IrvingCC Packet 2011-09-01

AGENDA
MEETING OF THE IRVING CITY COUNCIL

THURSDAY, SEPTEMBER 1, 2011
COUNCIL CHAMBER - CIVIC CENTER COMPLEX
825 WEST IRVING BOULEVARD
IRVING, TEXAS
City Council Agenda 09/1/2011 1
~
1:01 P.M. -- CITY COUNCIL WORK SESSION -- WEDNESDAY, AUGUST 31, 2011 -- FIRST FLOOR CITY COUNCIL
CONFERENCE ROOM -- CIVIC CENTER COMPLEX -- 825 WEST IRVING BOULEVARD -- IRVING, TEXAS
6:15 P.M. ------------------------------------------------------------------Pre-Council Briefing (If Necessary) 1st Floor
City Council Conference Room Or City Council
Chamber Conference Room, Civic Center
Complex
7:00 P.M. -----------------------------------------------------------Organizational Service Announcements
Invocation
Bishop Kevin Dickerson, Dayspring Family Church
Pledge Of Allegiance
Proclamations, Announcements, and Special Recognitions
Citizens' Forum
Citizens are invited to speak for three (3) minutes on matters relating to City government and
on items not listed on the regular agenda.
Public Hearing: Items 1 through 54
THIS MEETING CAN BE ADJOURNED AND RECONVENED, IF NECESSARY, WITHIN 24 HOURS ON
THE FOLLOWING DAY IN THE COUNCIL CHAMBER.
ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG
AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH
551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE.
This facility is wheelchair accessible and handicap-parking spaces are available. Requests for interpretation services or
assistive hearing devices must be made 48 hours prior to the meeting. Contact the City Secretarys Office at (972) 721-2493
or (TDD) 1-800-RELAY TX (1-800-735-2989) for assistance.
CITY COUNCIL AGENDA
1 Public Hearing -- Public Input Hearing on the 2011-12 City of Irving Fiscal
Year Budget
Administrative Comments
1. This item supports Strategic Goal No.8: Sound Governance.
2. Impact: This public hearing gives the Irving taxpayers an additional opportunity to
comment on next years budget.
3. The Fiscal Year 2011-12 City Budget is scheduled to be adopted on September 22,
2011.
Recommendation
Receive public input and council input regarding the FY2011-12 budget.
2 City Operations Update
CONSENT AGENDA
3 Approving Work Session Minutes for Friday, July 29, 2011
4 Approving Special Meeting Minutes for Wednesday, August 03, 2011
5 Approving Work Session Minutes for Wednesday, August 03, 2011
6 Approving Work Session Minutes for Thursday, August 04, 2011
7 Approving Regular Meeting Minutes for Thursday, August 04, 2011
8 Approving Budget Retreat Minutes for Thursday, August 18, 2011
9 Resolution -- Designating the Mayor as the Authorized Official and
Authorizing the Mayor to Accept, Reject, Alter or Terminate a Victim
Coordinator and Liaison Grant (VCLG) through the Office of the Attorney
General to Continue Funding of the Irving Police Department's Victim
Coordinator Liaison Position for a One Year Period
1. This item supports Strategic Goal No. 4: Safe and Secure City.
2. Impact: The Crime Victim Liaison position provides services for victims of violent
crime to reduce the impact of the trauma.
3. The funding for this grant period is September 1, 2011, through August 31, 2012,
unless it is terminated earlier in accordance with another provision of the contract.
4. This grant provides partial funding in the amount of $42,000.00 for the Victim
Coordinator Liaison position with the city being responsible for a cash match in the
amount of $33,350.00.
5. Funding in the amount of $2,780.00 for the period of September 1, 2011, through
September 30, 2011, is available in the General Fund for Fiscal Year 2010-11 and
in the amount of $30,570.00 for the period of October 1, 2011, through August 31,
2012, subject to funds being appropriated in Fiscal Year 2011-12.
Recommendation
The resolution be approved.
10 Resolution -- Approving a Grant Application Submittal to the Assistance to
Firefighter Grant for Compressors/Cascade/Fill Station
2. Impact - By applying for the 2011 Assistance to Firefighters Grant, the Irving Fire
Department will be able to purchase a new breathing air compressor, cascade
system and fill station to replace the existing system at Station 2 which has
become unreliable as it has been out of service for repairs 10 times in the last 2
years. By purchasing such a system, we will be able to ensure the continued
safety of our members as we provide emergency service for our citizens, visitors,
other City of Irving employees and businesses.
3. This grant is for the purchase of a stationary breathing air compressor, cascade
system and fill station and provides 80% funding in the amount of $55,960.00, with
the City being responsible for a 20% match in the amount of $13,990.00 for a total
grant amount of $69,950.00.
Recommendation
11 Resolution -- Approving the Use of DART South Irving Transit Center
Parking Lot for Irving Main Street Event
1. This item supports Strategic Goal No. 7: Cultural, Recreational, and Educational
Environments.
2. Impact: The use of the South Irving Transit Center will allow the City of Irving to
utilize the parking lot area as a key venue for the Irving Main Street Event.
Recommendation
12 Resolution -- Terminating the Economic Incentive Agreement with DCH
Materials, LP
1. This item supports Strategic Goal No. 8: Sound Governance.
2. Impact: State House Bill 590 has changed the methodology for determining the
source of local sales and use taxes. Since the law will no longer recognize
centralized purchasing offices as the source for sales tax allocation, the Citys
sales tax rebate agreement will Drees Custom Homes (DCH) is no longer viable.
3. Beginning Sept. 1, 2011, the Comptroller will not recognize a purchasing office
as a place of business of the retailer for the purposes of sourcing local sales
tax if either:
(1) the office receives a rebate of local sales and use taxes; or
(2) a related entity (parent, subsidiary or affiliate) is able to avoid or
reduce its local sales and use tax liabilities by establishing or operating the
purchasing office, through either creation of a new entity or movement of an
existing entity, in a location with a lower sales tax rate than the location
where the purchasing office or related entity formerly performed purchasing
functions.
4. As Drees currently has a sales tax incentive with the City, sales from the Drees
purchasing office in Irving will no longer be recognized and has requested
termination of the existing agreement. Drees currently generates approximate
$238,000 in sales tax annually, of which the City rebates 65%. The net loss to the
City is approximately $83,000 annually.
5. This adjustment to sales tax revenue will be incorporated in the final FY 2012
budget. In accordance with their request, the attached resolution terminates the
economic incentive agreements effective August 31, 2011.
Recommendation
13 Resolution -- Terminating the Economic Incentive Agreement with Lennar
Trading Company, L.P.
sales tax rebate agreement will Lennar Homes is no longer viable.
tax if either:
functions.
4. As Lennar currently has a sales tax incentive with the City, sales tax from the
Lennar purchasing office in Irving will no longer be recognized. Lennar currently
generates approximately $1 million of sales tax annually, of which the City rebates
75% on a monthly basis. In addition, the City also has an agreement with the
developers of the Supermall site that splits the remaining sales tax, after the rebate
to Lennar, 50/50 with the developer of the Supermall Site at Hwy. 635 and
MacArthur Blvd. This agreement is also being terminated as there will be no further
sales to rebate. The net loss to the City is approximately $112,000 annually.

Recommendation
14 Resolution -- Terminating the Economic Incentive Agreement with 635
Phillips Limited Partnership
sales tax rebate agreement to 635 Phillips for sales tax generated by Lennar
Homes is no longer viable.
3. The developers of the Supermall at 635 and MacArthur currently receive a
percentage of the sales tax generated by Lennar as a provision of Lennar locating
within the Supermall which has its own developer reimbursement agreement.
4. As the new sales tax allocation method prevents Lennar Trading Company from
further sales tax generation in Irving, the associated agreement with 635 Phillips is
also being terminated.
5. The attached resolution terminates the economic incentive agreement effective
August 31, 2011.
Recommendation
15 Resolution -- Authorizing the City Attorneys Office to File a Lawsuit(s) to
Require Code Compliance on Property Located at 310-370 Brown Drive,
Irving, Texas
1. This item supports Strategic Goals No. 2. Vibrant Neighborhoods and No. 4 Safe
and Secure City.
2. Impact: The suit(s) will seek to address code violations at the multi-family property
located at 310-370 Brown Drive, Irving, Texas.
3. The property located at 310-370 Brown Drive, Irving, Texas, (Property) is an 85-
unit apartment complex.
4. The Property has numerous code violations, including electrical and plumbing
violations.
5. In addition, in settlement of two previous lawsuits that the owner filed against the
City of Irving, appealing civil penalties assessed by the Building and Standards
Commission, the owner agreed to pay $17,000.00 plus interest. To date, that
amount remains unpaid.
6. The resolution regarding the Property authorizes the City to file lawsuit(s) pursuant
to Chapters 54 and 211 of the Texas Local Government and other law to: a) enforce
the Citys monetary settlement, possibly through foreclosure; b) compel the owner
to bring the Property into compliance with the Citys ordinances or demolish the
Property; c) allow the City to demolish the Property; d) recover civil penalties and
court costs; and e) take any other action allowed by law to bring the Property into
compliance.
Recommendation
16 Resolution -- Authorizing the City Attorneys Office to File a Lawsuit to
Require Code Compliance on Property Located at 307 and 307-1/2 High
School Lane, Irving, Texas
1. This item supports Strategic Goals; No. 2: Vibrant Neighborhoods and No. 4: Safe
and Secure City.
2. Impact: This suit will seek to address code violations at the property located at
307 and 307-1/2 High School Lane, Irving, Texas.
3. The property has numerous code violations, including exposed wood, a damaged
roof, exposed electrical wires, structural issues, and wall penetrations in violation of
The Code of Civil and Criminal Ordinances of the City of Irving, Texas.
4. The resolution authorizes the City Attorneys Office to file suit on behalf of the City
and take all legal action authorized by Chapter 54 of the Texas Local Government
Code and other applicable law concerning the property located at 307 and 307-1/2
High School Lane, Irving, Texas.
Recommendation
17 Resolution -- Authorizing the City Attorneys Office to File a Lawsuit to
Require Zoning and Code Compliance on Property Located at 1609 Dale
Place, Irving, Texas
1. This item supports Strategic Goal No. 2: Vibrant Neighborhoods.
1609 Dale Place, Irving, Texas.
3. The owner of the property located at 1609 Dale Place, Irving, Texas, (Property)
maintains his property with outside storage, junk, and refuse in violation of the Citys
zoning laws and The Code of Civil and Criminal Ordinances. In addition, he is
attempting to construct a fence with unapproved fence materials.
4. For over a year, the Code Enforcement Department has been trying to gain
compliance at the Property and have issued seven citations.
5. Outside storage, junk, and refuse issues are ongoing.
6. The resolution regarding the Property authorizes the City to file a lawsuit pursuant
to Chapters 54 and 211 of the Texas Local Government Code to: a) compel the
owner to remove the outside storage, junk, refuse, and fence from the Property and
to maintain the Property free from such materials; b) compel the owner to abate any
other violations that arise during the pendency of the lawsuit; c) allow the City to
remove the outside storage, junk, refuse, and fence and place a lien on the
Property for its costs; and d) recover civil penalties and court costs.
Recommendation
18 Resolution -- Approving an Engineering Services Agreement Between the
City of Irving and Freese and Nichols, Inc., for the Design of the Delaware
Creek Channel Improvements Project
1. This item supports Strategic Goal No. 9: Infrastructure.
2. Impact: This consulting contract will design the proposed capacity improvements of
the Delaware Creek Channel to contain the 100 year flood event inside the
improved channel from MacArthur Blvd. to SH 183 in Jaycee Park. The capacity of
the Delaware Creek Channel between Grauwyler Road and SH 183 will have to be
increased to handle the increased storm run-off from the future widening of SH 183.
3. This project will design the size and depth of the concrete channel improvements
and the removal and replacement of all existing bridges along this corridor. This
design is needed to prepare for the potential acceleration of the improvements to
SH 183.
4. This project will also design the improvements to the 36-inch wastewater line to be
placed along the improved channel. These improvements will provide better
wastewater capacity and decrease inflow and infiltration of groundwater into the
citys wastewater system.
5. Request for qualifications were solicited for the design of channel, water and
wastewater improvements. Qualifications were received from 21 firms. Four were
chosen to be interviewed. Freese and Nichols, Inc., was determined to be the firm
to have the best design team expertise and experience for the design of the work
solicited.
6. Staff negotiated a fair and reasonable agreement with Freese and Nichols, Inc., for
these services in the amount of $1,200,525.00 and recommends award. Staff
negotiated the total fee down from 12% to 10.3% of the proposed $11,700,000.00
construction budget.
7. Minority- and/or Women-owned Business (M/WBE) participation in this award is
26%.
8. Funding in the amount of $227,000.00 is available in the Sanitary Sewer Bond Fund
and $973,525.00 is available in the Storm Water Bond Fund.
Recommendation
19 Resolution -- Approving an Engineering Services Agreement Between the
City of Irving and Halff Associates, Inc., for the Design of the Water Master
Plan Improvements, Section I and Miscellaneous Water and Wastewater
Main Replacements
2. Impact: This work is part of the priority replacements for the Water Utilities
Department. This project will design the installation of new water mains identified
in the current Water Master Plan to provide better capacity and pressure to the
citys water system. This project is part of the 2011 funding for water and
wastewater improvements.
3. This project will design the installation of over 5,800 linear feet of 12-inch to 20-inch
new water mains and the replacement of almost 16,000 linear feet of water and
wastewater mains along Carl Road, West Northgate Drive, Harvard Street, Esters
Road, Royal Lane and East Pioneer Drive.
4. Request for qualifications were sent to 166 vendors with 38 responses. The top six
firms were interviewed. Halff Associates, Inc., was determined to be one of three
firms to have the best design team expertise and experience for the design of the
work solicited.
5. Staff has negotiated a fair and reasonable agreement with Halff Associates, Inc., for
these services in the amount of $634,875.00 and recommends award. The basic
services fee is 9.5%.
28%.
7. Funding in the amount of $507,900.00 is available in the Water Improvement Bond
Fund and $126,975.00 is available in the Sanitary Sewer Bond Fund.
Recommendation
20 Resolution -- Awarding a Contract to Jeske Construction Co., for Lake
Dredging and Slope Protection for Centennial Park Pond
2. Impact: This project will dredge Delaware Creek within Centennial Park and
construct cast-in-place retaining walls to stabilize the creek slopes.
3. Bids were received from five bidders. Jeske Construction Co., submitted the lowest
and best base bid in the amount of $1,181,455.00. An additional $38,545.00 is
required for testing, bringing the total cost of the project to $1,220,000.00. This is
$168,545.00 (12.5%) below the funding allocated for this project.
4. Funding in the amount of $1,112,097.50 is available in the Municipal Drainage
Utility Bond Fund and $107,902.50 is available in the Municipal Drainage Utility
Fund.
Recommendation
21 Resolution -- Awarding a Contract to Reyes Group Ltd., for the
Northgate/Windsor/Durango/McClendon & East Irving Boulevard Water
Main Improvement Project
Department. This project will provide upgraded water infrastructure for 110
residential properties along five streets and one alley.
3. This project will replace approximately 7,870 linear feet of deteriorated water lines,
water valves and fire hydrants along the following streets:
a. Northgate Drive from Stafford Street to MacArthur Blvd.
b. Windsor Street from Addington Street to Northgate Drive
c. North Durango Circle from Rochelle Blvd. to Durango Court
d. South Durango Circle from Rochelle Blvd. to Durango Court
e. Durango Court
f. Rochelle Blvd. from South Durango Circle to North Durango Circle
g. McClendon Street from North Nursery Road to Milner Road
h. The alley west of 808 East Irving Blvd.
4. Bids were received from five bidders. Reyes Group Ltd., submitted the lowest
responsive bid of $1,455,088.00. An additional $7,275.00 is required for testing,
bringing the total cost of the project to $1,462,363.00.
100%.
6. Funding in the amount of $1,442,311.00 in the Water Improvement Bond Fund and
$20,052.00 is available in the Sanitary Sewer Bond Fund.
Recommendation
22 Resolution -- Approving Addendum No. 2 to an Engineering Services
Agreement Between the City of Irving and Winkelmann and Associates,
Inc., for the Design of the Grauwyler Road Paving Improvements from Carl
Road to Loop 12 Project
2. Impact: This addendum will provide for the design of the 48-inch water
transmission main (i.e. Jamison supply line) from Grauwyler Road to the north side
of SH 183. It will also break the project into two phases. Phase 1 includes the 48-
inch water transmission design and Phase 2 includes the 48-inch tie-in at Voirin
Road and the completion of paving reconstruction from Carl Road to Loop 12.
Fund.
Recommendation
23 Resolution -- Renewing Annual Contract with CHA, Inc., for Annual
Structural Engineering Services
2. Impact: The annual contract provides structural engineering services on an as-
needed basis for review, analysis and/or design of existing or proposed City of
Irving infrastructure, i.e. retaining walls, screening walls and pedestrian bridge
abutments. Structural engineering is a specialized professional skill set that is not
available within existing staff.
3. Staff recommends renewal of this annual contract.
4. The contract will include hourly rates and the funding will be allocated from various
project funds as needed. The city has expended an average of $170,000.00 per
year on structural engineering services over the last two years.
5. Funding in the net estimated amount of $14,666.00 for the period of September 1,
2011 through September 30, 2011, and in the net estimated amount of $155,334.00
for the period of October 1, 2011 through August 31, 2012, subject to funds being
appropriated in the 2011-12 fiscal year budget, will be charged to various project
funds as needed.
Recommendation
24 Resolution -- Renewing an Agreement with Harris Corporation (Formally
M/A Com) for the Annual Maintenance for Features Extended (FX)
Software for the Enhanced Digital Access Communications System
(EDACS)
2. This item has been recommended by Information Technology.
3. This maintenance agreement ensures that Harris Corporation keeps our EDACS
system up to date with the latest patches and ensures the City has the latest
programming software for mobiles/portables.
4. This agreement also ensures Harris Corporation keeps a backup of software files
offsite in a secure location in case it is ever necessary to rebuild our system if a
catastrophe occurs.
5. Without these upgrades, the system would eventually be unrepairable and the City
could not maintain the mobiles and portable radios.
6. Funding in the net amount of $60,000.00 for the period of October 1, 2011, through
September 30, 2012 is available in the General Fund, subject to funds being
appropriated in Fiscal Year 2011-12.
Recommendation
25 Resolution -- Declaring Property Surplus and Authorizing the Taking of
Bids for the Sale of Lots 1 and 2, Block 1, Original Town of Irving Located
at 313 West Irving Boulevard
1. This item supports Strategic Goal No. 3: Economic Development.
2. Impact: Development of this property will positively impact Heritage Crossing.
3. This 1/2 acre property was originally purchased in August 2002 pursuant to Council
Resolution 06-20-02-229 at a purchase price of $350,000.00.
4. As the property can be developed independently, it is eligible to be sold at a sealed
bid sale.
5. The property will be conveyed by Special Warranty Deed, subject to any
easements, reservations, conditions, covenants and restrictive covenants affecting
the property.
6. The City will retain subsurface mineral rights to the property, but will waive the
surface rights in order to not interfere with its use.
7. Minimum bid for the property will be set at $350,000.00 plus the Citys interest cost
and any other costs incurred by the city during its ownership.
8. Bidders will be required to submit a design/development plan for the property
consistent with the plans for revitalization in the Heritage Crossing. The city will
retain the right for final approval of the plans, specifications and use of the property.
Bidders must be actively engaged with redevelopment within the Heritage District
and demonstrate the ability to utilize the proposed development to reduce the citys
financial obligations or promote further land banking related to the redevelopment
initiative.
Recommendation
26 Resolution -- Approving License Agreement with American Tower for a
Distributed Antenna System (DAS) at the Irving Convention Center at Las
Colinas
1. This item supports Strategic Goal No. 3: Economic Development Cultivate an
Environment Conducive to Strong, Successful Economic Development
2. Impact: This license agreement will provide a higher level of customer service for
cell phone users at the Irving Convention Center and generate additional operating
revenue for the facility.
3. American Tower will provide the infrastructure necessary to equip the Irving
Convention Center with a Distributed Antenna System (DAS), which will provide
additional capacity for cell phone users within the facility. The value of this
infrastructure is estimated at $1 million. American Tower is a key provider of these
services in convention centers around the country, and has a solid reputation for
understanding and adapting to the changing needs of convention center exhibitors
and attendees.
4. In return for the license agreement that allows American Tower to establish the
infrastructure, American Tower will provide a sponsorship fee of $150,000.00 to the
Irving Convention Center and will then solicit phone service providers to utilize the
tower.
5. The DAS system can accommodate up to four service providers; as the second and
third providers are brought on board, additional revenue sharing opportunities are
provided for the Irving Convention Center.
6. There is no cost to the Irving Convention Center nor the Irving Convention and
Visitors Bureau for this License Agreement, therefore no funding is required. The
agreement provides incremental revenue opportunities for the convention center
while also providing a higher level of customer service
Recommendation
Bids & Purchasing Items
Items 27 42
27 Resolution -- Approving and Accepting the Bid of Recovery Systems Inc.,
Dba Pro Tow Wrecker Service, for an Annual Contract to Provide Wrecker
Service and Auto Pound Operation
1. This item supports Strategic Goals No. 4: Safe and Secure City and No. 8: Sound
Governance.
2. This item has been recommended by Police.
3. Impact: The new contract will produce higher revenue for the city, based on the
same number of impounded vehicles and auction sales as the previous contract,
while keeping wrecked and abandoned vehicles off city streets.
4. This award establishes an annual contract for the continuation of providing wrecker
service and auto pound operation for wrecked, disabled, abandoned, confiscated,
or other impounded vehicles so designated for storage by Police.
5. Funding in the net estimated amount of $365,495.00 for this one-year contract is
available in the General Fund, subject to funds being appropriated in Fiscal Year
2011-12.
6. Estimated revenue in the amount of $289,583.00 for this one-year contract will be
deposited in the General Fund.
Vendor FY 2011-12 Est. Expenditures
(Future FY)
Total Est. Expenditure
Recovery Systems Inc., dba
Pro Tow Wrecker Service $365,495.00 $365,495.00
Recommendation
28 Resolution -- Renewing an Annual Agreement with the University of Texas
Southwestern Medical Center at Dallas for Continuing Education Services
for Emergency Medical Technicians (EMTs) and Paramedics
2. This item has been recommended by Fire.
3. Impact: These services ensure that all Irving Fire Department EMTs and
paramedics have the training hours required to meet State Certification.
4. This renewal establishes the continuation of an annual contract to provide
continuing education hours and training as defined by the Biotel EMS System and
UT Southwestern Medical Program.
5. Funding in the net estimated amount of $97,598.00 for this one-year contract will be
available in the General Fund, subject to FY11-12 funds being appropriated.
Vendor
FY 2011-12 Est.
Expenditures
(Current FY)
Total Est.
Expenditure
University of Texas
Southwestern Medical Center
at Dallas
$97,598.00 $97,598.00
Recommendation
9 Resolution -- Renewing an Annual Contract with the University of Texas
Southwestern Medical Center at Dallas for Medical Direction and Quality
Assurance Services for Emergency Medical Technicians (EMTs) and
Paramedics
3. Impact: By operating under the medical license and guidance of a qualified
physician, the paramedics of the Irving Fire Department can provide the highest
level of quality patient care for the community. The use of a quality assurance
program provides the necessary feedback to meet this important goal.
4. This renewal establishes an annual contract for the continuation of providing
medical direction and quality assurance services required for the Fire Department to
comply with Texas Department of Health EMS recertification rules. These services
are for all paramedics and EMTs authorized for clinical performance in the UT
Southwestern Medical Program and the BioTel EMS system.
5. Funding in the net amount of $6,010.54 for this one-year contract is available in the
General Fund, subject to FY11-12 funds being appropriated.
Vendor
FY 2011-12 Est.
Expenditures
(Current FY)
Total Est.
Expenditure
University of Texas
of Dallas
$6,010.54 $6,010.54
Recommendation
30 Resolution -- Renewing an Annual Contract with Grant Thornton, LLP, for
Professional Auditing Services for the City of Irving for Fiscal Year 2010-11
2. This item has been recommended by Financial Services.
3. Impact: This agreement provides an annual audit and opinion of the citys financial
records as required by the City Charter and bond covenants.
4. This renewal establishes the continuation of auditing services for the purpose of
examining the books and records of the City of Irving for Fiscal Year 2010-2011. In
addition, the auditors issue an agreed upon procedures report for Dallas Regional
Mobility Coalition (DRMC), DFW Interlocal Agreement, and Texas Commission on
Environmental Quality.
5. This renewal includes additional auditing services that consists of internal control
review and compliance audit of two additional grant funds.
6. The annual not to exceed amount will be $255,150.00 ($550.00 for DRMC is paid
separately) for this one-year renewal contract, and funding will be from the General
Fund and allocated to grants where funding is available, subject to FY11-12 funds
being appropriated.
Vendor
FY 2011-12 Est . Expendi t ur es
(Fut ur e FY)
Tot al Est .
Expendi t ur e
Gr ant Thor nt on, LLP $255,150.00 $255,150.00
Recommendation
31 Resolution -- Approving and Accepting the Proposal of MED3000, Inc., for
Billing and Collection of Emergency Medical Services
2. This item has been recommended by Financial Services and Fire.
3. Impact: This contract allows the city an opportunity to enhance revenues from
Emergency Medical Services billing and collection through acceptance of on-line
payments and other technology tools.
4. This award establishes an annual contract for the continuation of providing billing
and collection services in connection with emergency medical services provided by
Fire.
5. Purchasing sent solicitation notices to 14 vendors, of which 11 were
Minority/Woman Owned Business Enterprise (M/WBE) or Historically Underutilized
Business (HUB). Eleven responses were received, of which two (2) were M/WBE
or HUB. The lowest responsive, responsible bidder meets specifications and
performance criteria established in the RFP to provide the best functionality and
value for the city, and are being recommended for award. The proposals were
reviewed by an evaluation committee from Financial Services, Fire and Information
Technology departments.
6. Overall, staff estimates a collection rate of 65%, and an increase in annual revenue
from $2,215,000.00 to $2,676,000.00
7. The new contracted vendor will receive 4.5% commission on collections of billed
accounts, which is the same as the current vendor.
8. The new contracted vendor will increase efforts to collect amounts due for accounts
up to and past ninety days and will receive 6.5% commission on these collected
funds.
9. Funding in the net estimated annual amount of $120,000.00 or a total of
$390,000.00 ($30,000.00 for accounts greater than 90 days) for this three-year
contract will be available in the General Fund, subject to FY11-12 funds being
appropriated.
Vendor
FY 2011-12 Est .
Expendi t ur e
(Fut ur e FY)
FY 2012-13 Est .
Expendi t ur e
(Fut ur e FY)
FY 2013-14 Est .
Expendi t ur e
(Fut ur e FY)
Tot al Est .
Expendi t ur e
M ED3000, Inc. $150,000.00 $120,000.00 $120,000.00 $390,000.00
Recommendation
32 Resolution -- Renewing an Annual Contract with Texas Municipal League
Intergovernmental Risk Pool and McGriff, Seibels and Williams, Inc., for
Property and Casualty Insurance Services
3. Impact: This renewal provides coverage and excess coverage for the citys
property and casualty insurance needs.
4. This renewal establishes the continuation of annual contracts to provide property
and casualty insurance services and excess insurance for self-insured retentions.
5. At the January 2010 TML-IRP Board Meeting, property rates for the 2009-2010
Fund Year were reduced by 10% immediately with the reduction to continue for the
2010-2011 Fund Year. For 2011-2012, rates are being held at the same level.
6. Funding in the total net estimated amount of $1,571,764.00 for this two-year
contract will be available in the Property and Casualty Self-Insurance Fund, subject
to FY11-12 and FY12-13 funds being appropriated.
Vendor It em(s)
FY 2011-12
Est .
Expendi t ur e
(Fut ur e FY)
FY 2012-13
Est .
Expendi t ur e
(Fut ur e FY)
Tw o Year
Est . Expendi t ur e
Texas M uni ci pal League
Int er gover nment al Ri sk Pool P & C $443,562.00 $443,562.00 $887,124.00
M cGr i f f , Sei bel s and Wi l l i ams,
Inc.
Excess
Ins. $342,420.00 $342,420.00 $684,840.00
Tot al Est i mat ed Amount $785,982.00 $785,982.00 $1,571,764.00
Recommendation
33 Resolution -- Renewing the Annual Contract with TRISTAR Risk
Management and Merit Insurance Services, Inc., to Provide Claims
Administration Services and Family and Medical Leave Act Administration
Services
3. Impact: This renewal maintains the citys regulatory compliance with the Workers
Compensation Division of the Texas Department of Insurance and with the Federal
Family and Medical Leave Act; to provide services of claims for workers
compensation and liability claims.
4. This renewal establishes the continuation of an annual contract to provide Claims
Administration Services. The original contract was awarded on the basis of
competitive bids.
5. TRISTAR has agreed to renew their annual fee at the expiring amount for the next
two years. Their contract allowed for annual increases averaging $5,948.00. By
negotiating to maintain the expiring fee amount, there is a 4.7% savings equaling
$17,842.00 over the next two years.
$437,790.00 for this two-year contract, and funds will be available in the Self
Insurance Fund, subject to FY11-12 and FY12-13 funds being appropriated.
Vendor It em(s)
FY2011-12
Est .
Expendi t ur e
(Fut ur e FY)
FY2012-12
Est .
Expendi t ur e
(Fut ur e FY)
Tw o-Year Est .
Exp.
TRISTAR Cl ai ms Admi n $178,895.00 $178,895.00 $357,790.00
M er i t Insur ance
FM L Admi n $ 40,000.00 $ 40,000.00 $ 80,000.00
Tot al Est i mat ed
Amount
$218,895.00 $218,895.00 $437,790.00
Recommendation
34 Resolution -- Approving and Accepting the Bid of Western Paper Co., for
Office Paper
1. This item supports Strategic Goals No. 6: Effective Communications and No. 10:
Environmentally Sustainable Community.
3. Impact: The award provides paper with at least 30 percent recycled paper pulp.
4. This award establishes an annual contract for the continuation of providing bond
paper for copiers and printers, heavier card stock for postcards or print jobs, and
NCR paper for multiple set documents.
5. Minority and/or Women-owned Business Enterprises (M/WBE) participation on
this award is 100%.
6. Funding in the net estimated annual amount of $94,000.00 for this one-year
contract will be available in the General Fund.
Vendor
(Cur r ent FY)
Tot al Est .
Expendi t ur e
West er n Paper Co. $94,000.00 $94,000.00
Recommendation
35 Resolution -- Approving and Accepting the Bids to Morrison Supply Co.,
MSC Water Works; ACT Pipe & Supply; Ferguson Enterprises; and
Municipal Water Works Supply for Pipe Fittings
1. This item supports Strategic Goal No. 9: Infrastructure Network.
2. This item has been recommended by Water Utilities.
3. Impact: Pipe fittings are used for repairs in the citys water distribution system and
wastewater collection system. The parts provided from this contract include glands,
bends, tees, tapping sleeves, and other miscellaneous parts.
4. This award establishes an annual contract for the continuation of providing pipe
fittings.
contract is available in the Water and Sewer System Fund, subject to FY11-12
funds being appropriated.
Vendor Group
FY 2010-11 Est.
Expenditure
(Current FY)
FY 2011-12 Est.
Expenditure
(Future FY)
Total Est.
Expenditure
Morrison Supply Co. I, V, VII, VIII $3,563.05 $39,193.56 $42,756.61
MSC Water Works II $463.30 $5,096.25 $5,559.55
ACT Pipe & Supply III, IX $366.98 $4,036.82 $4,403.80
Ferguson Enterprises IV $3,299.96 $36,299.58 $39,599.54
Municipal Water Works Supply VI $939.93 $10,339.23 $11,279.16
Total: $8,633.22 $94,965.44 $103,598.66
Recommendation
36 Resolution -- Approving the Purchase from Equipment Southwest, Inc., for
a Freightliner Hydro-Vac Truck through the BuyBoard Cooperative
3. Impact: This new hydro-vac truck will provide assistance with cleaning wastewater
mains, which increases the life of the mains, and reduces the possibility of sanitary
sewer overflows, and support our water and sewer line repairs by hydro excavating
as required by the State.
4. This purchase is for one hydro-vac truck made by Freightliner. This is a budgeted
replacement for vehicle #32141, a 2002 Sterling Flushing Truck. Many of our
excavations now require the use of hydro excavation to avoid damaging other
utilities. This purchase utilizes our Interlocal Participation Agreement with the
Texas Local Government Statewide Purchasing Cooperative; Purchasing Program
administered by the Texas Association of School Boards (the BuyBoard Program)
contract number 358-10.
5. Funding in the net amount of $175,000.00 is available in the Equipment
Replacement Fund and a transfer of $125,000.00 will be made from the Water and
Sewer System Fund.
Vendor
FY 2011-12 Est.
Expenditures
(Current FY)
Total Est.
Expenditure
Equipment Southwest, Inc. $298,566.00 $298,566.00
Recommendation
37 Resolution -- Renewal of the Bids of Vulcan, Inc., Dba Vulcan Signs, and
Nippon Carbide Industries (USA) Inc., for Annual Contracts to Provide
Reflective Sign Materials
2. This item has been recommended by Public Works Traffic & Transportation.
3. Impact: These contracts provide reflective sheeting materials used for the
fabrication of City roadway regulatory, warning, and street name traffic signs, to
sustain a transportation system that enhances motorist safety and provides
directional guidance.
4. This renewal establishes annual contracts for the continuation of providing sign
faces, overlay films, transfer tapes, and slip sheeting surface protection.
5. The annual estimated amount will be $53,430.00 for this one-year contract, and
funding will be from the General Fund, subject to FY11-12 funds being
appropriated.
Vendor Item
FY 2010-11 Est.
Expenditure
(Current FY)
FY 2011-12 Est.
Expenditure
(Future FY)
Total Est.
Expenditure
Vulcan Signs A $3,748.34 $18,741.66 $22,490.00
Nippon Carbide B & C $5,156.66 $25,783.34 $30,940.00
TOTALS: $8,905.00 $44,525.00 $53,430.00
Recommendation
38 Resolution -- Approving and Accepting the Bid of Burst Communications
Inc., for a Multi-Channel Slow Motion Record/Playback System
1. This item supports Strategic Goal No. 6: Effective Communications
2. This item has been recommended by Corporate Communications.
3. Impact: This purchase replaces an aging system, which is no longer feasible to
repair, to provide ICTN programming and services with greater efficiency and
effectiveness.
4. This purchase will be funded with PEG fee revenue, which must be used for capital
equipment.
5. Funding in the net amount of $81,995.00 is available in the General Fund.
Vendor FY 2010-11 Est.
Expenditure
(Current FY)
Burst Communications Inc. $81,995.00 $81,995.00
Recommendation
39 Resolution -- Approving the Purchase from Sam Packs Five Star Ford for
Two Ford F-250 X 3/4 Ton Pickup Trucks through the State of Texas
Procurement Support Services (TPASS)
1. This item supports Strategic Goal No. 10: Environmentally Sustainable Community.
2. This item has been recommended by Solid Waste Services.
3. Impact: These vehicles will be used to collect missed refuse stops, late set outs
and special waste materials as well as monitor and provide support to the daily
activities of the Solid Waste Services collection crews.
4. This purchase is for one 2011 Ford F-250, ton regular cab pickup with additional
equipment gas engine; and one 2011 Ford F-250 regular cab pickup with additional
equipment diesel engine. These trucks will replace current truck #06139 and
#06142. This purchase utilitzes Texas Procurement and Support Services (TPASS)
072-A1.
Replacement Fund.
Vendor Item
FY 2010-11 Est.
Expenditure
(Current FY)
Total Est.
Expenditure
Sam Packs Five Star Ford Truck 1 gas engine $23,310.67 $23,310.67
Sam Packs Five Star Ford Truck 2 diesel engine $30,685.67 $30,685.67
Totals: $53,996.34 $53,996.34
Recommendation
40 Resolution -- Renewing Annual Contracts with Holt Texas, LTD., dba Holt
Cat; Landmark Equipment Co., Inc.; Conley Lott Nichols of Texas, Inc.; and
Stewart & Stevenson LLC, to provide Heavy Equipment Maintenance
2. This item has been recommended by Public Works Fleet Services.
3. Impact: These annual contracts will keep the citys heavy equipment repaired and
maintained with minimum downtime, keeping service levels high.
4. This renewal establishes the continuation of annual contracts to provide parts,
maintenance, and repairs for each original equipment manufacturer engine type,
while routine preventive maintenance continues to be performed by citys Fleet
staff.
available in the Garage Fund, subject to FY11-12 funds being appropriated.
Vendor Item(s)
FY10-11
Est. Exp.
(Current FY)
FY11-12
Est. Exp.
(Future FY)
Total
Annual
Est. Exp.
Holt Texas, LTD, dba Holt
Cat
1 & 5, Caterpillar - In and Out of
Warranty
$28,229.48 $141,147.34 $169,376.82
Landmark Equipment
Co., Inc.
2 & 6, Ford Tractors - In and
Out of Warranty
$ 1,659.46 $ 8,297.28 $ 9,956.74
Conley Lott Nichols of
Texas, Inc.
11, Morbark - In and Out of
Warranty; 14, Bobcat In and
Out of Warranty; and 16,
Ingram In and Out of Warranty
$ 783.34 $ 3,916.66 $ 4,700.00
Stewart & Stevenson LLC
All of 17, Detroit $ 5,653.24 $ 28,266.15 $ 33,919.39

Total Est. Amount
$36,325.52 $181,627.43 $217,952.95
Recommendation
41 Resolution -- Rejecting the Annual Bid for Road Maintenance Materials &
Recycled Concrete
1. This item supports Strategic Goals No. 9: Infrastructure and No. 10:
2. This rejection has been recommended by the Solid Waste Services and Traffic and
Transportation Departments.
3. Impact: It is recommended that the city reject this response, revise the
specifications accordingly, and rebid this item.
4. Road Maintenance Materials consist of various sands, gravel, etc.
Recommendation
The resolution for rejection be approved.
42 Resolution -- Rejecting the Annual Bid for Janitorial Supplies Part 2
6. This rejection has been recommended by the Public Works Department.
8. Janitorial supplies consist of cleaning implements, cleaning chemicals, etc.
Recommendation
End of Bids
43 Ordinance -- Budget Adjustment #2 to the 2010-11 Fiscal Year Budget
2. Budget Adjustments are needed in the following funds: Health Self Insurance Fund,
Solid Waste Services Enterprise Fund, Water & Sewer System Fund, Garage Fund,
Compensated Absences Fund, Property & Casualty Self Insurance Fund, Water &
Sewer System Non-Bond CIP Fund, Municipal Court Technology Fund, Convention
Center Complex Fund, Entertainment Venue Fund, Fleet Maintenance Fund,
General Fund Non-Bond CIP Fund, Convention Center Construction Bond Fund,
City Building Improvement Bond Fund, DART Bond Fund, TIF Project Fund, Animal
Shelter Bond Fund, Park Bond Fund, ICVB General Fund, ICVB Reserve Fund,
ICVB Computer Replacement Fund, IAC Theater Reserve Fund, IAC General Fund,
Genghis Khan Fund, Miscellaneous Grants Fund, Emergency Management Grant
Fund, Shelter Plus Care Grant Fund, Community Development Block Grant -
Recovery Fund, Community Development Block Grant FY 2007-2008, Homeless
Prevention and Rapid Re-housing Grant State Fund, Equipment Replacement
Fund, Municipal Drainage Utility Fund, Municipal Drainage Utility Non-Bond CIP
Fund, Miscellaneous Donations Fund, Economic Development Fund, Local Law
Enforcement Block Grant Fund, Library Grant Fund, Criminal Justice Grant Fund,
and General Fund.
Recommendation
The ordinance be adopted.
44 Ordinance -- Final Reading -- Approving a Negotiated Settlement with
Atmos Energy
2. Impact: Approval of the ordinance will implement a negotiated settlement with
Atmos Energy Corp.
3. Atmos Cities Steering Committee (ACSC) and Atmos Mid-Tex reached a settlement
addressing the Company's fourth Rate Review Mechanism (RRM) filing.
4. After review of the ACSC settlement team, it was determined that the evidence
supported no increase over current rates, and not the $15.4 million proposed by the
Company.
5. Ordinance approval includes a supplemental authorization of $6.6 million for
continuation of the steel pipeline replacement program throughout the Atmos
service area.
6. The outcome of this settlement is equal to or better than the outcome expected from
a lengthy contested case proceeding, and maintains cities' role as a regulator of
natural gas rates.
Recommendation
The ordinance be approved.
45 Ordinance -- Amending Section 21-87 and Section 21-87.1 of Chapter 21 of
the Code of Civil and Criminal Ordinances of the City of Irving, Texas, by
Adding a School Zone on Pioneer Drive from a Point 450 Feet West of Belt
Line Road to a Point 270 Feet East of Carver Lane; on Willow Creek Drive
from a Point 305 Feet West of Belt Line Road to Aubrey Hawkins Lane;
Aubrey Hawkins Lane from a Point 1,290 Feet South of the Eastbound
Frontage Road of State Highway 183 to Willow Creek Drive; and on State
Highway 114, West Frontage Road, from a Point 700 Feet East of
Cistercian Road to a Point 100 Feet West of Cistercian Road
1. This item supports Strategic Goal No. 9: Infrastructure Network
2. Impact: This Ordinance will establish a school zone for Lady Bird Johnson Middle
School along Pioneer Drive; Willow Creek Drive; and Aubrey Hawkins Lane; this
Ordinance also amends the established School Zone along the SH114 Westbound
Frontage Road adjacent to Cistercian Preparatory School;
Recommendation
46 Ordinance -- Amending Chapter 36 Entitled Public Swimming Pools and
Spas of the Code of Civil and Criminal Ordinances of the City of Irving,
Texas, by Amending Section 36-4 Permits and Fees
1. This item supports Strategic Goal No. 4: Set the Standard for a Safe and Secure
City.
2. Impact: This proposed fee increase for pool permit fees will help recover the Citys
cost in performing inspections and processing permits. A review of current fees in
the area, reveal that this fee is in line with at least six other cities in the metro area.
3. Proposed permit fee increase is from $150 to $200 per pool, hot tub, or spa.
4. Pool permit fees have not increased since 2005.
5. The net increase in cost recovery from this fee increase is projected to be $27,250
for Fiscal Year 2011-12.
Recommendation
INDIVIDUAL CONSIDERATION
47 Ordinance -- First Reading - Amending Chapter 52 Entitled Water and
Sewer Rates of the Code of Civil and Criminal Ordinances of the City of
Irving, Texas, Providing for New Monthly Water and Sewer Rates
2. Impact: Revenue projections under current rates are not sufficient to meet debt
coverage requirement goals. In order to provide for the operational needs of the
water and sewer system and meet commitments made to rating agencies, staff
recommends a 3% adjustment to both water and sewer revenues.
3. The costs of water purchases and treatment from Dallas Water Utilities as well as
the cost of sewer treatment from Trinity River Authority have increased for FY2011-
12. Combined, these rate increases will add over $1.064 million to the expenditures
of the Water & Sewer System Fund.
4. The rate adjustment is projected to increase revenues by $2.28 million. This
amount will fully offset the pass-through costs of water and sewer treatment. The
remaining $1.2 million will fund additional pay-as-you-go capital improvements to
replace neighborhood water and sewer mains.
5. To further promote conservation, the water rate increase will be structured so that
the monthly service charge, which includes the first 3,000 gallons of usage, will
increase by 2%, the next 7,000 gallons of usage by 3%, the next 10,000 gallons of
usage by 3.5% and all usage over 20,000 gallons per month by 4%. Sewer
revenues will increase by a straight 3% for all base and volume rates.
6. A cost of service study is prepared annually to ensure that funding is available to
meet the cash flow needs of the Water and Sewer System Fund and associated
funds and produce the required bond coverage factor to allow for the issuance of
additional bonds and maintain current bond ratings.
Recommendation
ZONING CASES AND COMPANION ITEMS
48 Resolution -- Approving Special Sign Permit #S1105-0035 to Allow Digital
Sign Panels on Both Sides of an Existing Monument Sign Located at 3650
N. OConnor Road - Waldrum Lighting and Signs, Applicant - Woodhaven
Presbyterian Church, Owner
1. This item supports Strategic Goal No. 1: Land Use.
2. Impact: If approved, the existing on-premise sign will be upgraded to include a
digital display, and another on-premise sign will be removed.
3. The applicant is proposing to install a digital display on both sides of an existing
monument sign, and concurrently remove a separate on-premise marquee sign. As
part of the request, the applicant is requesting variances to the required separation
between a digital sign and a residential use, and to the maximum allowed height of
the sign.
4. Section 7-3.1 of the City of Irving Code of Civil and Criminal Ordinances provides
that electronic signs that do not comply with the criteria of the sign ordinance may
be installed on lawfully existing signs if a special sign permit is obtained from the
City Council.
5. The applicant requests approval to install a 28-inch by 88-inch digital display sign
on each side of an existing church monument sign that is 10 feet wide and 7 8
high. The sign ordinance provides that electronic signs shall be located 100 feet or
more from residentially zoned property, and shall be installed as a component of a
monument sign that is a maximum of 7 feet in height. While the actual area of the
digital display complies with the requirements of the sign ordinance, the existing
monument sign on which the digital panels are to be placed is 8 inches higher than
allowed by the current sign ordinance, and is 97 feet from the nearest residential
property line to the west across OConnor Road. The nearest house is 115 feet to
the west across OConnor.
6. The signs will comply with the performance standards of the sign ordinance relative
to frequency of change of messages, automatic adjustment of the intensity of the
light based on ambient conditions, minimum length of message display, etc.
7. The height, location and setback of the sign are proposed to remain unchanged
from the current configuration. To ameliorate the effects of the new digital displays,
the applicant proposes to remove an existing marquee sign approximately 75 feet
north of the sign to be modified. Staff can support this request since removal of the
second sign will improve the appearance of this portion of OConnor Road, and the
existing monument sign complements the design and architecture of the adjacent
church building.
Recommendation
49 Ordinance -- Zoning Case #ZC11-0032 - Granting S-P-1 (Detailed Site Plan)
for C-N (Neighborhood Commercial) and Outside Dining Uses -
Approximately 1.0 Acre Located at 10025 North MacArthur Boulevard -
Pete Rahimi, Applicant - Ali Hemani Corporation, Owner(Postponed at the
August 4, 2011 City Council Meeting)
2. Planning and Zoning Commission Hearing Date and Recommendation: August 1,
2011 - Postpone to August 15, 2011 7-0 (Commissioner Tannehill absent). August
15, 2011 Favorable 4-3 (Commissioners Gregory, Tannehill, and Zapanta, nay;
Commisioner LaRose absent) with the stipulation that a decorative fence or other
protective barrier be installed around the outside seating area.
3. The applicant is requesting a zoning change to allow outside dining with a
restaurant use.
4. The Comprehensive Plan recommends Retail uses for this property. This request is
in conformance with the Comprehensive Plan.
5. The property is developed with a gas station and retail store. The site is zoned S-P-
1 (Detailed Site Plan) for C-N (Neighborhood Commercial) uses to allow an
attached carwash use in the adjoining space. The applicant is currently remodeling
the carwash area into a restaurant as an allowed retail use. The applicant proposes
to provide outdoor seats for customers on a new paved area on the south side of
the restaurant, for a total of 14 seats. A storefront glass window and door will be
installed in the carwash front, and the rear exit will be walled in. There is sufficient
parking for the use, and the applicant is not proposing a walk-up window.
6. The Valley Ranch Association has approved the restaurant and outside dining uses.
7. The stipulation of the Planning and Zoning Commission has been met. The
applicant is proposing to screen the area with flower planters.
8. Public notices were mailed to eight (8) adjacent property owners, with no letters in
support or opposition received.
Recommendation
The ordinance be adopted, subject to the applicant placing flower planters around the
outside seating area.
50 Ordinance -- Zoning Case #ZC11-0037 - Granting S-P-2 (Generalized Site
Plan) for C-N (Neighborhood Commercial) and Parking Lot Uses -
Approximately 2.74 Acres Located at 9905 West Valley Ranch Parkway -
HSS Systems, LLC, Applicant - PM Realty Group, Owner
2. Planning and Zoning Commission Hearing Date and Recommendation:
August 15, 2011 Favorable 6-1 (Commissioner Randall, nay; Commissioner
LaRose, absent).
3. The applicant is requesting to rezone the property to add a parking lot as a
permitted use.
5. The property is currently undeveloped. The applicant is wishing to develop the
property with a parking lot to serve a medical billing service office at 10030 N.
MacArthur Blvd.
6. The applicant has an existing office building east of this property across N.
MacArthur Blvd. which has a need for additional employee parking. The applicant
is wishing to develop this site with parking to address the need for the additional
parking while retaining the ability to develop the property in the future with
neighborhood commercial uses.
7. The applicant is proposing a 154 space parking lot to be encompassed by a 6-foot
decorative metal fence with brick columns along the Valley Ranch Parkway West
frontage, a 4-foot decorative metal fence on the north and east side, and a 6-foot
cedar fence on the west side of the parking lot. An arm gate for vehicle passage
and a 5-foot pedestrian opening to Valley Ranch Parkway West will be the only way
to access the parking lot. The applicant will be providing five (5) trees with shrubs
along Valley Ranch Parkway West, and additional shrubs, grass/cedar mulch and
16 trees throughout the parking lot with a note on the site plan that all landscaping
will be irrigated by an automatic sprinkler system.
8. The applicant, to address staff concerns about the pedestrian traffic from the
parking lot to the office building, has noted on the site plan that signs will be posted
to direct pedestrians to only cross at the intersection.
9. The applicant is scheduled to present this request to the Valley Ranch Association
on August 25
th
. Staff will inform the City Council of the decision by the Valley
Ranch Association during the August 31
st
work session.
10. Public notices were sent to thirteen (13) property owners, with no letters in support
and one (1) letter in opposition received. The opposition represents 2.5% of the
property within 200 feet.
Recommendation
The ordinance be adopted per the recommendation of the Planning and Zoning
Commission.
APPOINTMENTS AND REPORTS
51 Resolution -- Selection of Mayor Pro Tem and Deputy Mayor Pro Tem by
the City Council
2. Impact: The election of a Mayor Pro Tem and a Deputy Mayor Pro Tem assure
continuity of municipal government in the absence of the Mayor.
3. In accordance with the City of Irving Charter, Article IV, Section 10, stipulates that
the City Council shall select among the eight (8) Councilmembers a Mayor Pro Tem
who shall perform the duties of the Mayor in the Mayors absence or disability.
4. The Deputy Mayor Pro Tem position is one of tradition and not required by the City
Charter.
Recommendation
52 Resolution -- Appointments to Boards, Commissions, and Committees, to
Fill Unexpired Terms to the Planning and Zoning Commission and Youth
Council
2. Impact: Appointment of Irving residents to boards, commissions, and committees
assures that our residents have a voice in city government.
3. The vacant positions under consideration are Planning & Zoning Commission-
Place 3 and Youth Council Place 1 and Place 3.
Recommendation
53 Mayors Report
54 Adjournment
AGENDA ITEM SUMMARY PUBLIC INPUT HEARING
Meeting: 9/1/2011 DOC ID: 4106
Recommending Department: Budget & Compensation
Public Hearing -- Public Input Hearing on the 2011-12 City of Irving Fiscal
Year Budget
DISCUSSION:
1. This item supports Strategic Goal No.8: Sound Governance.
2. Impact: This public hearing gives the Irving taxpayers an additional opportunity to
comment on next years budget.
3. The Fiscal Year 2011-12 City Budget is scheduled to be adopted on September 22,
2011.
Recommendation
Receive public input and council input regarding the FY2011-12 budget.
ATTACHMENTS:
REVISION INFORMATION:
Prepared: 8/19/2011 03:28 PM by Misty Rios
Last Updated: 8/19/2011 04:54 PM by Misty Rios
1
Packet Pg. 34
WORK SESSION MEETING OF THE IRVING CITY COUNCIL
MEETING MINUTES
July 29, 2011
The Irving City Council met in work session July 29, 2011 at approximately 1:00 p.m. The
following members were present/absent:
Attendee Name Organization Title Status Arrived
Beth Van Duyne Irving City Council Mayor Present
Lewis Patrick Irving City Council Councilman Present
Rick Stopfer Irving City Council Councilman Present
Gerald Farris Irving City Council Councilman Present
Joe Philipp Irving City Council Councilman Present
Rose Cannaday Irving City Council Councilwoman Present
Roy Santoscoy Irving City Council Councilman Present
Mike Gallaway Irving City Council Councilman Present
Dennis Webb Irving City Council Councilman Present
DISCUSSION TOPIC
1 Entertainment Venue-Financial Review Discussion
Mayor Van Duyne opened the floor to Council to ask them what they would like to
discuss:
Noe Hinojosa and Jorge Garza, Estrada Hinojosa representatives, addressed
questions on their perspective of how the bond funding has changed. Mr. Hinojosa
stated that due to the magnitude of the debt and other issues outside the Citys control,
there is a risk of a negative impact to the Citys financing credit rating. The credit
markets today are very stringent and investors have to be ready to make stable
investments. At the time the initial recommendation was made regarding financing, the
market was more stable. The financing can be done; it is a matter of if the council
wants to take the changes to investors.
He noted that the city is going to have to determine what they are willing to put up for
financing, what a private investor is willing to put up, the scale of the project and the
risk all parties are willing to take. Also up for consideration is whether the city risks the
ICVB and Arts 7% Hotel Occupancy Tax (HOT). If these taxes are put up to fund a
project it essentially risks the programming of the ICVB and Arts Center.
Mayor Van Duyne noted her concern with pledging funds allocated to other programs
that may suffer if the entertainment venue needs that additional funding.
Council discussed the importance of reducing the Citys risk.
Bill Beuck, Director of the Las Colinas Group, addressed the Council. He stated that
Charles Cotten is acting as the developer for the Las Colinas Group. Their intention is
to create a sustainable project that compliments the Convention Center, creates a
regional draw that includes music and is a well rounded project overall.
Charles Cotten, CSE Real Estate, noted that the books cannot be made available to
the public due to competitors. Once their books are open then everyone can review
3
Packet Pg. 35
M
i
n
u
t
e
s

A
c
c
e
p
t
a
n
c
e
:

M
i
n
u
t
e
s

o
f

J
u
l

2
9
,

2
0
1
1

1
:
0
0

P
M

(
C
O
N
S
E
N
T

A
G
E
N
D
A
)
City Council Work Session
July 29, 2011
2
them, which puts them at an economic disadvantage. The Beck Group reviewed every
draw submitted to them for payments. Everyone that has worked on this project was
paid in accordance with the draw submittals. And a final set of plans was provided for
what Beck suggested was less than industry norms. The auditor had full access to
Las Colinas Groups offices, staff and books.
David Hanlon, CEO of Las Colinas Group, spoke and said he has been involved in
entertainment projects for years. He described the scope of services done by various
contractors and consultants questioned by the Council.
Councilman Santoscoy asked if the City is only able to fund $50 million, will Las
Colinas Group be able to fund the rest.
Aaron Sherman, Development and Construction Team, Las Colinas Group, confirmed
that there are a number of people interested in investing that were not available before
so talks are still ongoing and LCG is prepared to move forward.
Councilman Philipp noted that the economic conditions have changed regarding the
amount of money the city can raise and would like the city to give official notice to the
Las Colinas Group of the funding available per the current development agreement.
The council needs to discuss a resolution giving Las Colinas Group notice.
Mayor Van Duyne clarified that notice was given to the Beck Group in May 2010 of the
city funding capacity of $88 million, and asked if the Las Colinas Group discussed
funding over $50 million.
Mr. Cotten clarified that the Las Colinas Group has been looking at a $90 million equity
funding plan.
Karen Brophy, Senior City Attorney, clarified that the development agreement funding
timelines are based on receiving a non-appealable final judgment.
Councilwoman Cannaday noted the importance of creating a destination site in Irving.
Chris Janning, Vice President of First Southwest, suggested the city ask PKF and
Innovation Group to do a new projection study before notifying Las Colinas Group of
the citys funding obligation.
Mr. Cotten clarified that the Las Colinas Group team has been working to make up the
difference of the $40 million shortfall due to the state mixed beverage tax and is now
looking for ways to raise an additional $55 million based on First Southwests
projections for the citys financing.
Ms. Brophy clarified the development agreement states that if a final judgment is made
by the end of the year, notification will be sent to Las Colinas Group and they have 60
days to commit a loan agreement.
The Council agreed to work with Las Colinas Group based on the agreement the City
3
Packet Pg. 36
M
i
n
u
t
e
s

A
c
c
e
p
t
a
n
c
e
:

M
i
n
u
t
e
s

o
f

J
u
l

2
9
,

2
0
1
1

1
:
0
0

P
M

(
C
O
N
S
E
N
T

A
G
E
N
D
A
)
July 29, 2011
3
has in place with them, which lasts until to the end of the year.
Mayor Van Duyne asked to look at the resumes and work product for the consultants
used for predevelopment.
Paul Gooch, Community Services Director, confirmed that any additional
documentation requested by the Council from Las Colinas Group be delivered to staff
within seven days and distributed to all of council.
Mayor Van Duyne asked for a plan from the Las Colinas Group to fund $170 million by
the end of the year.
Council recessed at approximately 4:05 p.m.
Council reconvened at approximately 4:15 p.m.
Mr. Gooch gave an overview of the development agreement and history of the
entertainment venue project. He noted that the design phase is complete. December
2006, the city committed $60 million; July 24, 2008, the agreement changed the
commitment to $120 million; May 28, 2010, the City was notified of its capacity of $88
million and in August 2010, the commitment was increased to $200 million. He
confirmed that no final financial structure has been approved. Mr. Gooch noted that the
project scope and design changes throughout the years reached $22 million in design
costs. Standard & Poors has not given a bond rating on the project based on lack of
information.
Council discussed a possible new financing structure that would allow the city to
finance the citys portion based only on the 2% HOT which would limit the citys risk
and increase the developers reward.
Council asked for a resolution regarding engaging PKF and Innovation Group for
updated revenue studies.
3
Packet Pg. 37
M
i
n
u
t
e
s

A
c
c
e
p
t
a
n
c
e
:

M
i
n
u
t
e
s

o
f

J
u
l

2
9
,

2
0
1
1

1
:
0
0

P
M

(
C
O
N
S
E
N
T

A
G
E
N
D
A
)
July 29, 2011
4
EXECUTIVE SESSION
Council did not meet in Executive Session at this meeting.
Council adjourned at approximately 5:15 p.m.
___________________________
Beth Van Duyne, Mayor
ATTEST:
______________________
Shanae Jennings, TRMC
City Secretary
3
Packet Pg. 38
M
i
n
u
t
e
s

A
c
c
e
p
t
a
n
c
e
:

M
i
n
u
t
e
s

o
f

J
u
l

2
9
,

2
0
1
1

1
:
0
0

P
M

(
C
O
N
S
E
N
T

A
G
E
N
D
A
)
SPECIAL MEETING OF THE IRVING CITY COUNCIL
FINAL MEETING MINUTES
August 3, 2011
The Irving City Council met in special session in the Council Conference Room of the City Hall
Complex on August 3, 2011 at approximately 12:05 p.m. The following members were
present / absent:
Mike Gallaway Irving City Council Councilman Absent
DISCUSSION TOPIC
1 Follow up to Strategic Planning Session No. 1
Staff distributed a handout in regard to the Strategic Planning Retreat and the Mayor
asked for input.
Place 1, Councilman Mike Gallaway was absent.
Place 2, Councilman Roy Santoscoy, provided the following comments:
Councilman Santoscoy thanked the staff that coordinated bus stops along the Irving
Blvd. corridor and suggested continuing corridor improvements along the entrances
from Grand Prairie/Coppell into Irving.
He asked that Council receive quarterly reports on Council Committee updates for the
members that cant make all committee meetings regularly. This could be included in
their mail.
Place 3, Councilman Dennis Webb, provided the following comments:
No comments were provided by Councilman Webb.
Place 4, Councilman Lewis Patrick, provided the following comments:
Councilman Patrick questioned the Ethics policy created by the State and the one
created by the City and would like to review the Citys policy.
Place 5, Councilwoman Rose Cannaday, provided the following comments:
Councilwoman Cannaday asked if there is a way we can bring familiarity to community
policing by allowing the communities to get to know their beat officers.
4
Packet Pg. 39
M
i
n
u
t
e
s

A
c
c
e
p
t
a
n
c
e
:

M
i
n
u
t
e
s

o
f

A
u
g

3
,

2
0
1
1

1
2
:
0
0

P
M

(
C
O
N
S
E
N
T

A
G
E
N
D
A
)
City Council Special Meeting
August 3, 2011
2
Place 6, Councilman Rick Stopfer, provided the following comments:
He would like to bring the TOD planning regulations before the P&D committee and get
their thoughts on the regulations.
Place 7, Councilman Gerald Farris, provided the following comments:
Councilman Farris suggested providing an overview of the committees mission
statements in September or October. He would like to revisit ad hoc committees, the
resolutions that create them and tighten up timelines for the beginning of those
committees, the end of those committees and their purposes. He noted that a couple of
committees need to have vacancies filled and those are the Health Board and Planning
and Zoning. One change this year in the selection process will be the interview process
to ensure that Council is given a chance to meet candidates and candidates are
provided a fair chance for appointment. The number of committees that people serve
on was also discussed. He asked that staff bring back mission statements for boards
and commissions the second meeting in September.
Place 8, Joe Philipp, provided the following comments:
Councilman Philipp suggested staff be much more specific with the Strategic Plan.
He would like to bring airport property back into discussions.
He proposed that DCURD present at the budget retreat or council work session in the
future in order to get an update on their economic status.
He requested operation plans, target plans and timelines for the Heritage Crossing
project.
Regarding the Ethics policy, he suggested reviewing the NLC and TML best practices
for a workable Ethics policy and ensure the Citys covers conflict of interests with
developers, council members, etc.
4
Packet Pg. 40
M
i
n
u
t
e
s

A
c
c
e
p
t
a
n
c
e
:

M
i
n
u
t
e
s

o
f

A
u
g

3
,

2
0
1
1

1
2
:
0
0

P
M

(
C
O
N
S
E
N
T

A
G
E
N
D
A
)
City Council Special Meeting
August 3, 2011
3
Mayor Van Duyne suspended the meeting at 1:07 p.m. on item 15 so staff could go into
work session. Additional discussion items will be brought back for review at a later
time, possibly following the work session.
EXECUTIVE SESSION
The Council did not convene in Executive Session at this meeting.
___________________________
ATTEST:
______________________
City Secretary
4
Packet Pg. 41
M
i
n
u
t
e
s

A
c
c
e
p
t
a
n
c
e
:

M
i
n
u
t
e
s

o
f

A
u
g

3
,

2
0
1
1

1
2
:
0
0

P
M

(
C
O
N
S
E
N
T

A
G
E
N
D
A
)
MEETING MINUTES
August 3, 2011
The Irving City Council met in work session August 3, 2011 at approximately 1:07 p.m. The
DISCUSSION TOPIC
1 Review of Regular Agenda
CONSENT AGENDA
5 Resolution -- Approving an Economic Incentive Agreement Between the City of
Irving, Texas and Aviall Services, Inc. on BPP Eligible Property
6 Resolution -- Approving an Economic Incentive Agreement Between the City of
Irving, Texas and Aviall Services, Inc. on Freeport Eligible Property
Max Duplant, Chief Financial Officer, described the proposed incentive
agreements with Aviall Services, Inc., related to items 5 and 6.
Council discussed the importance of reviewing the land use around the DFW
Airport and the tax-sharing agreements with the City of Dallas and Fort Worth to
be discussed at a future Planning & Development Committee.
7 Resolution -- Approving an Engineering Services Agreement Between the City
of Irving and Lockwood, Andrews & Newnam, Inc., for the Design of the Upper
Delaware Creek Wastewater Basin Improvements Project and Miscellaneous
Water and Wastewater Main Replacements
8 Resolution -- Approving an Engineering Services Agreement Between the City
of Irving and Freese and Nichols, Inc., for the Design of the Water Meter Vault
Reconstruction, Section IV Project and Miscellaneous Water and Wastewater
Main Replacements
9 Resolution -- Awarding a Contract to SYB Construction Company, Inc., for the
Nursery-Railroad Basin Wastewater and Water Main Improvements Project,
Contract A
5
Packet Pg. 42
M
i
n
u
t
e
s

A
c
c
e
p
t
a
n
c
e
:

M
i
n
u
t
e
s

o
f

A
u
g

3
,

2
0
1
1

1
:
0
0

P
M

(
C
O
N
S
E
N
T

A
G
E
N
D
A
)
August 3, 2011
2
Casey Tate, Capital Improvement Program Director, stated that design services
average 10% of the project costs and described the projects for items 7, 8, and
9.
10 Resolution -- Annulling a Contract with Ratliff Hardscape and Awarding a
Contract to Northstar Construction, Inc., for the MacArthur Corridor
Infrastructure Improvements - Screening Fence from Markwood Park to Sixth
Street
Casey Tate, Capital Improvement Program Director described the change in
contractor for this project, noting that the fence will be on the common property
line that will be maintained by the City.
12 Resolution -- Approving and Accepting the Bid of M.K. Painting, Inc., for the
Rehabilitation of Tank No., 4 at the Hackberry Pump Station
Todd Reck, Water Utilities Director, described the design process of Deltek and
the painting project.
14 Resolution -- Approving Purchase from Waukesha-Pearce Industries, Inc., for a
Second Standby/Emergency Generator for the Criminal Justice Center through
the Houston-Galveston Area Council of Governments (H-GAC) Interlocal
Cooperative Purchasing Program
Larry Boyd, Police Chief, confirmed that this additional generator will provide the
entire building with back-up power.
15 Resolution -- Approving and Accepting the Bid of Commercial Metals Company
for an Annual Contract for the Sale by the City of Scrap Metal and White Goods
for Recycling
Councilman Santoscoy noted his concern with recyclers not reporting sellers.
Ramiro Lopez, Public Works Directors, confirmed that Commercial Metals
Company is reputable.
18 Ordinance -- First Reading -- Approving a Negotiated Settlement with Atmos
Energy
Jon Bazan, Government and External Affairs Officer, described the Atmos
Energy settlement process.
5
Packet Pg. 43
M
i
n
u
t
e
s

A
c
c
e
p
t
a
n
c
e
:

M
i
n
u
t
e
s

o
f

A
u
g

3
,

2
0
1
1

1
:
0
0

P
M

(
C
O
N
S
E
N
T

A
G
E
N
D
A
)
August 3, 2011
3
19 Resolution -- Regarding Continued Litigation in Ex Parte City of Irving, Texas
Councilman Gallaway questioned the legal costs to move forward to the Texas
Supreme Court.
Charles Anderson, City Attorney, confirmed that legal costs are estimated to be
$160,000 from the Brimer fund.
Council and staff discussed the litigation process. Mr. Anderson stated staffs
recommendation to move forward with the appeal.
Councilman Santoscoy noted the importance of updated HOT projections and
the Citys contribution based on both, with and without the state mixed beverage
tax.
Council discussed the Citys participation in funding the Entertainment Venue
project.
20 Resolution -- Authorizing the City Manager to Initiate a Request for
Qualifications to Procure Services of Qualified Professionals to Perform a
Review of the Predevelopment Reimbursements Under the Entertainment
Center Development Agreement
Council and staff discussed the merits of an audit, as well as the definition of an
audit.
Council discussed the draft wording of the Request for Qualifications (RFQ).
Max Duplant, Chief Financial Officer, stated that a CPA has recognized
guidelines it would follow during an audit versus a consultants review. She
noted that under the rules of the American Institute of CPAs the reviewer would
not be considered independent if receiving contingency fees.
Ms. Duplant also described the Smith report which was based on an
independent engagement of agreed upon procedures.
Mayor Van Duyne questioned the legal requirements between the City and the
Las Colinas Group.
Charles Anderson, City Attorney, clarified the difference between a Partnership
and the current agreement engaged with Las Colinas Group.
Council and staff discussed the scope of the Smith report, results determined by
the Brimer bill and the Comprehensive Development Agreement with the Las
Colinas Group.
5
Packet Pg. 44
M
i
n
u
t
e
s

A
c
c
e
p
t
a
n
c
e
:

M
i
n
u
t
e
s

o
f

A
u
g

3
,

2
0
1
1

1
:
0
0

P
M

(
C
O
N
S
E
N
T

A
G
E
N
D
A
)
August 3, 2011
4
21 Resolution -- Approving Special Sign Permit S1106-0072 to Allow Two (2)
Fifteen Ft. Tall Monument Signs with Digital Displays - Property Located at 500
Las Colinas Boulevard - Artografx, Incorporated, Applicant - City of Irving
Convention Center, Owner
Ken Bloom, Chief Planner, presented the applicants request for additional
signage at the Convention Center. Staff recommends approval of this item.
22 Resolution -- Approving Preliminary/Final Plat PL11-0023 - The Lakes of Las
Colinas, Phase 2A - Approximately 26 Acres Located on the West Side of
Riverside Drive, North of Northwest Highway - Jacobs, Surveyor - Hines Las
Colinas Land, LP, Owner
Ken Bloom, Chief Planner, presented the applicants request. Staff recommends
approval of this item.
23 Ordinance -- Zoning Case #ZC11-0028 - Granting S-P-2 (Generalized Site Plan)
for R-6 (Single Family) Uses - Approximately 0.37 Acres Located at 917 Sunset
Drive - A Plus Unlimited, Applicant - Michael G. Miller, Owner
approval of this item per the recommendation of the Planning and Zoning
Commission.
for R-7.5 (Single Family) Uses - Approximately 0.2 Acres Located at 1208
Mayleaf Drive - Mr. Quality Remodeling, Applicant - Cynthia Longmuir, Owner
approval of this item per the recommendation of the Planning and Zoning
Commission.
for R-7.5 (Single Family) Uses - Approximately 0.93 Acres Located at 1935
Williams Road - Celia Velazquez, Applicant - Maria Isidra Ramirez, Owner
approval of this item.
26 Ordinance -- Zoning Case #ZC11-0032 - Granting S-P-1 (Detailed Site Plan) for
C-N (Neighborhood Commercial) and Outside Dining Uses - Approximately 1.0
Acre Located at 10025 North MacArthur Boulevard - Pete Rahimi, Applicant -
Ali Hemani Corporation, Owner
Ken Bloom, Chief Planner, noted that this case needs to be postponed to the
5
Packet Pg. 45
M
i
n
u
t
e
s

A
c
c
e
p
t
a
n
c
e
:

M
i
n
u
t
e
s

o
f

A
u
g

3
,

2
0
1
1

1
:
0
0

P
M

(
C
O
N
S
E
N
T

A
G
E
N
D
A
)
August 3, 2011
5
September 1, 2011.
27 Ordinance -- Zoning Case #ZC11-0033 - Granting S-P-1 (Detailed Site Plan) for
Restaurant and Signs Uses - Approximately 0.8140 Acres Located at 200 West
Irving Boulevard - Fire Brand Properties, Applicant/Owner
approval of this item with the stipulation that the landscape wall sign not be
internally illuminated.
28 Resolution -- Selection of Mayor Pro Tem and Deputy Mayor Pro Tem by the
City Council
Mayor Van Duyne noted that this item will be postponed.
ADDENDUM
(added 7/29/11 at 5:15 p.m.)
30 Resolution - Authorizing First Southwest to engage Innovation Group and PKF
to provide current projections relative to the Entertainment Venue and Hotel
Occupancy Tax Revenues
Council discussed the importance of receiving updated projections for the
project.
2 Update Regarding Impact of SB100
Shanae Jennings, City Secretary, gave an overview of the Citys options due to
SB100s impact on local May elections on even-numbered years. She noted that Dallas
County Elections has agreed to conduct city elections for the local entities with the
following stipulations: deadlines must be adhered to; costs will increase due to
increased staffing and equipment needs; only Dallas County early voting sites will be
used, which excludes the Arts Center from use on even numbered years.
Council agreed to continue contracting with Dallas County for the May 12, 2012
elections.
5
Packet Pg. 46
M
i
n
u
t
e
s

A
c
c
e
p
t
a
n
c
e
:

M
i
n
u
t
e
s

o
f

A
u
g

3
,

2
0
1
1

1
:
0
0

P
M

(
C
O
N
S
E
N
T

A
G
E
N
D
A
)
August 3, 2011
6
3 Irving City Council Redistricting
Charles Anderson, City Attorney, noted that a Work Session meeting is scheduled for
Thursday, August 4, 2011 at 5:30 p.m. so Council may receive more information from
Bob Heath, redistricting counsel for the city.
EXECUTIVE SESSION
Council convened into executive session pursuant to Section 551.071 of the Texas Local
Government Code at approximately 4:50 p.m.
4 Legal Advice - Shin Ho Sam Kim D/B/A Texas Lunch Box v. City of Irving and City of
Irving Building and Standards Commission
Texas Open Meetings Act 551.071
5 Legal Advice Demolitions Resulting from Building and Standards Orders; City of
Dallas v. Heather Stewart
Texas Open Meetings Act 551.071
___________________________
ATTEST:
______________________
City Secretary
5
Packet Pg. 47
M
i
n
u
t
e
s

A
c
c
e
p
t
a
n
c
e
:

M
i
n
u
t
e
s

o
f

A
u
g

3
,

2
0
1
1

1
:
0
0

P
M

(
C
O
N
S
E
N
T

A
G
E
N
D
A
)
MEETING MINUTES
August 4, 2011
The Irving City Council met in work session August 4, 2011 at approximately 5:55 p.m. The
Beth Van Duyne Irving City Council Mayor Absent
DISCUSSION TOPIC
Mayor Pro Tem Cannaday called the meeting to order at 5:55 p.m.
1 Irving Council Redistricting
Bob Heath, redistricting counsel with Bickerstaff Heath Delgado Acosta LLP, presented
analysis of the 2010 Census data to the Council. His described the initial assessment
of population data, legal requirements for redistricting based on total population and
voting-age population, and the Department of Justices role in approval of new district
lines. He noted the importance of Council adopting redistricting criteria and standards
to be used to evaluate proposed maps. Mr. Heath also reviewed maps of Irvings racial
statistics.
EXECUTIVE SESSION
Council did not convene into Executive Session at this meeting.
___________________________
ATTEST:
______________________
City Secretary
6
Packet Pg. 48
M
i
n
u
t
e
s

A
c
c
e
p
t
a
n
c
e
:

M
i
n
u
t
e
s

o
f

A
u
g

4
,

2
0
1
1

5
:
3
0

P
M

(
C
O
N
S
E
N
T

A
G
E
N
D
A
)
REGULAR MEETING OF THE IRVING CITY COUNCIL
MEETING MINUTES
August 4, 2011
The City Council met in regular session in the Council Chambers of the City Hall
Complex on Thursday, August 4, 2011 at 7:10 p.m. The following members were
present / absent:
ORGANIZATIONAL SERVICE ANNOUNCEMENTS
INVOCATION
The invocation was delivered by Deacon Paul Thomas of St. Mary's Anglican Church of
the City Of Irving, Texas.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was given by Councilman Lewis Patrick.
PROCLAMATIONS AND ANNOUNCEMENTS
Mayor Van Duyne presented Rachel Moon with a proclamation acknowledging Bob
Moon and his dedication to the City of Irving before he passed away in May 2011.
.
7
Packet Pg. 49
M
i
n
u
t
e
s

A
c
c
e
p
t
a
n
c
e
:

M
i
n
u
t
e
s

o
f

A
u
g

4
,

2
0
1
1

7
:
0
0

P
M

(
C
O
N
S
E
N
T

A
G
E
N
D
A
)
City Council Meeting
August 04, 2011
2
CITIZENS FORUM
Elvia Wallace-Martinez, 500 N OConnor, Irving, TX - Ms. Martinez spoke on the various
classes and events offered by DCET. She thanked the Mayor and City Council for their
support throughout the years.
Barry Fleeman, 1028 E. Union Bower Rd, Irving, TX - Mr. Fleeman spoke regarding
new construction of a church on 834 N. Nursery, which is located directly behind his
residence. Mr. Fleeman opposes the building of this structure close to residential
property.
Oscar Ward, 608 Farine Dr, Irving, TX - Mr. Ward ask that a city ethics policy be
implemented and campaign contributions as well as who they came from are
addressed.
Jack Spurlock, 1516 W. Pioneer, Irving, TX - Mr. Spurlock elected not to speak.
Anthony Bond, 4109 W. Northgate #821, Irving, TX - Mr. Bond spoke about the image
of the City of Irving. He would like to see the council members work together and
maintain a positive image of Irving.
Margaret Ann Lopez, 3820 Cheyenne St, Irving, TX - Ms. Lopez elected not to speak.
James Baker, 2724 Lake Gardens, Irving, TX - Mr. Baker elected not to speak.
T.J. Franklin, 404 Clark Street, Irving, TX - Mr. Franklin spoke about improving the
roads in his neighborhood.
Carole Shlipak, 1500 Colony Drive, Irving, TX - Ms. Shlipak thanked ICTN for the
services they provide with Video on Demand, a feature on the web site that allows
residents to watch council meetings on-line.
Nancy Wilson, 2911 Bryn Maur, Irving, TX - Ms. Wilson made a second request for an
ordinance that will address vegetation overgrowth from one residence into another. She
also asked about the construction projects on OConnor Road.
Lucia Rottenberg, 2220 Indian Creek, Irving, TX - Ms. Rottenberg spoke regarding
residents having the option to use greywater. She would like new construction
guidelines to include plumbing for greywater usage.
Jill Martinez, 1000 Lake Carolyn #4216, Irving, TX - Ms. Martinez spoke about poor
conduct of some of the residents at the Town Hall meetings.
Robert Martinez, 1000 Lake Carolyn #4216, Irving, TX - Mr. Martinez elected not to
speak.
7
Packet Pg. 50
M
i
n
u
t
e
s

A
c
c
e
p
t
a
n
c
e
:

M
i
n
u
t
e
s

o
f

A
u
g

4
,

2
0
1
1

7
:
0
0

P
M

(
C
O
N
S
E
N
T

A
G
E
N
D
A
)
August 04, 2011
3
Joe Mapes, P.O. Box 141864, Irving, TX - Mr. Mapes requested a public meeting with
the Budget Guy to allow for questions regarding the budget and for an opportunity to
email council members during the budget retreat.
David Bennett, 3575 N. Belt Line #100, Irving, TX - Mr. Bennett spoke regarding the
benefits of Tango and Ballroom dancing for children. He thanked the Parks Department
for including the dance programs at the Irving recreation centers.
Roland Medina, 1600 N. MacArthur, Irving, TX - Mr. Medina spoke regarding economic
development and his concerns that the City of Irving will become a city of missed
opportunities.
Gabriel Bach, North Lake College, Irving, TX - Mr. Bach thanked the council members
and city staff who have shared their professional and personal experiences with his
students at North Lake College. He hopes the city will continue to support his students.
CITY COUNCIL AGENDA
1 City Operations Update
The City Operations Update was postponed.
CONSENT AGENDA
Motioned by Councilwoman Cannaday, seconded by Councilman Patrick to approve consent
agenda items 2-18 and pull items 5 and 18 for individual consideration. It was noted that
Councilman Gallaway has abstained from voting on items 5 and 6 and has filed an Abstention
Affidavit with the City Secretarys Office.
Motion approved 9-0.
Item 5 and 6, Motion approved 8-0-1.
2. Motion To: Approving Strategic Planning Session Minutes for Friday, July 15,
2011
RESULT: ADOPTED [UNANIMOUS]
MOVER: Rose Cannaday, Councilwoman
SECONDER: Lewis Patrick, Councilman
AYES: Van Duyne, Patrick, Stopfer, Farris, Philipp, Cannaday, Santoscoy,
Gallaway, Webb
7
Packet Pg. 51
M
i
n
u
t
e
s

A
c
c
e
p
t
a
n
c
e
:

M
i
n
u
t
e
s

o
f

A
u
g

4
,

2
0
1
1

7
:
0
0

P
M

(
C
O
N
S
E
N
T

A
G
E
N
D
A
)
August 04, 2011
4
3 Approving Minutes for Wednesday, July 20, 2011
RESULT: ACCEPTED [UNANIMOUS]
Gallaway, Webb
4 Approving Minutes for Thursday, July 21, 2011
RESULT: ACCEPTED [UNANIMOUS]
Gallaway, Webb
5 Resolution No. RES-2011-180 -- Approving an Economic Incentive
Agreement Between the City of Irving, Texas and Aviall Services, Inc. on
BPP Eligible Property
The following individuals signed up to speak in support of this item:
Joe Mapes, P.O. Box 141564, Irving, TX
Councilman Gallaway removed himself from the dais during discussions.
Motioned by Councilman Patrick, seconded by Councilman Farris to approve a
resolution for an Economic Incentive Agreement Between the City of Irving,
Texas and Aviall Services, Inc. on BPP Eligible Property.
Motion approved 8-0-1.
Councilman Gallaway abstained.
7
Packet Pg. 52
M
i
n
u
t
e
s

A
c
c
e
p
t
a
n
c
e
:

M
i
n
u
t
e
s

o
f

A
u
g

4
,

2
0
1
1

7
:
0
0

P
M

(
C
O
N
S
E
N
T

A
G
E
N
D
A
)
August 04, 2011
5
RESULT: ADOPTED [8 TO 0]
MOVER: Lewis Patrick, Councilman
SECONDER: Gerald Farris, Councilman
Webb
ABSTAIN: Mike Gallaway
6 Resolution No. RES-2011-181 -- Approving an Economic Incentive
Agreement Between the City of Irving, Texas and Aviall Services, Inc. on
Freeport Eligible Property
Councilman Gallaway removed himself from the dais during discussions.
resolution for an Economic Incentive Agreement Between the City of Irving,
Texas and Aviall Services, Inc. on Freeport Eligible Property
.
Motion approved 8-0-1.
Councilman Gallaway abstained.
Webb
ABSTAIN: Mike Gallaway
7 Resolution No. RES-2011-182 -- Approving an Engineering Services
Agreement Between the City of Irving and Lockwood, Andrews & Newnam,
Inc., for the Design of the Upper Delaware Creek Wastewater Basin
Improvements Project and Miscellaneous Water and Wastewater Main
Replacements
7
Packet Pg. 53
M
i
n
u
t
e
s

A
c
c
e
p
t
a
n
c
e
:

M
i
n
u
t
e
s

o
f

A
u
g

4
,

2
0
1
1

7
:
0
0

P
M

(
C
O
N
S
E
N
T

A
G
E
N
D
A
)
August 04, 2011
6
Gallaway, Webb
8 Resolution No. RES-2011-183 -- Approving an Engineering Services
Agreement Between the City of Irving and Freese and Nichols, Inc., for the
Design of the Water Meter Vault Reconstruction, Section IV Project and
Miscellaneous Water and Wastewater Main Replacements
Gallaway, Webb
9 Resolution No. RES-2011-184 -- Awarding a Contract to SYB Construction
Company, Inc., for the Nursery-Railroad Basin Wastewater and Water Main
Improvements Project, Contract A
Gallaway, Webb
10 Resolution No. RES-2011-185 -- Annulling a Contract with Ratliff Hardscape
and Awarding a Contract to Northstar Construction, Inc., for the MacArthur
Corridor Infrastructure Improvements - Screening Fence from Markwood
Park to Sixth Street
7
Packet Pg. 54
M
i
n
u
t
e
s

A
c
c
e
p
t
a
n
c
e
:

M
i
n
u
t
e
s

o
f

A
u
g

4
,

2
0
1
1

7
:
0
0

P
M

(
C
O
N
S
E
N
T

A
G
E
N
D
A
)
August 04, 2011
7
Gallaway, Webb
11 Resolution No. RES-2011-186 -- Rejecting Bids for the
Durango/Rochelle/McClendon and 808 E. Irving Boulevard Water and
Wastewater Main Improvement Project
Gallaway, Webb
12 Resolution No. RES-2011-187 -- Approving and Accepting the Bid of M.K.
Painting, Inc., for the Rehabilitation of Tank No., 4 at the Hackberry Pump
Station
Gallaway, Webb
13 Resolution No. RES-2011-188 -- Approving a Mutual Cooperative Purchasing
Agreement Between the City of Irving and the City of San Marcos
Gallaway, Webb
7
Packet Pg. 55
M
i
n
u
t
e
s

A
c
c
e
p
t
a
n
c
e
:

M
i
n
u
t
e
s

o
f

A
u
g

4
,

2
0
1
1

7
:
0
0

P
M

(
C
O
N
S
E
N
T

A
G
E
N
D
A
)
August 04, 2011
8
14 Resolution No. RES-2011-189 -- Approving Purchase from Waukesha-Pearce
Industries, Inc., for a Second Standby/Emergency Generator for the
Criminal Justice Center through the Houston-Galveston Area Council of
Governments (H-GAC) Interlocal Cooperative Purchasing Program
Gallaway, Webb
15 Resolution No. RES-2011-190 -- Approving and Accepting the Bid of
Commercial Metals Company for an Annual Contract for the Sale by the
City of Scrap Metal and White Goods for Recycling
Gallaway, Webb
16 Resolution No. RES-2011-191 -- Renewal of an Annual Contract with K & L
Supply, Inc., to Provide Sewer Chemicals
Gallaway, Webb
17 Ordinance No. ORD-2011-9271 -- Amending Section 21-87.1 of Chapter 21 of
Adding a School Zone on the Westbound Frontage Road of SH114 at
Cistercian Road in the City of Irving
7
Packet Pg. 56
M
i
n
u
t
e
s

A
c
c
e
p
t
a
n
c
e
:

M
i
n
u
t
e
s

o
f

A
u
g

4
,

2
0
1
1

7
:
0
0

P
M

(
C
O
N
S
E
N
T

A
G
E
N
D
A
)
August 04, 2011
9
Gallaway, Webb
18 Ordinance No. ORD-2011-9272 -- First Reading -- Approving a Negotiated
Settlement with Atmos Energy
Motioned by Councilman Philipp, seconded by Councilman Stopfer to approve an
ordinance for the first reading of an approval for a negotiated settlement with
Atmos Energy.
RESULT: FIRST READING [UNANIMOUS]
Next: 9/1/2011 7:00 PM
MOVER: Joe Philipp, Councilman
SECONDER: Rick Stopfer, Councilman
Gallaway, Webb
19 Resolution No. RES-2011-192 -- Regarding Continued Litigation in Ex Parte
City of Irving, Texas
Bill Beuck, 3028 Selma, Farmers Branch, TX
Mark Reinhardt, 3409 Shorewood Court, Arlington, TX, Mr. Reinhardt elected not
to speak.
Nancy Wilson, 2911 Bryn Maur Dr., Irving, TX
Don Jensen, 3717 Hidalgo St, Irving, TX
JoAnn Goin, 3025 Luzon Rd, Irving, TX
James Widener III, 900 Turtle Lake Blvd., Irving, TX
Robert Martinez, 1000 Lake Carolyn Parkway, Irving, TX
Roland Medina, 1600 N. MacArthur Blvd, Irving, TX
7
Packet Pg. 57
M
i
n
u
t
e
s

A
c
c
e
p
t
a
n
c
e
:

M
i
n
u
t
e
s

o
f

A
u
g

4
,

2
0
1
1

7
:
0
0

P
M

(
C
O
N
S
E
N
T

A
G
E
N
D
A
)
August 04, 2011
10
Joyce Howard, 1401 Colony, Irving, TX
Emmanuel Lewis Jr., 1909 Anderson St., Irving, TX
Anthony Bond, 4109 W. Northgate #821, Irving, TX
The following individuals signed up to speak in opposition of this item:
Deborah Gallaway, 700 Bicker Ct., Irving, TX, Mrs. Gallaway spoke in favor of
Item 19 and in opposition of Item 20
Lucia Rottenberg, 2220 Indian Creek Drive, Irving, TX
Marvin Randle, 500 Farine, Irving, TX
Jack Spurlock, 1516 W. Pioneer, Irving, TX, Mr. Spurlock spoke in favor of this
item.
The following individuals signed up in support of this item but did not wish to
speak:
Rhonda Lifsey, 2600 Underwood Lane, Euless, TX
Margie Stipes, 1602 Upton Place, Irving, TX
Elise Mikus, 9223 Clover Valley Dr., Dallas, TX
Carole Shlipak, 1500 Colony Dr., Irving, TX
Michael Barns, 502 Handover Lane, Irving, TX
Luis Spinola, 4608 Windsor Ridge, Irving, TX
Lerendes Spinola, 4608 Windsor Ridge Dr., Irving, TX
Teresa Crow, 1103 Katelyn Ct, Irving, TX
Meredith Bolger, 2808 N. Britian, Irving, TX
Brennan Johnson, 3335 Ricci Lane, Irving, TX
Donna Bourgeois, 3608 Gentry Road, Irving, TX
Bob Bourgeois, 3608 Gentry Road, Irving, TX
Rosalie Jensen, 3717 Hidalgo St., Irving, TX
Terry Cassidy, Urban Towers, Irving, TX
Ed McCarty, 1604 Oak Meadow, Irving, TX
Clem Lear, 4643 OConnor Ct, Irving, TX
Jill Martinez, 1000 Lake Carolyn #4216, Irving, TX
Mark Kihlans, 4407 Lena Lane, Irving, TX
Allison Franz, 4407 Lena Lane, Irving, TX
Julia Kary, PO Box 631153, Irving, TX
Johnnie Pegues, 2504 Edinburgh, Irving, TX
Robert Stewart, 1311 Travis Circle N, Irving, TX
Rafael Caraballo, 317 S. OConnor, Irving, TX
Gail Jackson, 2001 Valley View Lane, Irving, TX
Wynona Winters, 222 W. Las Colinas Blvd, Irving, TX
Charles Cotton, 4956 N. OConnor, Irving, TX
Estelle Odell, 501 N. Durango Circle, Irving, TX
Fred Odell, 501 N. Durango Circle, Irving, TX
Ed Bowers, 800 Olde Towne Dr., Irving, TX
7
Packet Pg. 58
M
i
n
u
t
e
s

A
c
c
e
p
t
a
n
c
e
:

M
i
n
u
t
e
s

o
f

A
u
g

4
,

2
0
1
1

7
:
0
0

P
M

(
C
O
N
S
E
N
T

A
G
E
N
D
A
)
August 04, 2011
11
The following individuals signed up in opposition of this item but did not wish to
speak:
James Baker, 2724 Lake Gardens Dr, Irving, TX
Councilman Gallaway asked City Attorney Charles Anderson for specifics on
costs of litigation for this item.
Mayor Beth Van Duyne spoke regarding the obstacles and projected costs for
litigation as this case moves forward in the courts in addition to the probability of
an unfavorable ruling for the city.
Councilwoman Cannaday spoke regarding the various benefits other cities have
experienced from ongoing development and the need for Irving to move forward
with the entertainment venue.
Councilman Stopfer spoke regarding the two Brimer Elections noting that one
was for the Texas Stadium and the other was for the Entertainment Venue. He
added that if the courts rule in favor for the city, there is a possibility that the
money may be used toward the Convention Center Hotel.
Councilman Philipp spoke on his support of the Entertainment Venue and the
options the city has to revise the scope, costs and funding for this project. Based
on the merits of the case, he is in support to continue litigation.
Motioned by Councilman Patrick, seconded by Councilman Santoscoy to
approve Continued Litigation in Ex Parte City of Irving, Texas.
Mayor Beth Van Duyne voted in opposition of this motion.
SECONDER: Roy Santoscoy, Councilman
AYES:Patrick, Stopfer, Farris, Philipp, Cannaday, Santoscoy, Gallaway, Webb
NAYS: Beth Van Duyne
7
Packet Pg. 59
M
i
n
u
t
e
s

A
c
c
e
p
t
a
n
c
e
:

M
i
n
u
t
e
s

o
f

A
u
g

4
,

2
0
1
1

7
:
0
0

P
M

(
C
O
N
S
E
N
T

A
G
E
N
D
A
)
August 04, 2011
12
20 Resolution No. RES-2011-193 -- Authorizing the City Manager to Initiate a
Request for Qualifications to Procure Services of Qualified Professionals to
Perform a Review of the Predevelopment Reimbursements Under the
Entertainment Center Development Agreement
Julie Grant, 2026 Durham St., Irving, TX
Barbara Hull, 400 Lavida, Irving, TX
James Baker, 2724 Lake Gardens Dr., Irving, TX
Nancy Wilson, 2911 Bryn Maur, Irving, TX
Amy Stevenson, 1719 Bradford St, Irving, TX
Kensley Stewart, 3916 Tacoma St, Irving, TX
Donald Hamill, 1612 W. 8th Street, Irving, TX
Corlye Rinaldi, 1616 Camino Lago, Irving, TX
Theodore Cole, 1137 Anderson Ct., Irving, TX
Lucia Rottenberg, 2220 Indian Creek Dr., Irving, TX
Carol Carper, 1610 W. 6th, Irving, TX
JoAnn Goin, 3025 Luzon, Irving, TX
Don Wilson, 1410 Ronnie Dr., Irving, TX
Mary Chapin, 1013 N. Sleepy Hollow, TX - Ms. Chapin elected not to speak.
Robert Kecseg, 4416 Windsor Ridge Dr., Irving, TX
Rene Castilla, 442 W. Northgate, Irving, TX - Mr. Castilla spoke in opposition of
this item.
Elaine Blake, 812 Marsh, Irving, TX
Gary Underwood, 1705 Crockett Circle, Irving, TX - Mr. Underwood elected not
to speak.
JoAnn Goin, 3025 Luzon, Irving, TX - Ms. Goin elected not to speak.
Karen Jordan, 1519 Arcady Lane, Irving, TX - Ms. Jordan spoke in favor of this
item.
Anthony Bond, 4109 W. Northgate #821, Irving, TX
Billie Coburn, 2904 Warren Circle, Irving, TX - Mr. Coburn elected not to speak.
Bill Beuck, 3028 Selma, Farmers Branch, TX
Phil Smith, 1802 Puritan Dr, Irving, TX
Emmanuel Lewis Jr., 1909 Anderson St., Irving, TX - Mr. Lewis elected not to
speak.
Robert Martinez, 1000 Lake Carolyn Pkwy, Irving, TX
Roland Medina, 1600 N. MacArthur Blvd, Irving, TX - Mr. Medina elected not to
speak.
Carole Shlipak, 1500 Colony Dr, Irving, TX
Margaret Lopez, 3820 Cheyenne St. Irving, TX
7
Packet Pg. 60
M
i
n
u
t
e
s

A
c
c
e
p
t
a
n
c
e
:

M
i
n
u
t
e
s

o
f

A
u
g

4
,

2
0
1
1

7
:
0
0

P
M

(
C
O
N
S
E
N
T

A
G
E
N
D
A
)
August 04, 2011
13
Don Jensen, 3717 Hidalgo St., Irving, TX - Mr. Jensen elected not to speak.
Tim Widener III, 900 Turtle Lake Blvd., Irving, TX - Mr. Widener elected not to
speak.
Robert Stewart, 1311 Travis Circle N, Irving, TX - Mr. Stewart elected not to
speak.
speak:
Kaye Ward, 608 Farine Dr., Irving, TX
Anne Wedding, 1226 Ross Dr., Irving, TX
Jack Spurlock, 1516 W. Pioneer, Irving, TX
Lindsay Huey, 2351 Clearspring Dr. N., Irving, TX
Jan Killen, 901 Olde Towne, Irving, TX
Raleigh Mae Stevenson, 2421 Park Crest Ct., Irving, TX
Beca Deloach, 1205 Ichabod Ct., Irving, TX
Rosemary Raley, 1017 Sleepy Hollow Dr. N., Irving, TX
Jordan Bocher, 6194 Gwen Lane, Allenton, WI 53002
Taeler De Haes, 1700 W. 8th St., Irving, TX
Marilyn Wilson, 1410 Ronne, Irving, TX
Johnnie Pegues, 2504 Edinburgh St., Irving, TX
Paul Jordan, 1519 Arcady Lane, Irving, TX
The following individuals signed up in opposition of this item but did not wish to
speak:
Mark Reihards, 3409 Shorewood Ct, Arlington, TX
Estelle Odell, 501 N. Durango Circle, Irving, TX
Fred Odell, 501 N. Durango Circle, Irving, TX
Ed Bowers, 800 Olde Towne Dr., Irving, TX
Rhonda Lifsey, 2600 Underwood, Euless, TX
Elioe Mikus, 9223 Clover Valley, Dallas, TX
Michael Barns, 502 Hanover Lane, Irving, TX
Luis Spinola, 4608 Windsor Ridge, Irving, TX
Laurdes Spinola, 4608 Windsor Ridge, Irving, TX
Teresa Crow, 1103 Katelyn Ct. Irving, TX
Meredith Bolger, 2808 N. Britian, Irving, TX
Donna Bourgeois, 3608 Gentry Rd., Irving, TX
Bob Bourgeois, 3608 Gentry Rd., Irving, TX
Terry Cassidy, Urban Towers, Irving, TX
Ed McCarty, 1604 Oak Meadow, Irving, TX
Clem Lear, 4643 O'Connor Ct., Irving, TX
Jill Martinez, 1000 Lake Carolyn #4216, Irving, TX
Kirk Kilhgns, 4407 Lena Lane, Irving, TX
Allison Franz, 4407 Lena Lane, Irving, TX
Julia Kang, PO Box 631153, Irving, TX
7
Packet Pg. 61
M
i
n
u
t
e
s

A
c
c
e
p
t
a
n
c
e
:

M
i
n
u
t
e
s

o
f

A
u
g

4
,

2
0
1
1

7
:
0
0

P
M

(
C
O
N
S
E
N
T

A
G
E
N
D
A
)
August 04, 2011
14
Rafael Caraballo, 312 S. O'Connor Rd., Irving, TX
Gail Jackson, 2001 Valley View, Irving, TX
Wynona Winters, 222 E. Las Colinas Blvd., Suite 540, Irving, TX
Charles Cotton, 4856 N. O'Connor, Irving, TX
Councilman Webb spoke regarding the information he has gathered from
available resources, including feedback from city staff along with the documents
from Beck and the Las Colinas Group. He added that feedback from residents
have also assisted him in making decisions on agenda items.
Councilman Gallaway spoke regarding a recent conversation with Jim Smith, the
CPA who conducted the financial review of the pre-development costs. He
reviewed the series of questions he discussed with Mr. Smith and summarized
the information gathered.
Councilman Santoscoy spoke regarding the financial review and the feedback he
has received from residents. He believes that there is no evidence of fraud or
wrong doing from the Las Colinas Group and sees no cause for another financial
review. Councilman Santoscoy added that although the Las Colinas Group was
not obligated to participate with the financial review, they were cooperative.
Councilwoman Cannaday reviewed the city's options to revise the financing and
scope of the entertainment venue project. She spoke regarding the expenditures
submitted by LCG which may not be in line with city policies but they were legal.
Councilman Farris spoke regarding the RFQ referred to in this item, which does
not call for an audit at this time. However, an audit may be helpful in clearing up
questions and the city coming together on this issue.
Councilman Philipp spoke regarding the benefits of an audit and added that this
item is for an RFQ only. He believes that the right firm will be able to expand on
the existing financial review and do it in a timely manner.
Councilman Patrick spoke on the financial review that has been completed and
stated that he would not be in favor of approving another review.
Councilman Stopfer spoke on honoring the contracts approved by the City
Council and on the Beck Group doing a good job in overseeing the project.
Mayor Van Duyne spoke regarding her conversations with the Beck Group and
CPA James Smith on the scope of the financial review. Since the review was
under the guideline of the development agreement, Mr. Smith did not obtain
detailed information on the consultants and their expenditures. Mayor Van Duyne
added that a review would not slow down the project and would resolve any
unanswered questions.
7
Packet Pg. 62
M
i
n
u
t
e
s

A
c
c
e
p
t
a
n
c
e
:

M
i
n
u
t
e
s

o
f

A
u
g

4
,

2
0
1
1

7
:
0
0

P
M

(
C
O
N
S
E
N
T

A
G
E
N
D
A
)
August 04, 2011
15
Motioned by Councilman Farris, seconded by Councilman Philipp to approve
Authorizing the City Manager to Initiate a Request for Qualifications to Procure
Services of Qualified Professionals to Perform a Review of the Predevelopment
Reimbursements Under the Entertainment Center Development Agreement.
Motion denied 3-6.
Council members voting in favor of the motion include: Mayor Van Duyne,
Councilman Farris, Councilman Philipp
Council members voting in opposition to the motion include: Councilman
Gallaway, Councilman Santoscoy, Councilman Patrick, Councilman Webb,
Councilman Stopfer, Councilwoman Cannday.
RESULT: DENIED [3 TO 6]
MOVER: Gerald Farris, Councilman
SECONDER: Joe Philipp, Councilman
AYES: Beth Van Duyne, Gerald Farris, Joe Philipp
NAYS: Patrick, Stopfer, Cannaday, Santoscoy, Gallaway, Webb
21 Resolution No. RES-2011-194 -- Approving Special Sign Permit S1106-0072
to Allow Two (2) Fifteen Ft. Tall Monument Signs with Digital Displays -
Property Located at 500 Las Colinas Boulevard - Artografx, Incorporated,
Applicant - City of Irving Convention Center, Owner
speak:
Clem Lear, 4643 O'Connor Ct., Irving, TX
Mayor Van Duyne opened the public hearing at approximately 11:50 p.m.
No one elected to speak at tonights public hearing.
Mayor Van Duyne closed the public hearing at approximately 11:50 p.m.
Motioned by Councilman Patrick, seconded by Councilman Farris to approve
Special Sign Permit S1106-0072 to Allow Two (2) Fifteen Ft. Tall Monument
Signs with Digital Displays - Property Located at 500 Las Colinas Boulevard -
Artografx, Incorporated, Applicant - City of Irving Convention Center, Owner
7
Packet Pg. 63
M
i
n
u
t
e
s

A
c
c
e
p
t
a
n
c
e
:

M
i
n
u
t
e
s

o
f

A
u
g

4
,

2
0
1
1

7
:
0
0

P
M

(
C
O
N
S
E
N
T

A
G
E
N
D
A
)
August 04, 2011
16
Councilman Santoscoy was absent during this vote.
AYES: Van Duyne, Patrick, Stopfer, Farris, Philipp, Cannaday, Gallaway,
Webb
ABSENT: Roy Santoscoy
22 Resolution No. RES-2011-195 -- Approving Preliminary/Final Plat PL11-0023 -
The Lakes of Las Colinas, Phase 2A - Approximately 26 Acres Located on
the West Side of Riverside Drive, North of Northwest Highway - Jacobs,
Surveyor - Hines Las Colinas Land, LP, Owner
Danny Opitz, 6546 Barcelona, Irving, TX - Mr. Opitz elected not to speak.
Motioned by Councilman Gallaway, seconded by Councilman Stopfer to approve
Preliminary/Final Plat PL11-0023 - The Lakes of Las Colinas, Phase 2A -
Approximately 26 Acres Located on the West Side of Riverside Drive, North of
Northwest Highway - Jacobs, Surveyor - Hines Las Colinas Land, LP, Owner
MOVER: Mike Gallaway, Councilman
Gallaway, Webb
7
Packet Pg. 64
M
i
n
u
t
e
s

A
c
c
e
p
t
a
n
c
e
:

M
i
n
u
t
e
s

o
f

A
u
g

4
,

2
0
1
1

7
:
0
0

P
M

(
C
O
N
S
E
N
T

A
G
E
N
D
A
)
August 04, 2011
17
23 Ordinance No. ORD-2011-9273 -- Zoning Case #ZC11-0028 - Granting S-P-2
(Generalized Site Plan) for R-6 (Single Family) Uses - Approximately 0.37
Acres Located at 917 Sunset Drive - A Plus Unlimited, Applicant - Michael
G. Miller, Owner
Motioned by Councilwoman Cannaday, seconded by Councilman Patrick to
approve Zoning Case #ZC11-0028 - Granting S-P-2 (Generalized Site Plan) for
R-6 (Single Family) Uses - Approximately 0.37 Acres Located at 917 Sunset
Drive - A Plus Unlimited, Applicant - Michael G. Miller, Owner
Gallaway, Webb
(Generalized Site Plan) for R-7.5 (Single Family) Uses - Approximately 0.2
Acres Located at 1208 Mayleaf Drive - Mr. Quality Remodeling, Applicant -
Cynthia Longmuir, Owner
Motioned by Councilman Santoscoy, seconded by Councilman Farris to approve
Zoning Case #ZC11-0030 - Granting S-P-2 (Generalized Site Plan) for R-7.5
(Single Family) Uses - Approximately 0.2 Acres Located at 1208 Mayleaf Drive -
Mr. Quality Remodeling, Applicant - Cynthia Longmuir, Owner
7
Packet Pg. 65
M
i
n
u
t
e
s

A
c
c
e
p
t
a
n
c
e
:

M
i
n
u
t
e
s

o
f

A
u
g

4
,

2
0
1
1

7
:
0
0

P
M

(
C
O
N
S
E
N
T

A
G
E
N
D
A
)
August 04, 2011
18
MOVER: Roy Santoscoy, Councilman
Gallaway, Webb
(Generalized Site Plan) for R-7.5 (Single Family) Uses - Approximately 0.93
Acres Located at 1935 Williams Road - Celia Velazquez, Applicant - Maria
Isidra Ramirez, Owner
Motioned by Councilman Stopfer, seconded by Councilman Santoscoy to
approve Zoning Case #ZC11-0031 - Granting S-P-2 (Generalized Site Plan) for
R-7.5 (Single Family) Uses - Approximately 0.93 Acres Located at 1935 Williams
Road - Celia Velazquez, Applicant - Maria Isidra Ramirez, Owner
MOVER: Rick Stopfer, Councilman
SECONDER: Roy Santoscoy, Councilman
Gallaway, Webb
(Detailed Site Plan) for C-N (Neighborhood Commercial) and Outside Dining
Uses - Approximately 1.0 Acre Located at 10025 North MacArthur
Boulevard - Pete Rahimi, Applicant - Ali Hemani Corporation,
Owner(Postponed at the August 4, 2011 City Council Meeting)
Motioned by Councilman Patrick, seconded by Councilman Farris to postpone to
the September 1, 2011 Council meeting.
7
Packet Pg. 66
M
i
n
u
t
e
s

A
c
c
e
p
t
a
n
c
e
:

M
i
n
u
t
e
s

o
f

A
u
g

4
,

2
0
1
1

7
:
0
0

P
M

(
C
O
N
S
E
N
T

A
G
E
N
D
A
)
August 04, 2011
19
RESULT: POSTPONED [UNANIMOUS]
Next: 9/1/2011 7:00 PM
Gallaway, Webb
(Detailed Site Plan) for Restaurant and Signs Uses - Approximately 0.8140
Acres Located at 200 West Irving Boulevard - Fire Brand Properties,
Applicant/Owner
Motioned by Councilman Patrick, seconded by Councilwoman Cannaday to
approve Zoning Case #ZC11-0033 - Granting S-P-1 (Detailed Site Plan) for
Restaurant and Signs Uses - Approximately 0.8140 Acres Located at 200 West
Irving Boulevard - Fire Brand Properties, Applicant/Owner.
SECONDER: Rose Cannaday, Councilwoman
Gallaway, Webb
28 Resolution No. RES-2011-179 -- Selection of Mayor Pro Tem and Deputy
Mayor Pro Tem by the City Council
This item was postponed to the September 1, 2011 Council meeting.
.
7
Packet Pg. 67
M
i
n
u
t
e
s

A
c
c
e
p
t
a
n
c
e
:

M
i
n
u
t
e
s

o
f

A
u
g

4
,

2
0
1
1

7
:
0
0

P
M

(
C
O
N
S
E
N
T

A
G
E
N
D
A
)
August 04, 2011
20
29 Mayors Report
The Mayor had no report at tonights meeting.
30 Resolution No. RES-2011-196 -- Authorizing First Southwest Company to
Engage Innovation Group and PKF Consulting for Studies Related to the
Entertainment Venue
The following individuals signed up to speak in favor of this item:
Joe Mapes, PO Box 141564, Irving, TX
speak:
Roland Medina, 1600 N. MacArthur Blvd., Irving, TX
Robert Martinez, 1000 Lake Carolyn Pkwy, Irving, TX
Michael Barns, 502 Hanover Lane, Irving, TX
Johnnie Pegues, 2504 Edinburgh St., Irving, TX
Motioned by Councilman Santoscoy, seconded by Councilman Stopfer to
approve Authorizing First Southwest to engage Innovation Group and PKF to
provide current projections relative to the Entertainment Venue and Hotel
Occupancy Tax Revenues and share the study with LCG partners.
Gallaway, Webb
7
Packet Pg. 68
M
i
n
u
t
e
s

A
c
c
e
p
t
a
n
c
e
:

M
i
n
u
t
e
s

o
f

A
u
g

4
,

2
0
1
1

7
:
0
0

P
M

(
C
O
N
S
E
N
T

A
G
E
N
D
A
)
August 04, 2011
21
31 Adjournment
The meeting adjourned at approximately 11:59 p.m.
____________________________
ATTEST:
______________________
City Secretary
7
Packet Pg. 69
M
i
n
u
t
e
s

A
c
c
e
p
t
a
n
c
e
:

M
i
n
u
t
e
s

o
f

A
u
g

4
,

2
0
1
1

7
:
0
0

P
M

(
C
O
N
S
E
N
T

A
G
E
N
D
A
)
MEETING OF THE IRVING CITY COUNCIL
BUDGET RETREAT MEETING MINUTES
August 18, 2011
The Irving City Council met in special session in the Council Conference Room of the City Hall
Complex on August 18, 2011 at approximately 9:06 a.m. The following members were
present / absent:
Mayor Van Duyne called the meeting to order at 9:06 a.m.
Thursday, August 18
8:00 A. M. Breakfast
9:00 A. M. First Floor City Council Conference Room
A. Budget and Strategic Plan Overview And 2011-12 Outlook
City Manager Tommy Gonzalez presented the overview of the budget as
presented to the Mayor and Council in accordance with the Home Rule Charter.
His presentation included a two-year economic forecast and the national
recession impact on Irving revenues, noting that during recessions, use of city
services increases while city revenues decline. He described the budget
priorities and challenges.
B. FY 2010-11 Results - video
Bret Starr, Budget Administrator, introduced a video produced by ICTN that
highlights the Citys FY 2010-11 results.
C. Review Of All Fund Revenues and Expenditures For FY 2011-2012
Bret Starr, Budget Administrator, reviewed the proposed revenue and
expenditures projections for FY 2011-12. His presentation included a recession
comparison, budget priorities and community expectations. He gave an
overview of the major city funds, including the General Fund, Capital
Improvement Program, General Debt Service, Water and Sewer System Funds,
Municipal Drainage Utility Fund and Hotel Occupancy Tax Funds. Mr. Starr
stated staff recommends increasing the tax rate to $0.5958, which is still below
the effective tax rate of $0.5986.
Council and staff discussed the importance of looking at the HOT allocations to
the different city entities.
8
Packet Pg. 70
M
i
n
u
t
e
s

A
c
c
e
p
t
a
n
c
e
:

M
i
n
u
t
e
s

o
f

A
u
g

1
8
,

2
0
1
1

8
:
0
0

A
M

(
C
O
N
S
E
N
T

A
G
E
N
D
A
)
City Council Budget Retreat
August 18, 2011
2
D. Strategic Plan Initiatives
1. DISCUSSION: STRATEGIC GOAL #1 - Promote Excellence in Land
Use and the Image of Irvings Built and Natural Environment
Steve Reed, Planning Manager, presented Goal #1 results and future
plans.
Goals for this year focus on continued planned enhancements on
OConnor Road, MacArthur Boulevard, Irving Boulevard, and Northgate
Drive medians. The plan also includes developing a unified plan for the
Belt Line Corridor and implement SH 183 gateway markers while
continuing to strengthen development ordinances.
2. DISCUSSION: STRATEGIC GOAL #2- Nurture and Promote Vital,
Vibrant Neighborhoods
Chris Hooper, Housing & Human Services Director, presented Goal #2
results and future plans.
Goals for this year focus on effective code enforcement, expanding
community outreach, continue the neighborhood enhancement
program, provide affordable housing initiatives, and support programs
to combat poverty and homelessness. He described the needed and
wanted programs, noting a reduction in federal grant funding that will
affect the FY11-12 budget.
.
3. Review of Public Input
Bret Starr, Budget Administrator, presented Council with a list of
questions and comments submitted by citizens regarding the budget.
Council and staff reviewed the questions.
4. DISCUSSION: STRATEGIC GOAL #3 - Cultivate an Environment
Conducive to Strong, Successful Economic Development to Enhance
and Diversify Irvings Economic Base
Carter Holston and Doug Moulten, Chamber representatives, discussed
various economic development aspects of the city of Irving as well as
the positive impact and relationship between the City and the Chamber
of Commerce.
Max Duplant, Chief Financial Officer, presented Goal #3 results and
8
Packet Pg. 71
M
i
n
u
t
e
s

A
c
c
e
p
t
a
n
c
e
:

M
i
n
u
t
e
s

o
f

A
u
g

1
8
,

2
0
1
1

8
:
0
0

A
M

(
C
O
N
S
E
N
T

A
G
E
N
D
A
)
August 18, 2011
3
future plans.
Goals for this year focus on promoting positive business environments,
support small businesses, business retention and recruitment, grow
retail opportunities, maintain competitive incentive policies, revitalize/
redevelop target areas and promote Irving as a visitor destination.
Paul Gooch, Community Services Director, presented information on
Heritage Crossing and the Entertainment Venue. He noted that more
detailed presentations will be coming back to Council in September.
Council recessed for the day of August 18, 2011 at approximately 5:30 p.m.
Friday, August 19
8:00 A. M. Breakfast
Mayor Van Duyne reconvened at approximately 8:32 a.m. on Friday, August 19, 2011.
Bret Starr, Budget Administrator, discussed the public input questions
received so far.
5. DISCUSSION: STRATEGIC GOAL #4 - Set the Standard for a Safe
and Secure City
Larry Boyd, Police Chief, presented Goal #4 results and future plans,
noting a 13% reduction in crime year to date.
Goals for this year focus on developing and implementing tactics
focused on reducing crime, expanding outreach opportunities, providing
volunteer and educational opportunities and engaging in non-traditional
methods to address crime in targeted locations. Additional goals include
improve motor safety, increase operational efficiency, enhance animal
services, enforce municipal court orders, maximize workflow through
training and technology, implement initiatives to prevent fire and EMS
incidents and enhance delivery of effective emergency services.
Council and staff discussed the importance of adequate staffing and
overtime flexibility for public safety.
Council asked for additional information on EMS and dispatch
personnel to be brought back at a future date.
Mario Molina, Fire Chief, described accomplishments in the Fire
Department in the last four years.
Mayor Van Duyne asked that information on all incentive pay be
brought back to Council for review.
8
Packet Pg. 72
M
i
n
u
t
e
s

A
c
c
e
p
t
a
n
c
e
:

M
i
n
u
t
e
s

o
f

A
u
g

1
8
,

2
0
1
1

8
:
0
0

A
M

(
C
O
N
S
E
N
T

A
G
E
N
D
A
)
August 18, 2011
4
Council recessed at approximately 10:34 a.m.
Council reconvened at approximately 10:45 a.m.
6. DISCUSSION: STRATEGIC GOAL #5 - Promote and Support Diversity
in the Community
Mario Molina, Fire Chief presented Goal #5 results and future plans.
Goals for this year focus on expanding community knowledge and
increase participation in Minority- and Women-owned businesses.
7. DISCUSSION: STRATEGIC GOAL #6 - Promote Effective
Communication Among All Members of the Community
Susan Rose, Community Outreach Manager, presented Goal #6 results
and future plans.
Goals for this year focus on increasing promotion of ICTN
programming, implement PSAs for digital signage, enhance online
services and social networking opportunities. Strengthening media
relations and developing well informed neighborhood association
officers are also goals for the new year.
Council and staff discussed the multiple ways the city communicates
with the public and will continue to find additional communication
opportunities.
8. DISCUSSION: STRATEGIC GOAL #7 - Promote Excellence in Irvings
Cultural, Recreational and Educational Environments
Chris Michalski, Parks & Libraries Director, presented Goal #7 results
and future plans.
Goals for this year focus on optimizing innovative programs and expand
use of the Arts Center, develop library cultural service, expand libraries
and recreation partnerships, implement the urban forestry program,
implement the library master plan, expand programs for aging and
disabled persons, park and trail improvements and explore design
alternatives for development of a city historical museum. He noted staff
is looking at establishing library fees for non-resident patrons and
creating a tree farm.
Council and staff discussed bringing back a future plan of the city
facilities and infrastructure to a joint Planning & Development and Audit
Finance meeting in October.
Mayor Van Duyne suggested looking into new federal grant funds
8
Packet Pg. 73
M
i
n
u
t
e
s

A
c
c
e
p
t
a
n
c
e
:

M
i
n
u
t
e
s

o
f

A
u
g

1
8
,

2
0
1
1

8
:
0
0

A
M

(
C
O
N
S
E
N
T

A
G
E
N
D
A
)
August 18, 2011
5
available to provide dinners to school-aged children through the citys
after school program.
9. DISCUSSION: STRATEGIC GOAL #8 - Set the Standard for Sound
Governance, Fiscal Management, and Sustainability
Bradley Perrier, Strategic Services Director, presented Goal #8.
Goals for this year focus on customer service, partnerships with other
government entities, recruit and retain qualified workforce, provide
learning opportunities, performance excellence, protect fiscal
management, reduce organizational risks, develop and implement cost-
containment strategies, advance the Citys legislative interests,
enhance legal support and promote transparent open government.
10. Review of Public Input
No additional public input was reviewed at this time.
11. DISCUSSION: STRATEGIC GOAL #9 - Enhance and Sustain Irvings
Infrastructure Network
Brenda Haney, Solid Waste Services Director, presented Goal #9.
Goals for this year focus on water distribution, wastewater collection,
water supply, transportation, landfill use and development, capital
improvements, enhance the IT master plan and sustain the drainage
system.
a. CIP 5 Year Plan - Paul Gooch
Paul Gooch, Community Services Director, presented the Capital
Improvement Program five-year plan.
b. Water & Sewer Rate Discussion - Todd Reck
Todd Reck, Water Utilities Director, described the effectiveness of
the current water and sewer rates passed by Council last year and
evaluated an additional need for any further increases in rates.
8
Packet Pg. 74
M
i
n
u
t
e
s

A
c
c
e
p
t
a
n
c
e
:

M
i
n
u
t
e
s

o
f

A
u
g

1
8
,

2
0
1
1

8
:
0
0

A
M

(
C
O
N
S
E
N
T

A
G
E
N
D
A
)
August 18, 2011
6
c. DCURD Overview - Jackie Knox
Jackie Knox, DCURD General Manager, gave an overview of
activities of the TIF.
12. DISCUSSION: STRATEGIC GOAL #10 - Become a Successful,
Environmentally Sustainable Community
Karen Siddall, Drainage Program Coordinator, presented Goal #10.
Goals for this year focus on promoting energy efficiency, improve air
quality, promote water conservation, improve refuse collection and
recycling services, promote environmentally sustainable behavior, and
ensure compliance with environmental regulations.
E. Unfunded/Additional Items for Discussion
1. DISCUSSION: City Council Requests
Council discussed a letter submitted by Mr. Ralph Ellis and discussed the
certain items within the letter.
Mayor Van Duyne requested follow up on Interdepartmental funds,
development contracts, HOT tax options and opportunities, CDBG
opportunities.
2. DISCUSSION: Public Input Requests
Council and staff reviewed all the public input received.
F. Additional Presentations
1. Other presentations as requested
Maura Gast, ICVB Executive Director, described the convention center
budget and HOT funds.
Ike Obi, Employee Services Administrator, described the employee benefits
and incentive pay programs.
1 Resolution RES-2011-197 -- Expressing Intent to Consider Adopting the Proposed
Tax Rate
No action was necessary on this item.
RESULT: WITHDRAWN NO VOTE
8
Packet Pg. 75
M
i
n
u
t
e
s

A
c
c
e
p
t
a
n
c
e
:

M
i
n
u
t
e
s

o
f

A
u
g

1
8
,

2
0
1
1

8
:
0
0

A
M

(
C
O
N
S
E
N
T

A
G
E
N
D
A
)
August 18, 2011
7
2 Resolution RES-2011-198 -- Establishing Guidelines for Persons Submitting
Comments and Specific Redistricting Proposals; and Providing an Effective Date
Motioned by Councilman Santoscoy, seconded by Councilman Philipp to approve a
Resolution Establishing Guidelines for Persons Submitting Comments and Specific
Redistricting Proposals; and Providing an Effective Date.
Councilman Stopfer was absent during the vote.
SECONDER: Joe Philipp, Councilman
AYES: Van Duyne, Patrick, Farris, Philipp, Cannaday, Santoscoy, Gallaway,
Webb
ABSENT: Rick Stopfer
3 Resolution RES-2011-199 -- Adopting Criteria for Use in the Redistricting 2011
Process; and Providing an Effective Date
Resolution Adopting Criteria for Use in the Redistricting 2011 Process; and Providing
an Effective Date.
Councilman Stopfer was absent during the vote.
AYES: Van Duyne, Patrick, Farris, Philipp, Cannaday, Santoscoy, Gallaway,
Webb
ABSENT: Rick Stopfer
8
Packet Pg. 76
M
i
n
u
t
e
s

A
c
c
e
p
t
a
n
c
e
:

M
i
n
u
t
e
s

o
f

A
u
g

1
8
,

2
0
1
1

8
:
0
0

A
M

(
C
O
N
S
E
N
T

A
G
E
N
D
A
)
August 18, 2011
8
___________________________
ATTEST:
______________________
City Secretary
8
Packet Pg. 77
M
i
n
u
t
e
s

A
c
c
e
p
t
a
n
c
e
:

M
i
n
u
t
e
s

o
f

A
u
g

1
8
,

2
0
1
1

8
:
0
0

A
M

(
C
O
N
S
E
N
T

A
G
E
N
D
A
)
AGENDA ITEM SUMMARY
Recommending Department: Police LSR No: 12767
Resolution -- Designating the Mayor as the Authorized Official and
Authorizing the Mayor to Accept, Reject, Alter or Terminate a Victim
Coordinator and Liaison Grant (VCLG) through the Office of the Attorney
General to Continue Funding of the Irving Police Department's Victim
Coordinator Liaison Position for a One Year Period
2. Impact: The Crime Victim Liaison position provides services for victims of violent
crime to reduce the impact of the trauma.
3. The funding for this grant period is September 1, 2011, through August 31, 2012,
unless it is terminated earlier in accordance with another provision of the contract.
4. This grant provides partial funding in the amount of $42,000.00 for the Victim
Coordinator Liaison position with the city being responsible for a cash match in the
amount of $33,350.00.
5. Funding in the amount of $2,780.00 for the period of September 1, 2011, through
September 30, 2011, is available in the General Fund for Fiscal Year 2010-11 and
in the amount of $30,570.00 for the period of October 1, 2011, through August 31,
2012, subject to funds being appropriated in Fiscal Year 2011-12.
Recommendation
ADDITIONAL COMMENTS:
Contract Required: Yes Review Completed By: Jennifer Richie
Previous Action: Grant application 3/24/11 Council Action: Approved
ATTACHMENTS:
RES: 2011-12 Vclg Accept (PDF)
CURRENT YEAR FINANCIAL IMPACT:
1001-0441-85040-8500 Budget: $33,350.00 Actual: $33,350.00
Budget Adjustment/Transfer Required: No (If yes, please explain.)
Prepared: 8/16/2011 02:32 PM by Darlene Jenkins
Last Updated: 8/23/2011 01:10 PM by Darlene Jenkins
9
Packet Pg. 78
CITY OF IRVING
COUNCIL RESOLUTION NO. (ID # 4097)
WHEREAS, the City of Irving has applied to the Office of the Attorney General, (OAG) Crime
Victim Services Division for the Victim Coordinator and Liaison Grant (VCLG); and
WHEREAS, the City of Irving City Council has considered and supports the application filed
with the OAG; and
WHEREAS, the City of Irving wishes to designate Mayor Beth Van Duyne as the Authorized
Official who has been given the power to apply for, accept, reject, alter, or terminate that certain grant
with the OAG, Crime Victim Services Division as well as given the authority to sign all grant
adjustment requests, inventory reports, progress reports and financial reports or any other official
documents related to the grant on behalf of the grantee.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:
SECTION I. THAT the City Council hereby approves the designation of the Mayor as the
Authorized Official and accepts a Victim Coordinator and Liaison Grant (VCLG)
from the Office of the Attorney General, Crime Victim Services Division, in the
amount of $42,000.00, and the Mayor is authorized to execute any necessary
documentation.
SECTION II. THAT the funding period will be from September 1, 2011, through August 31, 2012,
with a City cash match of $33,350.00, subject to funds being appropriated in Fiscal
Year 2011-12.
SECTION III. THAT in the event of loss or misuse of VCLG funds, the City Council assures that
the funds will be returned to the Office of the Attorney General in full.
SECTION IV. THAT this expenditure shall be charged to Account No. 1001-0441-85040-8500.
SECTION V. THAT the City Council will not use the existence of a VCLG award to offset or
decrease total salaries, expenses, and allowances that the City receives at, or
after the time, the grant is awarded.
SECTION VI. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE.
__________________________________
Max S. Duplant, CPA
Chief Financial Officer
9
Packet Pg. 79
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on September 1, 2011.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
9
Packet Pg. 80
GRANT CONTRACT BETWEEN
THE OFFICE OF THE ATTORNEY GENERAL
AND
CITY OF IRVING POLICE DEPARTMENT
OAG Contract No. 1226638
This contract is executed between the Office of the Attorney General (OAG) and City of Irving
Police Department (GRANTEE) for certain grant funds. The Office of the Attorney General and
City of Irving Police Department may be referred to in this contract individually as Party or
collectively as Parties.
SECTION 1. PURPOSE OF THE CONTRACT
The purpose of the Victim Coordinator and Liaison Grant (VCLG) program is to fund the mandated
positions described in the Texas Code of Criminal Procedure, Article 56.04, specifically Victim
Assistance Coordinators (VAC) in prosecutor offices and Crime Victim Liaisons (CVL) in law
enforcement agencies. It is intended that the grants will be awarded through a competitive selection
and allocation process taking into consideration, among other criteria, the number of victims that
may be served by a program. The purpose of this grant contract is to provide reasonable contractual
controls to ensure that the public purposes of the grant are achieved. In addition to the duties
imposed in the Texas Code of Criminal Procedure, Article 56.04 (and more specifically described in
Article 56.02), VACs and CVLs are also expected to promote and educate the community and other
professionals about victim rights and services in an effort to identify crime victims and provide or
refer them to needed services. In general, and subject to the limitations of each specific grant
contract with each VCLG Grantee, VCLG grant contracts awarded must be used for victim-related
services or assistance.
SECTION 2 TERM OF THE CONTRACT
This contract shall begin on September 1, 2011 and shall terminate August 31, 2012, unless it is
terminated earlier in accordance with another provision of this contract. The OAG is not obligated
to reimburse expenses that were incurred prior to the commencement or after the termination ofthis
contract.
SECTION 3 GRANTEEs CONTRACTUAL SERVICES
3.1 GRANTEEs Compliance with the OVAG/VCLG FY 2012-2013 Grant Application Kit.
GRANTEE will comply with the terms and conditions as set forth and required in the OVAG/VCLG
FY 2012-2013 Grant Application Kit (Application Kit) if not supplemented, amended or adjusted
by the OAG, as acknowledged by GRANTEE.
VCLG Contract - FY 2012
Page 1 of 19
9
.
a
P
a
c
k
e
t

P
g
.

8
1
A t t a c h m e n t : R E S : 2 0 1 1 - 1 2 V c l g A c c e p t ( 4 0 9 7 : 0 4 V C L G A c c e p t )
3.2 Establishment of Final Project Budget, Targets, Outputs, Outcomes, and Special
Conditions. The OAG, at its sole discretion, establishes the initial Budget for this grant project, as
reflected on the attached Exhibit A. If any adjustments were made by the OAG to GRANTEEs
budget, those adjustments will be reflected on the attached Exhibit A. The final Narrative, as
submitted by GRANTEE, and as further modified by the OAG, is attached as Exhibit B. If any
Special Conditions were imposed by the OAG, those provisions will be reflected on the attached
Exhibit C.
The OAG, at its sole discretion, will establish the final project targets, outputs, and outcomes. In
addition, the OAG, at its sole discretion, may adjust GRANTEEs budget, targets, outputs,
outcomes, and/or any other items as deemed appropriate by the OAG, at any time, during the term of
this contract.
SECTION 4 GRANTEEs OBLIGATIONS AND REQUIRED REPORTS
4.1 General Matters
4.1.1 Required Reports; Form of Reports; Filings with the OAG. GRANTEE shall forward to
the OAG, the applicable reports on forms as specified by the OAG. GRANTEE shall establish
procedures to ensure that it files each document or form required by the OAG in an accurate and
timely manner. Unless filing dates are given herein, all other reports and other documents that
GRANTEE is required to forward to the OAG shall be promptly forwarded. From time to time, the
OAG may require additional information from GRANTEE.
4.1.2 Cooperation; Additional Information. GRANTEE shall cooperate fully with the OAG. In
addition to the information contained in the required reports, other information may be required as
requested by the OAG.
4.1.3 Notification of Changes in Organization, Changes in Authorized Official or Grant
Contact. GRANTEE shall submit within ten (10) business days notice to the OAG of any change of
the following: GRANTEEs name; contact information; key personnel, officer, director or partner;
organizational structure; legal standing; or authority to do business in Texas. GRANTEE shall promptly
notif\j the OAG, preferably in advance, of a change in address or main telephone number of
GRANTEE. A change in GRANTEEs name requires an amendment to the contract.
GRANTEE must submit a written request by the governing body on GRANTEEs letterhead, with
original signature, to change an Authorized Official. GRANTEE, by an email, fax or GRANTEE
letterhead signed by the Authorized Official, may request a change to the Grant Contact.
4.1.4 Standards for Financial and Programmatic Management. GRANTEE and its governing
body shall bear full and sole responsibility for the integrity of the fiscal and programmatic
management of the organization.
Such fiscal and programmatic management shall include accountability for all funds and materials
Page 2 of 19
9
.
a
P
a
c
k
e
t

P
g
.

8
2
received from the OAG; compliance with OAG rules, policies and procedures, and applicable
federal and state laws and regulations; and correction of fiscal and program deficiencies identified
through self-evaluation and/or the OAGs monitoring processes. Ignorance of any contract
provisions or other requirements referenced in this contract shall not constitute a defense or basis for
waiving or failing to comply with such provisions or requirements.
GRANTEE shall develop, implement, and niaintain financial management and control systems that
include appropriate financial planning, including the development of budgets that adequately reflect
all functions and resources necessary to carry out authorized activities and the adequate
determination of costs; financial management systems, including accurate and complete payroll,
accounting, and financial reporting records; cost source documentation; effective internal and
budgetary controls; determination of reasonableness, allocation of costs; and timely and appropriate
audits and resolution of any findings; and annual financial statements, including statements of
financial position, activities, and cash flows, prepared on an accrual basis in accordance with
Generally Accepted Accounting Principles (GAAP) or other recognized accounting principle.
4.1.5. Security and Confidentiality of Records. GRANTEE shall establish a method to secure
the confidentiality of records and other information relating to services provided in accordance with
applicable federal and state law, rules and regulations. This provision shall not be construed as
limiting the OAGs access to such records and other information.
4.2 Programmatic Reports
4.2.1 Quarterly Statistical (Performance) Reports. GRANTEE shall forward to the OAG
quarterly statistical reports no later than the 30th day of each month following the end of the quarter.
The four quarters end on the last day of the month of November, February, May and August.
Accordingly, quarterly statistical reports, for each quarter, are due on or before December 30, 2011,
March 30, 2012, June 30, 2012, and continuing until the last quarterly statistical report which is due
on or before September 30, 2012. If this contract is extended, the quarterly statistical reports are
likewise extended.
Contents of Quarterly Statistical Reports. The quarterly statistical reports shall contain, at a
minimum, information on the following statistical measures:
a. Targets as established by the OAG;
b. Outputs and Outcomes as established by the OAG; and
c. Program Impact Narratives.
4.2.2 Written Explanation of Variance. GRANTEE is required to provide a written explanation
to the OAG for any variances on the quarterly statistical report for any year-to-date performance by
GRANTEE that varies from projected performance. In addition to the written explanation,
GRANTEE shall promptly answer any questions of the OAG, whether in writing or otherwise, in
connection with the quarterly and annual reports presented to the OAG.
4.2.3 Other Program Reports. GRANTEE shall cooperate fully in any social studies, fiscal or
programmatic monitoring, auditing, evaluating, and other reviews pertaining to services rendered by
Page 3 of 19
9
.
a
P
a
c
k
e
t

P
g
.

8
3
GRANTEE which may be conducted by the OAG or its designees.
GRANTEE shall submit service delivery reports required by the contract or self-evaluations of
performance and other reports requested by the OAG in appropriate format and on a timely basis and
make available at reasonable times and for reasonable periods, client records and other
programmatic or financial records, books, reports, and supporting documents for reviewing and
copying by the OAG or its designees.
4.3 Financial Matters
4.3.1 Grant Budget. With regard to the use of funds pursuant to this contract, GRANTEE will
immediately review the budget as established in this contract.
4.3.2 Monthly Request for Reimbursement and Financial Status Report. Grant funds are paid
on a cost reimbursement basis. GRANTEE will submit, each month, a monthly request for
reimbursement for the actual and allowable allocable costs incurred by GRANTEE for project costs
to provide services under this contract. The payments made to GRANTEE shall not exceed its
actual and allowable allocable costs to provide the services under this contract.
The request for reimbursement will be submitted to the OAG in the form and manner as approved by
the OAG and will specify the detailed and total expenses for the month, in the following cost
categories: (i) personnel and fringe benefits, reported separately, (ii) professional and consulting
services, (iii) travel, (iv) equipment, (v) supplies, and (vi) other direct operating expenses. The
request for reimbursement must be accompanied by supporting documentation as required by the
OAG. The OAG may from time to time require different or additional supporting documentation.
A financial status report is required each month, whether GRANTEE has paid expenses, or is
seeking reimbursement.
4.3.3 Fiscal Year End Required Reports. On or before October 15, 2011 and, if this contract is
extended, October 15, 2011, GRANTEE will submit fiscal year end required reports.
a. Record of Reimbursement. GRANTEE will submit a reconciled record of its expenses for
the prior fiscal year in the following cost categories: (i) personnel and fringe benefits,
reported separately, (ii) professional and consulting services, (iii) travel, (iv) equipment, (v)
supplies, and (vi) other direct operating expenses.
b. Equipment Inventory Report. GRANTEE will submit an Equipment Inventory Report
which provides record of the current inventory of items purchased, disposed, replaced or
transferred of any equipment purchased with grant funds.
4.3.4 Annual Independent Financial Audit Report. Unless otherwise noted on Exhibit C
(Special Conditions), GRANTEE shall timely submit to the OAG a copy of its annual independent
financial audit timely means on or before May 3 1, 2012 and, if this contract is extended, on or
Page 4 of 19
9
.
a
P
a
c
k
e
t

P
g
.

8
4
before May 31, 2013 for a grantee whose fiscal year ends on August 31 of each year; otherwise, the
timely submission to the OAG is on or before nine (9) months after the end of GRANTEEs
accounting year. GRANTEE will contract an independent CPA firm to perform an annual financial
audit engagement. GRANTEEs independent CPA firm will determine the type of annual financial
audit, which may include a compliance attestation in accordance with the requirements of 0MB
Circular A-133 (audits oCState, Local Government, and Non-Profit Organizations) and/or Texas
Single Audit Circular (Single Audit or non-Single Audit financial audit). If applicable, GRANTEE
will provide the OAG with any and all annual independent financial audits or audited financial
statements, related management letters, and management responses of GRANTEE.
4.3.5 Timing of Submission of Request for Reimbursement to the OAG; Close-Out Invoice.
GRANTEE is responsible for submitting bills in an accurate and timely manner, and shall make
every reasonable effort to submit monthly billings to the OAG, which cover the previous months
expenses, so that they are received by the OAG on or before the twentieth
(20 th)
day of each month,
or if the
20 th1
falls on a weekend or holiday, the next business day. The OAG will make all reasonable
efforts to promptly process and make payments on properly completed billings. GRANTEE may
submit a final invoice not later than the earlier of(1) forty-five (45) calendar days after termination
of this contract; or (2) forty-five (45) calendar days after the end of each state fiscal year.
4.3.6 Reimbursement of Actual and Allowable Costs. The OAG shall only reimburse costs
incurred and paid by GRANTEE during the term of this contract. The OAG shall only reimburse
GRANTEE for employee costs that are directly related to performing the responsibilities of this
contract.
4.3.7 Refunds and Deductions. If the OAG determines that GRANTEE has been overpaid grant
funds under this contract, such as payments made inadvertently or payments made but later
determined to not be actual and allowable allocable costs, GRANTEE shall refund that amount of
the OAG reimbursement identified by the OAG as an overpayment. The OAG may offset and
deduct the amount of the overpayment from any amount owed to GRANTEE, as a reimbursement,
but not yet paid by the OAG to GRANTEE. The OAG may choose to require a payment directly
from GRANTEE rather than offset and deduct a specified amount. GRANTEE shall refund any
overpayment to the OAG within thirty (30) calendar days of the receipt of the notice of the
overpayment from the OAG unless an alternate payment plan is specified by the OAG.
4.3.8 Purchase of Equipment; Maintenance and Repair; Title upon Termination. GRANTEE
shall not give any security interest, lien or otherwise encumber any item of equipment purchased
with contract funds. GRANTEE shall permanently identify all equipment purchased under this
contract by appropriate tags or labels affixed to the equipment. GRANTEE shall maintain a current
inventory of all equipment or assets, which is available to the OAG at all times upon request.
GRANTEE will administer a program of maintenance, repair, and protection of equipment or assets
under this contract so as to ensure the full availability and usefulness of such equipment or assets. In
the event GRANTEE is indemnified, reimbursed, or otherwise compensated for any loss of,
destruction of, or damage to the assets provided under this contract, it shall use the proceeds to
Page 5 of 19
9
.
a
P
a
c
k
e
t

P
g
.

8
5
repair or replace said equipment or assets.
To the extent that the OAG reimburses GRANTEE for its purchase of equipment and supplies with
funds from this contract, GRANTEE agrees that upon termination of the contract, title to or
ownership of all such purchased equipment and supplies, at the sole option of the OAG, shall remain
with the OAG.
4.3.9 Direct Deposit. GRANTEE may make a written request to the OAG to be placed on Direct
Deposit status by completing and submitting to the OAG the State Comptrollers Direct Deposit
Authorization Form. After the direct deposit request is approved by the OAG and the setup is
completed on the Texas Identification Number System by the State Comptrollers Office, payment
will be remitted by direct deposit and the OAG will discontinue providing GRANTEE with copies of
reimbursement vouchers.
SECTION 5 OBLIGATIONS OF OAG
5.1 Monitoring. The OAG is responsible for closely monitoring GRANTEE to ensure the
effective and efficient use of grant funds to accomplish the purposes of this contract.
5.2 Maximum Liability of OAG. The maximum liability of the OAG is contained in the
attached Exhibit A. Any change to the maximum liability must be supported by a written
amendment to this contract.
5.3 Reimbursement of Grantee Expenses. The OAG shall be liable to reimburse GRANTEE
for all actual and allowable allocable costs incurred by GRANTEE pursuant to this contract. The
OAG is not obligated to pay unauthorized costs. In addition to other reasons, prior written approval
from the OAG is required if GRANTEE anticipates altering the scope of the grant, adding funds to
previously un-awarded budget categories, changing funds in any awarded budget category by more
than 10% of the annual budget and/or adding new line items to any awarded budget category.
5.4 Contract Not Entitlement or Right. Reimbursement with contract funds is not an
entitlement or right. Reimbursement depends, among other things, upon strict compliance with all
terms, conditions and provisions of this contract. The OAG and GRANTEE agree that any act,
action or representation by either party, their agents or employees that purports to increase the
maximum liability of the OAG is void, without first executing a written amendment to this contract.
GRANTEE agrees that nothing in this contract will be interpreted to create an obligation or liability
of the OAG in excess of the funds as stated in this contract.
5.5 Funding Limitation. GRANTEE agrees that funding for this contract is subject to the actual
receipt of grant funds (state and/or federal) appropriated to the OAG and such funds are sufficient to
satisfy all of OAGs duties, responsibilities, obligations, liability, and for reimbursement of all
expenses, if any, as set forth in this contract or arising out of any performance pursuant to this
contract. GRANTEE agrees that the grant funds, if any, received from the OAG are limited by the
term of each state biennium and by specific appropriation authority to and the spending authority of
Page 6 of 19
9
.
a
P
a
c
k
e
t

P
g
.

8
6
the OAG for the purpose of this contract. GRANTEE agrees that notwithstanding any other
provision of this contract, if the OAG is not appropriated the funds or if the OAG does not
receive the appropriated funds for the purpose of this grant program, or if the appropriated
funds made for the purposes of this grant program, are deemed, in the sole discretion of the
OAG, required to be reallocated to fund other state programs or purposes, the OAG is not
liable to pay the GRANTEE any remaining balance on this contract.
SECTION 6 TERMINATION
6.1 Termination for Convenience. Either Party may, at its sole discretion, terminate this
contract in whole or in part, without recourse, liability or penalty, upon thirty (30) calendar days
notice to the other party.
6.2 Termination for Cause. In the event that GRANTEE fails to perform or comply with an
obligation of the terms, conditions and provisions of this contract, the OAG may, upon written
notice of the breach to GRANTEE, immediately terminate all or any part of this contract.
6.3 TermiHation Not Exclusive Remedy; Survival of Terms and Conditions. Termination is
not an exclusive remedy, but will be in addition to any other rights and remedies provided in equity,
by law, or under this contract.
Termination of this contract for any reason or expiration of this contract shall not release the Parties
from any liability or obligation set forth in this contract that is expressly stated to survive any such
termination or by it nature would be intended to be applicable following any such termination. The
following terms and conditions, (in addition to any others that could reasonable be interpreted to
survive but are not specifically identified), survive the termination or expiration of this contract:
Sections 4, 5, 7, 11 and 12.
SECTION 7 AUDIT RIGHTS; RECORDS RETENTION
7.1 Duty to Maintain Records. GRANTEE shall maintain adequate records to support its
charges, procedures, and performances to the OAG for all work related to this contract. GRANTEE
also shall maintain such records as are deemed necessary by the OAG, OAGs auditor, the State
Auditors Office or other auditors of the State of Texas, the United States, or such other persons or
entities designated by the OAG, to ensure proper accounting for all costs and performances related
to this contract.
7.2 Records Retention. GRANTEE shall maintain and retain for a period of four (4) years after
the submission of the final expenditure report, or until full and final resolution of all audit or
litigation matters which arise after the expiration of the four (4) year period after the submission of
the final expenditure report, whichever time period is longer, such records as are necessary to fully
disclose the extent of services provided under this contract, including but not limited to any daily
Page 7 of 19
9
.
a
P
a
c
k
e
t

P
g
.

8
7
activity reports and time distribution and attendance records, and other records that may show the
basis of the charges made or performances delivered.
7.3 Audit Trails. GRANTEE shall maintain appropriate audit trails to provide accountability
for updates to mission critical information, charges, procedures, and performances. Audit trails
maintained by GRANTEE will, at a minimum, identify the supporting documentation prepared by
GRANTEE to permit an audit of the system by tracing the activities of individuals through the
system. GRANTEEs automated systems must provide the means whereby authorized personnel
have the ability to audit and to verifv contractually required performances and to establish individual
accountability for any action that can potentially cause access to, generation of, or modification of
confidential information.
7.4 Access and Audit. GRANTEE shall grant access to and make available copies of all paper
and electronic records, books, documents, accounting procedures, practices, and any other items
relevant to the performance of this contract, compliance with the applicable state or federal laws and
regulations, and the operation and management of GRANTEE to the OAG or its designees for the
purposes of inspecting, auditing, or copying such items. GRANTEE will direct any contractor to
discharge GRANTEEs obligations to likewise permit access to, inspection of, and reproduction of
all books and records of the subcontractor(s) that pertain to this contract. All records, books,
documents, accounting procedures, practices, and any other items, in whatever form, relevant to the
performance of this contract, shall be subject to examination or audit. Whenever practical as
determined at the sole discretion of the OAG, the OAG shall provide GRANTEE with up to five (5)
business days advance notice of any such examination or audit.
7.5 Location. Any audit of records shall be conducted at GRANTEEs principal place of
business and/or the location(s) of GRANTEEs operations during GRANTEEs normal business
hours. GRANTEE shall provide to OAG or its designees, on GRANTEEs premises (or if the audit
is being performed of a subcontractor, the subcontractors premises if necessary) private space, office
furnishings (including lockable cabinets), telephone and facsimile services, utilities and office-
related equipment and duplicating services as OAG or its designees may reasonably require to
perform the audits described in this contract.
SECTION 8 SuBMissioN OF INFORMATION TO THE OAG
The OAG will designate methods for submission of information to the OAG by GRANTEE. The
OAG generally requires submission of information via email or hard copy format. Some reporting
requirements must occur via the internet and/or a web-based data collection method.
8.1 Programmatic Reports and Information (excluding Financial Reports). All quarterly
statisticaL reports, annual performance reports, correspondence, reports or notices, except
financial reports specified below, must be submitted via email to:
OAG-Grantsoag.state.tx. us
Page 8 of 19
9
.
a
P
a
c
k
e
t

P
g
.

8
8
If requested or approved by the OAG, other programmatic reports, may be submitted to:
Program Manager Grants Administration Division
Office of the Attorney General
Mail Code 005
Post Office Box 12548
Austin, Texas 78711-2548
8.2 Financial Reports (excluding Programmatic Reports and Information). All financial
status reports, requests for reimbursement, audits, and inventory reports, must be submitted in hard
copy format to:
Financial Manager Grants Administration Division
Office of the Attorney General
Mail Code 005
Post Office Box 12548
Austin, Texas 78711-2548
The Annual Independent Financial Audit and related documents, as well as any other reports, if
requested or approved by the OAG, may be submitted to:
OAG-Grants@oag.state.tx.us
Page 9 of 19
9
.
a
P
a
c
k
e
t

P
g
.

8
9
SECTION 9 CORRECTIVE ACTION PLANS AND SANCTIONS
The Parties agree to make a good faith effort to identify, communicate and resolve problems found
by either the OAG or GRANTEE.
9.1 Corrective Action Plans. If the OAG finds deficiencies with GRANTEEs performance
under this contract, the OAG, at its sole discretion, may impose one or more of the following
remedies as part of a corrective action plan: increase monitoring visits; require additional or more
detailed financial and/or programmatic reports be submitted; require prior approval for expenditures;
require additional technical or management assistance and/or make modifications in business
practices; reduce the contract amount; and/or terminate this contract. The foregoing are not
exclusive remedies, and the OAG may impose other requirements that the OAG determines will be
in the best interest of the State.
9.2 Financial Hold. Failure to comply with submission deadlines for required reports, invoices,
or other requested information, may result in the OAG, at its sole discretion, placing GRANTEE on
immediate financial hold without further notice to GRANTEE and without first requiring a
corrective action plan. No reimbursements will be processed until the requested information is
submitted. If GRANTEE is placed on financial hold, the OAG, at its sole discretion, may deny
reimbursement requests associated with expenses incurred during the time GRANTEE was placed
on financial hold.
9.3 Sanctions. In addition to financial hold, the OAG, at its sole discretion, may impose other
sanctions without first requiring a corrective action plan. The OAG, at its sole discretion, may
impose sanctions, including, but not limited to, withhold or suspend funding, offset previous
reimbursements, require repayment, disallow claims for reimbursement, reduce funding, terminate
this contract and/or any other appropriate sanction.
9.4 No Waiver. Notwithstanding the imposition of corrective actions, financial hold and/or
sanctions, GRANTEE remains responsible for complying with the contract terms and conditions.
Corrective action plans, financial hold and/or sanctions do not excuse or operate as a waiver of prior
failure to comply with this contract.
SECTION 10 GENERAL TERMS AND CONDITIONS
10.1 Federal and State Laws, Rules and Regulations, Directives, Guidelines, OMBs and
Other Relevant Authorities. GRANTEE agrees to comply with all applicable federal and state
laws, rules and regulations, directives, guidelines, 0MB circulars, or any other authorities relevant to
the performance of GRANTEE under this contract.
Page lOofl9
9
.
a
P
a
c
k
e
t

P
g
.

9
0
10.2 Uniform Grant Management Act, UGMS and Applicable Standard Federal and State
Certifications and Assurances. GRANTEE agrees to comply with applicable laws, executive
orders, regulations and policies as well as the Uniform Grant Management Act of 1981 (UGMA),
Texas Government Code, Chapter, 783, as amended, GRANTEE agrees to comply with Uniform
Grant Management Standards (UGMS), as promulgated by the Governors Budget and Planning
Office. Further, GRANTEE agrees to comply with the applicable OAG Certifications and
Assurances, as contained in the Application Kit, including, but not limited to, the equal employment
opportunity program certification, disclosure and certification regarding lobbying, non-procurement
debarment certification, drug-free workplace certification, annual single audit certification,
compliance with annual independent financial audit filing requirement, compliance with UGMS and
the applicable 0MB circulars, return of grant funds in the event of loss or misuse, and conflict of
interest.
10.3 Generally Accepted Accounting Principles or Other Recognized Accounting Principles.
GRANTEE shall adhere to Generally Accepted Accounting Principles (GAAP) promulgated by the
American Institute of Certified Public Accountants, unless other recognized accounting principles
are required by GRANTEE, and follow OAG fiscal management policies and procedures in
processing and submitting for reimbursement GRANTEEs billing and maintaining financial records
related to this contract.
10.4 Conflicts of Interest; Disclosure of Conflicts. GRANTEE has not given, offered to give,
nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan,
gratuity, special discount, trip, favor, or service to a public servant or employee of the OAG, at any
time during the negotiation of this contract or in connection with this contract, except as allowed
under relevant state or federal law. GRANTEE will establish safeguards to prohibit its employees
from using their positions for a purpose that constitutes or presents the appearance of personal or
organizational conflict of interest or personal gain. GRANTEE will operate with complete
independence and objectivity without actual, potential or apparent conflict of interest with respect to
their performance under this contract. GRANTEE must disclose, in writing, within fifteen (15)
calendar days of discovery, any existing or potential conflicts of interest relative to their
performance under this contract.
10.5 Compliance with Regulatory and Licensing Bodies. GRANTEE agrees that it has
obtained all licenses, certifications, permits and authorizations necessary to perform the
responsibilities of this contract and currently is in good standing with all regulatory agencies that
regulate any or all aspects of GRANTEEs business or operations. GRANTEE agrees to remain in
good standing with the Texas Secretary of State, Texas Comptroller of Public Accounts and related
Federal governmental bodies related to GRANTEEs right to conduct it business in Texas.
GRANTEE agrees to comply with all applicable licenses, legal certifications, inspections, and any
other applicable local ordinance, state, or federal laws. If GRANTEE is a law enforcement agency
regulated by Chapter 1701, Texas Occupations Code, GRANTEE agrees that it is in compliance
with all rules developed by the Texas Commission on Law Enforcement Officer Standards and
Education.
Page II of 19
9
.
a
P
a
c
k
e
t

P
g
.

9
1
SECTION 11 SPECIAL TERMS AND CONDITIONS
11.1 Independent Contractor Status; Indemnity and Hold Harmless Agreement. GRANTEE
expressly agrees that it is an independent contractor and under no circumstances shall any owners,
incorporators, officers, directors, employees, or volunteers of GRANTEE be considered a state
employee, agent, servant, joint venturer, joint enterpriser or partner of the OAG or the State of
Texas. GRANTEE agrees to take such steps as may be necessary to ensure that each contractor of
GRANTEE will be deemed to be an independent contractor and will not be considered or permitted
to be an agent, servant, joint venturer, joint enterpriser or partner of OAG.
All persons furnished, used, retained, or hired by or on behalf of GRANTEE or any of their
contractors shall be considered to be solely the employees or agents of GRANTEE or the
contractors. GRANTEE or contractors shall be responsible for ensuring that there is payment of any
and all appropriate payments, such as unemployment, workers compensation, social security, any
benefit available to a state employee as a state employee, and other payroll taxes for such persons,
including any related assessments or contributions required by law.
GRANTEE or contractors are responsible for all types of claims whatsoever due to the actions
or performance under this contract, including, but not limited to, the use of automobiles or
other transportation, taken by its owners, incorporators, officers, directors, employees,
volunteers or any third parties and GRANTEE and/or contractors will indemnify and hold
harmless the OAG and/or the State of Texas from and against any and all claims arising out of
their actions or performance under this contract. GRANTEE agrees to indemnify and hold
harmless the OAG and/or the State of Texas from any and all liability, actions, claims,
demands, or suits, and all related costs, attorney fees, and expenses, that arise from or are
occasioned by the negligence, misconduct, or wrongful act or omission of GRANTEE, its
employees, representatives, agents, or subcontractors in their performance under this
contract.
11.2 Publicity. GRANTEE shall not use the OAGs name or refer to the OAG directly or
indirectly in any media release, public service announcement or public service disclosure relating to
this contract or any acquisition pursuant hereto, including in any promotional or marketing
materials, without first obtaining the written consent from the OAG. This section is not intended and
does not limit GRANTEEs ability to comply with its obligations and duties under the Texas Open
Meetings Act and/or the Texas Public Information Act.
11.3 Intellectual Property. GRANTEE understands and agrees that where funds obtained under
this contract may be used to produce original books, manuals, films, or other original material and
intellectual property, GRANTEE may copyright such material subject to the royalty-free, non-
exclusive, and irrevocable license which is hereby reserved by the OAG and GRANTEE hereby
grants to the OAG or the state (or federal government, if federal funds are expended in this grant)
government. The OAG is granted the unrestricted right to use, copy, modify, prepare derivative
works, publish and distribute, at no additional cost to the OAG, in any manner the OAG deems
appropriate at its sole discretion, any component of such intellectual property made the subject of
Page 12 of 19
9
.
a
P
a
c
k
e
t

P
g
.

9
2
this contract.
11.4 Program Income. Gross income directly generated from the grant funds through a project or
activity performed under this contract are considered program income. Unless otherwise required
under the terms of this contract, any program income shall be used by GRANTEE to further the
program objectives of the project or activity funded by this grant, and the program income shall be
spent on the same project or activity in which it was generated. GRANTEE shall identify and report
this income in accordance with the OAGs reporting instructions. GRANTEE shall expend program
income during this contract term; program income not expended in this contract term shall be
refunded to the OAG.
11.5 No Supplanting. GRANTEE shall not supplant or otherwise use funds from this contract to
replace or substitute existing funding from other sources that also supports the activities that are the
subject of this contract.
11.6 No Solicitation or Receipt of Funds on BehalfofOAG. It is expressly agreed that any
solicitation for or receipt of funds of any type by GRANTEE is for the sole benefit of GRANTEE
and is not a solicitation for or receipt of funds on behalf of the OAG or the Attorney General of the
State of Texas.
11.7 No Subcontracting or Assignment Without Prior Written Approval of OAG.
GRANTEE may not subcontract or assign any of its rights or duties under this contract without the
prior written approval of the OAG. It is within the OAGs sole discretion to approve any
subcontracting or assignment. In the event OAG approves subcontracting or assignment by
GRANTEE, GRANTEE will ensure that its contracts with others shall require compliance with the
provisions of this contract to the extent compliance is needed to support GRANTEEs compliance
with this contract. GRANTEE, in subcontracting for any performances specified herein, expressly
understands and agrees that it is not relieved of its responsibilities for ensuring that all performance
is in compliance with this contract and that the OAG shall not be liable in any manner to
GRANTEEs subcontractor(s).
11.8 No Grants to Certain Organizations. GRANTEE confirms that by executing this contract
that it does not make contributions to campaigns for elective office or endorse candidates.
11.9 No Waiver of Sovereign Immunity. The Parties agree that no provision of this contract is
in any way intended to constitute a waiver by the OAG or the State of Texas of any immunities from
suit or from liability that the OAG or the State of Texas may have by operation of law.
11.10 Governing Law; Venue. This contract is made and entered into in the State of Texas. This
contract and all disputes arising out of or relating thereto shall be governed by the laws of the State
of Texas, without regard to any otherwise applicable conflict of law rules or requirements.
Except where state law establishes mandatory venue, GRANTEE agrees that any action, suit,
litigation or other proceeding (collectively litigation) arising out of or in any way relating to this
Page 13 of 19
9
.
a
P
a
c
k
e
t

P
g
.

9
3
contract shall be commenced exclusively in the Travis County District Court or the United States
District Court in the Western District, Austin Division, and to the extent allowed by law, hereby
irrevocably and unconditionally consent to the exclusive jurisdiction of those courts for the purpose
of prosecuting and/or defending such litigation. GRANTEE hereby waives and agrees not to assert
by way of motion, as a defense, or otherwise, in any suit, action or proceeding, any claim that
GRANTEE is not personally subject to thejurisdiction of the above-named courts, the suit, action or
proceeding is brought in an inconvenient forum and/or the venue is improper.
11.11 Limitation on Civil Legal Services Providers. If GRANTEE isa provider of civil
legal services to victims of crime, and if the purpose of the grant funds is to provide legal services to
victims of crime, GRANTEE shall comply with the following:
11.11.1 Services to Indigent Clients. GRANTEE shall provide victim-related civil legal
services directly to indigent victims, indigent immediate family members of indigent victims, or
indigent claimants. Indigent means an individual who earns not more than 1 87 /2% of the federal
poverty guidelines published by the United States Department of 1-Iealth and Human Services.
Victims, immediate family members of victims and claimants are defined in Article 56.32 of the
Code of Criminal Procedure.
11.11.2 Eligibility Screening. GRANTEE shall conduct eligibility screening for each
individual seeking victim-related civil legal services. GRANTEE agrees to use the intake screening
form supplied by the OAG. A copy of all intake screening forms shall be maintained by GRANTEE
in a central location and shall be made available to the OAG or any party the OAG determines
should have access to the documents at any reasonable time.
11.11.3 No Cases Resulting in Fees. Grant funds to organizations to provide legal services
to the victims of crime, immediate family members or claimants in civil matters shall not be used for
any case or matter that, if undertaken on behalf of an indigent person by an attorney in private
practice, might reasonably be expected to result in payment of a fee for legal services from an award
to a client from public funds, or from the opposing party.
The above provisions of may not be applicable in any case where GRANTEE determines in good
faith that the indigent person seeking legal assistance has made reasonable efforts to obtain the
services of an attorney in private practice for the particular matter (including contacting attorneys in
private practice in the county of residence of the indigent person who normally accept cases of a
similar nature), and has been unable to obtain such services because the potential fee is inadequate,
is likely to be uncollectible, would substantially consume any recovery by the client, or because of
any other reason which the organization, acting in good faith, believes prevents the client from
obtaining the services of a private attorney.
11.11.4 Other Restrictions. Grant funds shall not be used to directly fund class action suits,
lawsuits against governmental entities, or lobbying for or against any candidate or issue. Grant
funds shall not be used to sue or otherwise support a cause of action, claim, or defense against the
State of Texas or the Office of the Attorney General, except as specifically provided below.
Page 14of19
9
.
a
P
a
c
k
e
t

P
g
.

9
4
Grant funds may be used to support a lawsuit brought by an individual, solely on behalf of the
individual or the individuals dependent or ward, to compel a governmental entity to provide
benefits that the individual or the individuals dependent or ward is expressly eligible to receive, by
statute or regulation, including social security benefits, temporary assistance to needy families,
financial assistance under Chapter 31, Human Resources Code, food stamps, special education for
persons with disabilities, Medicare, Medicaid, subsidized or public housing, and other economic,
shelter or medical benefits provided by a government directly to an indigent individual, but not to
support a claim for actual or punitive damages.
Grant funds shall not be used to support any legal action seeking to establish, obtain or appeal
Compensation for Crime Victims payments as administered by the Office of the Attorney General.
11.11.5 Cooperation and Collaboration. GRANTEE will cooperate and collaborate in their
service areas with (a) all other organizations providing civil legal services to the indigent, (b) the
local organized bar, (c) relevant social and human service organizations, (d) relevant governmental
agencies, and (e) other organizations that specifically provide victim related services.
11.11.6 Professional Conduct. In accepting and pursuing matters for clients, GRANTEE
shall adhere to the Texas Disciplinary Rules of Professional Conduct and the Texas Rules of
Disciplinary Procedure and any other code or rules of professional responsibility adopted by this
state for attorneys and should exercise reasonable prudentjudgment and consider all relevant factors,
including the legal merits and the economic and practical value of the matter.
11.11.7 Retainer Agreements and Private Referrals. Except for matters involving limited
advice and brief services (e.g. clinics, hotlines, and similar services), each grantee shall execute a
written retainer agreement, or letter ofengagement, containing appropriate provisions for withdrawal
of representation, with each client who receives legal services from the grantee. For cases that are
referred by grantees to private attorneys, the grantee shall make available to the accepting attorney a
standard form retainer agreement which may be modified based on agreement between the attorney
and client.
The OAG, at its sole discretion, may further limit, authorize or define the scope of permitted legal
services by GRANTEE.
SECTION 12 CONSTRUCTION OF CONTRACT AND AMENDMENTS
12.1 Construction of Contract. The provisions of Section 1 are intended to be a general
introduction to this contract. To the extent the terms and conditions of this contract do not address a
particular circumstance or are otherwise unclear or ambiguous, such terms and conditions are to be
construed consistent with the general objectives, expectations and purposes of this contract.
12.2 Entire Agreement, including All Exhibits. This contract, including all exhibits reflect the
Page 15 of 19
9
.
a
P
a
c
k
e
t

P
g
.

9
5
entire agreement between the Parties with respect to the subject matter therein described, and there
are no other representations (verbal or written), directives, guidance, assistance, understandings or
agreements between the Parties relative to such subject matter. By executing this contract,
GRANTEE agrees to strictly comply with the requirements and obligations of this contract.
including all exhibits.
12.3 Amendment. This contract shall not be modified or amended except in writing, signed by
both parties. Any properly executed amendment of this contract shall be binding upon the Parties
and presumed to be supported by adequate consideration.
12.4 Partial Invalidity. If any term or provision of this contract is found to be illegal or
unenforceable, such construction shall not affect the legality or validity of any of its other
provisions. The illegal or invalid provision shall be deemed severable and stricken from the contract
as if it had never been incorporated herein, but all other provisions shall continue in full force and
effect.
12.5 Non-waiver. The failure of any Party to insist upon strict performance of any ofthe terms or
conditions herein, irrespective of the length of time of such failure, shall not be a waiver of that
partys right to demand strict compliance in the future. No consent or waiver, express or implied, to
or of any breach or default in the performance of any obligation under this contract shall constitute a
consent or waiver to or of any breach or default in the performance of the same or any other
obligation of this contract.
12.6 Official Capacity. The Parties stipulate and agree that the signatories hereto are signing,
executing and performing this contract only in their official capacity.
OFFICE OF THE ATTORNEY CITY OF IRVING POLICE
GENERAL DEPARTMENT
Printed Name:
___________________
Printed Name:
Office of the Attorney General Authorized Official
Date:
________________
Date:
Page 16of19
9
.
a
P
a
c
k
e
t

P
g
.

9
6
EXHIBIT A
AND CITY OF IRVING POLICE DEPARTMENT
Maximum Liability of the OAG. The OAG and GRANTEE stipulate and agree that the total
liability of the OAG to GRANTEE directly or indirectly arising out of this contract and in
consideration of full, satisfactory and timely performance of all its duties, responsibilities,
obligations, liability, and for reimbursement of all expenses, if any, as set forth in this contract or
arising out of any performance herein, shall not exceed the following:
FORTY-TWO THOUSAND AND 00/100 ($42,000) DOLLARS.
Budget. Subject to the limitations within this contract, the OAG will reimburse GRANTEE for
actual allowable and allocable costs paid according to the following amounts and budget categories:
Budget Category State Fiscal Year
2012
Personnel
_____________________
$30,077
Fringe Benefits
$1 1,923
Professional & Consultant Services $0
Travel
$0
Eqpment
_______ _______
$0
Supplies
$0
Other Direct Operating Expenses $0
Total
$42,000
Page 17o119
9
.
a
P
a
c
k
e
t

P
g
.

9
7
EXHIBIT B
GRANT NARRATIVE
Only the FY 2012 portion of the final Narrative applies to this contract as submitted by GRANTEE,
and as further modified by the OAG:
This grant will partially fund one position in the Victim Services Unit to provide assistance to
victims of violent crime. Activities and services provided by the Victim Services Coordinator will
include, but are not limited to: crisis counseling, assistance with filing Crime
Victims
Compensation, providing resources and referrals for emergency or other assistance, support through
the legal process and personal advocacy. Efforts will be made to minimize the psychological and
emotional stresses that often occur as a result of being traumatized by a criminal incident. The
Victim Services Coordinator will act as a liaison between the victim and detectives, CPS or other
agencies in situations as needed. The Victim Services Coordinator will receive all police reports
involving violent crime and will attempt to reach victims, witnesses, family members and other who
have been impacted by the crime. State mandated Victim Rights information will be provided as
well as support, referrals and any other needed assistance. This position will interface with police
officers and others within the department to gather and provide accurate information to victims. The
Victim Services Coordinator will follow up with clients as appropriate and monitor their well-being.
In addition, the Victim Services Coordinator will attend trainings such as the OAG conference to
stay current on victim issues and best practices. To maintain current resources, the Victim Services
Coordinator will attend local coalition meetings to foster beneficial relationships with advocates in
other agencies. This position will work to identify limitations to serving victims in Irving and make
efforts to resolve these issues. The Victims Services Coordinator will identify ways to be innovative
and develop better ways to service victims of crime in Irving. The Victim Services Coordinator will
provide training, as requested, by local agencies to educate the community and other professionals
about services and resources available to victims of violent crime.
By providing victims with information about their rights and support through the criminal justice
system victims will become educated about the process and their options. By assisting victims with
Crime Victims Compensation claims and providing appropriate referrals to meet basic needs, the
financial stressors that come with being a victim of violent crime will be reduced. Through crisis
counseling, advocacy and collaboration with other agencies, the emotional and psychological
impacts of crime can be reduced. Through the coordination of services at the Irving Family
Advocacy Center, the victims safety needs can be addressed to reduce their fear and anxiety.
Page 18 of 19
9
.
a
P
a
c
k
e
t

P
g
.

9
8
EXHIBIT C
SPECIAL CONDITIONS
Special Conditions are imposed by the OAG, at its sole discretion. In addition to the ones identified
in this exhibit to this contract, the OAG may, at its sole discretion, impose additional special
conditions, with or without notice, without amending this contract.
The OAG is placing GRANTEE on immediate financial hold, without further notice, until all Special
Conditions, if any, listed in this Exhibit are met.
The following Special Conditions apply to this contract:
Submit Resolution signed by the Governing Body designating an Authorized Official.
Submit missing job description for Victim Services Coordinator.
Page 19o119
9
.
a
P
a
c
k
e
t

P
g
.

9
9
001.00 VICTIM SERVICES COORDINATOR
001.01 Responsibilities
A. Report directly to the Victim Services Supervisor.
B. Review offense reports to determine victims eligibility for services.
C. Contact victims of crime by phone, in person or by mail for all non-family violence
crimes that occur in Irving.
D. Interact with detectives in CID, Hit & Run, DWI, and with patrol officers as
needed to discuss/collaborate/assist on cases.
E. Provide crisis intervention to victims and/or others impacted by violent crime.
F. Provide necessary information and assistance to crime victims and their family
members, as well as witnesses or others, referring them to outside agencies as
needed and appropriate.
G. Coordinate the filing of all non-family violence Crime Victims Compensation
Claims for offenses that occur in Irving or others as needed or requested.
H. Provide crime victims with assistance through the legal process, including court
accompaniment on major cases if needed or requested.
Provide legal and personal advocacy on behalf of victims.
J. Respond as requested by law enforcement to crime scenes, homes, hospitals or
the police station to meet with crime victims, family members and witnesses to
major crimes. Includes being available on an on-call basis outside of normal
work hours.
K. Maintain written case documentation and monthly statistics to be provided to
Victim Services Supervisor for grant reporting.
K. Coordinate and train interns/volunteers to assist with services for crime victims.
L. Attend and participate in local and county coalitions.
M. Provide crime-related training to officers as well as to outside public and private
agencies as needed and requested on issues related to victimization, violent
crime and other topics.
N. If bi-lingual, provide services in Spanish as needed or requested.
0. Fulfill the Departments legal requirement to provide crime victims with
information on Crime Victims Rights, CVC and other services as described in
Art. 56.04, Code of Criminal Procedure.
9
.
a
P
a
c
k
e
t

P
g
.

1
0
0
COUNSELOR II
City of Irving Class Specification
A class specification is a general listing of duties, responsibilities, knowledge, skills, and abilities
required of an incumbent assigned to a particular class of work. There may be one or multiple positions
assigned to a single classification; therefore, the class specification lists those work attributes that are
common to every incumbent in the class.
Classification: Counselor 11
Job Code: 28101
FLSA Status: Exempt
Job Department: Police
Reports To: Counselor Ill
PURPOSE
To provide crisis intervention and other services to crime victims/families in crisis situations, as well as
maintaining case files, and training employees and volunteers/interns.
ESSENTIAL DUTIES AND RESPONSIBILITIES
Provides counseling/crisis intervention to victims, family members, and witnesses who have been
victimized by violent crime.
Provides education, information, and referrals to appropriate agencies based on financial and
emotional needs of victims, witnesses and family members.
Provides direction, feedback, and guidance to volunteers and interns.
Handles and documents victim cases, including developing tracking reports, contacting victims via
telephone and mail, and maintaining records on services provided to victims.
Assists victims in obtaining necessary aid by way of victim compensation (CVC) and other programs.
Prepares and presents training to volunteers, personnel of the Police Department, and members of
other private and public organizations on a variety of topics.
Works with police investigators to ensure victim safety, including assisting with interviews of victims
and other family members.
Provides support to victims in legal proceedings including District Attorneys office requests and
court hearings.
Performs related duties as assigned.
OTHER DUTIES AND RESPONSIBILITIES
If bilingual, provides training to Spanish-speaking persons participating in therapeutic activities and
acts as translator for all aspects of Victims Services.
Reports with law enforcement personnel to crime scenes, homes, hospitals or the police station to
meet with crime victims and family members.
Provides direction, feedback, and guidance to volunteers and interns.
Remains current in the latest research on violence and trauma.
Prepares and presents programs to private and public organizations.
Serves as an educational resource for students and trainers.
Provides on-call duty responsibilities as assigned.
SUPERVISORY RESPONSIBILITIES
None.
9
.
a
P
a
c
k
e
t

P
g
.

1
0
1
QUALIFICATIONS
To perform this job successfully, an individual must be able to perform each essential duty satisfactorily.
The requirements listed below are representative of the knowledge, skill, and/or ability required.
Reasonable accommodations may be made 10 enable individuals with disabilities to perform the essential
functions.
EDUCATION
Equivalent to a Masters degree with major course work in Psychology, Counseling and Guidance, Social
Work, or a closely related field.
EXPERIENCE
At least two years of related experience.
CERTIFICATES, LICENSES, REGISTRATIONS
Licensed Master Social Worker (LMSW) or Licensed Professional Counselor (LPC) required.
KNOWLEDGE OF:
Psychology: basic human behavior and performance, including individual differences in ability,
personality, learning, and motivation.
English Language: the structure and content of the English language, including the meaning of words
and grammar.
Sociology and Anthropology: group behavior and dynamics, social trends, influences, and cultures.
Law and Government: laws, legal codes, court procedures, precedents, government regulations,
executive orders, agency rules, and the democratic political process; especially, Crime Victims
Compensation procedures, criminal justice system, and the protective order process as they relate to
victims of violence.
Statistical Principles: principles and processes dealing with the collection, analysis, interpretation, and
presentation of quantitative data.
SKILL IN:
Mechanical/Technical: operating office equipment, especially computers, copiers, fax machines, and
paper shredders.
Social Perceptiveness: being aware of others reactions and understanding why they react the way
they do.
Critical Thinking: using logic and analysis to identifv the strengths and weaknesses of different
approaches.
Service Orientation: actively looking for ways to help people.
Active Listening: listening to what other people are saying and asking questions as appropriate.
ABILITY TO:
Train, motivate, and oversee volunteers and interns: volunteer management.
Listen to and understand information and ideas presented through spoken words and sentences: oral
comprehension.
9
.
a
P
a
c
k
e
t

P
g
.

1
0
2
Use oral expression to communicate information and ideas in speaking so others will understand:
oral expression.
Tell when something is wrong or is likely to go wrong: problem sensitivity.
Read and understand information and ideas presented in writing: written comprehension.
Combine separate pieces of information or specific answers to problems to form general rules or
conclusions. This includes coming up with a logical explanation for why a series of seemingly
unrelated events occur together: inductive reasoning.
Apply general rules to specific problems to come up with logical answers. This involves deciding if
an answer makes sense or provides a logical explanation for why a series of seemingly unrelated
events occur together: deductive reasoning.
Develop a number of ideas about a given topic. This concerns the number of ideas produced and not
the quality, correctness or creativity of the ideas: fluency of ideas.
Identify and understand the speech of another person: speech recognition.
PHYSICAL DEMANDS
The physical demands described here are representative of those that must be met by an employee to
successfully perform the essential functions of this job. Reasonable accommodations may be made to
enable individuals with disabilities to perform the essential functions.
While performing the duties of this job, the employee is constantly required to listen, see, sit, and/or talk.
The employee frequently is required to drive, grasp, handle, feel, stand, and/or walk. The employee
occasionally is required to carry, climb, lift up to 25 pounds, and/or reach. The employee rarely is
required to carry and/or kneel.
WORK ENVIRONMENT
The work environment characteristics described here are representative of those an employee encounters
while performing the essential functions of this job. Reasonable accommodations may be made to enable
individuals with disabilities to perform the essential functions.
The noise level in the work environment usually is moderate. This job requires the employee to make
decisions directly affecting the safety of others.
9
.
a
P
a
c
k
e
t

P
g
.

1
0
3
AGENDA ITEM SUMMARY
Recommending Department: Fire LSR No: 12770
Resolution -- Approving a Grant Application Submittal to the Assistance to
Firefighter Grant for Compressors/Cascade/Fill Station
2. Impact - By applying for the 2011 Assistance to Firefighters Grant, the Irving Fire
Department will be able to purchase a new breathing air compressor, cascade
system and fill station to replace the existing system at Station 2 which has
become unreliable as it has been out of service for repairs 10 times in the last 2
years. By purchasing such a system, we will be able to ensure the continued
safety of our members as we provide emergency service for our citizens, visitors,
other City of Irving employees and businesses.
3. This grant is for the purchase of a stationary breathing air compressor, cascade
system and fill station and provides 80% funding in the amount of $55,960.00, with
the City being responsible for a 20% match in the amount of $13,990.00 for a total
grant amount of $69,950.00.
Recommendation
Contract Required: Yes Review Completed By: Carrie Morris
Previous Action: N/A Council Action: N/A
.
ATTACHMENTS:
AFG Grant (PDF)
$55,960.00 - 2072-0512-56401-9163 - Assistance to Firefighter Grant Fund - 80%
$13,990.00 - 1001-0512-85072-8500 - transfer to Assistance to Firefighter Grant Fund - 20%
- Fire Department match
Prepared: 8/17/2011 11:31 AM by Candie Britland
Last Updated: 8/26/2011 11:53 AM by Belinda Rowlett
10
Packet Pg. 104
CITY OF IRVING
SECTION I. THAT the City Council hereby approves the attached application to the U.S.
Department of Homeland Security Federal Emergency Management Agency
(Assistance to Firefighters Grant Programs) for grant funding in the amount of
$69,950.00 for the purchase of Stationary Breathing Air Compressor, Cascade
System, and Fill Station, and the Fire Department is authorized to apply on-line for
said funding.
SECTION II. THAT the funding period will be from the date of award through one year after
award.
SECTION III. THAT this resolution shall take effect from and after its final date of passage, and it is
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
10
Packet Pg. 105
10.a
Packet Pg. 106
A
t
t
a
c
h
m
e
n
t
:

A
F
G

G
r
a
n
t

(
4
1
0
1

:

A
s
s
i
s
t
a
n
c
e

t
o

F
i
r
e
f
i
g
h
t
e
r

G
r
a
n
t
)
10.a
Packet Pg. 107
A
t
t
a
c
h
m
e
n
t
:

A
F
G

G
r
a
n
t

(
4
1
0
1

:

A
s
s
i
s
t
a
n
c
e

t
o

F
i
r
e
f
i
g
h
t
e
r

G
r
a
n
t
)
10.a
Packet Pg. 108
A
t
t
a
c
h
m
e
n
t
:

A
F
G

G
r
a
n
t

(
4
1
0
1

:

A
s
s
i
s
t
a
n
c
e

t
o

F
i
r
e
f
i
g
h
t
e
r

G
r
a
n
t
)
10.a
Packet Pg. 109
A
t
t
a
c
h
m
e
n
t
:

A
F
G

G
r
a
n
t

(
4
1
0
1

:

A
s
s
i
s
t
a
n
c
e

t
o

F
i
r
e
f
i
g
h
t
e
r

G
r
a
n
t
)
10.a
Packet Pg. 110
A
t
t
a
c
h
m
e
n
t
:

A
F
G

G
r
a
n
t

(
4
1
0
1

:

A
s
s
i
s
t
a
n
c
e

t
o

F
i
r
e
f
i
g
h
t
e
r

G
r
a
n
t
)
10.a
Packet Pg. 111
A
t
t
a
c
h
m
e
n
t
:

A
F
G

G
r
a
n
t

(
4
1
0
1

:

A
s
s
i
s
t
a
n
c
e

t
o

F
i
r
e
f
i
g
h
t
e
r

G
r
a
n
t
)
10.a
Packet Pg. 112
A
t
t
a
c
h
m
e
n
t
:

A
F
G

G
r
a
n
t

(
4
1
0
1

:

A
s
s
i
s
t
a
n
c
e

t
o

F
i
r
e
f
i
g
h
t
e
r

G
r
a
n
t
)
10.a
Packet Pg. 113
A
t
t
a
c
h
m
e
n
t
:

A
F
G

G
r
a
n
t

(
4
1
0
1

:

A
s
s
i
s
t
a
n
c
e

t
o

F
i
r
e
f
i
g
h
t
e
r

G
r
a
n
t
)
10.a
Packet Pg. 114
A
t
t
a
c
h
m
e
n
t
:

A
F
G

G
r
a
n
t

(
4
1
0
1

:

A
s
s
i
s
t
a
n
c
e

t
o

F
i
r
e
f
i
g
h
t
e
r

G
r
a
n
t
)
10.a
Packet Pg. 115
A
t
t
a
c
h
m
e
n
t
:

A
F
G

G
r
a
n
t

(
4
1
0
1

:

A
s
s
i
s
t
a
n
c
e

t
o

F
i
r
e
f
i
g
h
t
e
r

G
r
a
n
t
)
10.a
Packet Pg. 116
A
t
t
a
c
h
m
e
n
t
:

A
F
G

G
r
a
n
t

(
4
1
0
1

:

A
s
s
i
s
t
a
n
c
e

t
o

F
i
r
e
f
i
g
h
t
e
r

G
r
a
n
t
)
10.a
Packet Pg. 117
A
t
t
a
c
h
m
e
n
t
:

A
F
G

G
r
a
n
t

(
4
1
0
1

:

A
s
s
i
s
t
a
n
c
e

t
o

F
i
r
e
f
i
g
h
t
e
r

G
r
a
n
t
)
10.a
Packet Pg. 118
A
t
t
a
c
h
m
e
n
t
:

A
F
G

G
r
a
n
t

(
4
1
0
1

:

A
s
s
i
s
t
a
n
c
e

t
o

F
i
r
e
f
i
g
h
t
e
r

G
r
a
n
t
)
10.a
Packet Pg. 119
A
t
t
a
c
h
m
e
n
t
:

A
F
G

G
r
a
n
t

(
4
1
0
1

:

A
s
s
i
s
t
a
n
c
e

t
o

F
i
r
e
f
i
g
h
t
e
r

G
r
a
n
t
)
10.a
Packet Pg. 120
A
t
t
a
c
h
m
e
n
t
:

A
F
G

G
r
a
n
t

(
4
1
0
1

:

A
s
s
i
s
t
a
n
c
e

t
o

F
i
r
e
f
i
g
h
t
e
r

G
r
a
n
t
)
10.a
Packet Pg. 121
A
t
t
a
c
h
m
e
n
t
:

A
F
G

G
r
a
n
t

(
4
1
0
1

:

A
s
s
i
s
t
a
n
c
e

t
o

F
i
r
e
f
i
g
h
t
e
r

G
r
a
n
t
)
10.a
Packet Pg. 122
A
t
t
a
c
h
m
e
n
t
:

A
F
G

G
r
a
n
t

(
4
1
0
1

:

A
s
s
i
s
t
a
n
c
e

t
o

F
i
r
e
f
i
g
h
t
e
r

G
r
a
n
t
)
10.a
Packet Pg. 123
A
t
t
a
c
h
m
e
n
t
:

A
F
G

G
r
a
n
t

(
4
1
0
1

:

A
s
s
i
s
t
a
n
c
e

t
o

F
i
r
e
f
i
g
h
t
e
r

G
r
a
n
t
)
10.a
Packet Pg. 124
A
t
t
a
c
h
m
e
n
t
:

A
F
G

G
r
a
n
t

(
4
1
0
1

:

A
s
s
i
s
t
a
n
c
e

t
o

F
i
r
e
f
i
g
h
t
e
r

G
r
a
n
t
)
10.a
Packet Pg. 125
A
t
t
a
c
h
m
e
n
t
:

A
F
G

G
r
a
n
t

(
4
1
0
1

:

A
s
s
i
s
t
a
n
c
e

t
o

F
i
r
e
f
i
g
h
t
e
r

G
r
a
n
t
)
10.a
Packet Pg. 126
A
t
t
a
c
h
m
e
n
t
:

A
F
G

G
r
a
n
t

(
4
1
0
1

:

A
s
s
i
s
t
a
n
c
e

t
o

F
i
r
e
f
i
g
h
t
e
r

G
r
a
n
t
)
AGENDA ITEM SUMMARY
Recommending Department: Parks & Recreation LSR No: 12713
Resolution -- Approving the Use of DART South Irving Transit Center
Parking Lot for Irving Main Street Event
1. This item supports Strategic Goal No. 7: Cultural, Recreational, and Educational
Environments.
2. Impact: The use of the South Irving Transit Center will allow the City of Irving to
utilize the parking lot area as a key venue for the Irving Main Street Event.
Recommendation
Contract Required: No Review Completed By: Carrie Norris
Previous Action: N/A
Council Action:
ATTACHMENTS:
City of Irving - Irving Main Street Event 2011 Agreement (PDF)
N/A
Prepared: 8/18/2011 01:05 PM by Durenda Pena
Last Updated: 8/24/2011 08:26 AM by Durenda Pena
11
Packet Pg. 127
CITY OF IRVING
SECTION I. THAT Council review and authorize the use of the South Irving Transit Center for the
Irving Main Street Event.
SECTION II. THAT this resolution shall take effect from and after its final date of passage, and it is
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
11
Packet Pg. 128
1
1
.
a
P
a
c
k
e
t

P
g
.

1
2
9
A t t a c h m e n t : C i t y o f I r v i n g - I r v i n g M a i n S t r e e t E v e n t 2 0 1 1 A g r e e m e n t ( 4 1 0 3 : 7 A G M T D A R T f o r U s e o f
1
1
.
a
P
a
c
k
e
t

P
g
.

1
3
0
1
1
.
a
P
a
c
k
e
t

P
g
.

1
3
1
1
1
.
a
P
a
c
k
e
t

P
g
.

1
3
2
1 1 . a
P a c k e t P g . 1 3 3
A
t
t
a
c
h
m
e
n
t
:

C
i
t
y

o
f

I
r
v
i
n
g

-

I
r
v
i
n
g

M
a
i
n

S
t
r
e
e
t

E
v
e
n
t

2
0
1
1

A
g
r
e
e
m
e
n
t

(
4
1
0
3

:

7

A
G
M
T

D
A
R
T

f
o
r

U
s
e

o
f
AGENDA ITEM SUMMARY
Recommending Department: Financial Services LSR No: 12729
Resolution -- Terminating the Economic Incentive Agreement with DCH
Materials, LP
sales tax rebate agreement will Drees Custom Homes (DCH) is no longer viable.
tax if either:
functions.
4. As Drees currently has a sales tax incentive with the City, sales from the Drees
purchasing office in Irving will no longer be recognized and has requested
termination of the existing agreement. Drees currently generates approximate
$238,000 in sales tax annually, of which the City rebates 65%. The net loss to the
City is approximately $83,000 annually.
Recommendation
Contract Required:
Review Completed By: Karen Brophy
Previous Action: Res. No. 9-8-05-280 Council Action: approved economic
development incentive agreement with DCH
Materials, LP
.
12
Packet Pg. 134
ATTACHMENTS:
Drees Termination Notification (PDF)
Comptroller Determination (PDF)
Drees Orginal Agreement (PDF)
Annual net loss of approximately $83,000 in sales tax beginning 9/1/11.
Prepared: 8/12/2011 02:34 PM by Brad Duff
12
Packet Pg. 135
CITY OF IRVING
WHEREAS, Council Resolution No. 9-8-05-280 approved an economic development incentive
agreement with DCH Materials, LP ("the Agreement"), to establish a retail center to consolidate taxable
sales of its affiliates in the state; and
WHEREAS, House Bill 590, passed in the 2011 regular legislative session, and effective
September 1, 2011, amends TEXAS TAX CODE 321.002(3) regarding the definition of the place of
business of the retailer for local sales and use tax purposes and that local sales taxes in certain cases
will be allocated at the suppliers location making it impractical to comply with the law and the
provisions of the Agreement; and
WHEREAS, DCH Materials, LP, has provided notice of termination pursuant to section 6.01(e)
of the Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IRVING, TEXAS:
SECTION I. THAT the City Council acknowledges the termination of the Agreement under
section 6.01(e), effective August 31, 2011.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
12
Packet Pg. 136
1
2
.
a
P
a
c
k
e
t

P
g
.

1
3
7
A t t a c h m e n t : D r e e s T e r m i n a t i o n N o t i f i c a t i o n ( 4 0 8 7 : 8 T e r m i n a t i o n o f D r e e s S a l e s T a x I n c e n t i v e )
1
2
.
a
P
a
c
k
e
t

P
g
.

1
3
8
1
2
.
a
P
a
c
k
e
t

P
g
.

1
3
9
1
2
.
a
P
a
c
k
e
t

P
g
.

1
4
0
1
2
.
b
P
a
c
k
e
t

P
g
.

1
4
1
A t t a c h m e n t : C o m p t r o l l e r D e t e r m i n a t i o n ( 4 0 8 7 : 8 T e r m i n a t i o n o f D r e e s S a l e s T a x I n c e n t i v e )
1
2
.
b
P
a
c
k
e
t

P
g
.

1
4
2
A t t a c h m e n t : C o m p t r o l l e r D e t e r m i n a t i o n ( 4 0 8 7 : 8 T e r m i n a t i o n o f D r e e s S a l e s T a x I n c e n t i v e )
1
2
.
c
P
a
c
k
e
t

P
g
.

1
4
3
A t t a c h m e n t : D r e e s O r g i n a l A g r e e m e n t ( 4 0 8 7 : 8 T e r m i n a t i o n o f D r e e s S a l e s T a x I n c e n t i v e )
1
2
.
c
P
a
c
k
e
t

P
g
.

1
4
4
1
2
.
c
P
a
c
k
e
t

P
g
.

1
4
5
1
2
.
c
P
a
c
k
e
t

P
g
.

1
4
6
1
2
.
c
P
a
c
k
e
t

P
g
.

1
4
7
1
2
.
c
P
a
c
k
e
t

P
g
.

1
4
8
1
2
.
c
P
a
c
k
e
t

P
g
.

1
4
9
1
2
.
c
P
a
c
k
e
t

P
g
.

1
5
0
1
2
.
c
P
a
c
k
e
t

P
g
.

1
5
1
1
2
.
c
P
a
c
k
e
t

P
g
.

1
5
2
1
2
.
c
P
a
c
k
e
t

P
g
.

1
5
3
1
2
.
c
P
a
c
k
e
t

P
g
.

1
5
4
1
2
.
c
P
a
c
k
e
t

P
g
.

1
5
5
1
2
.
c
P
a
c
k
e
t

P
g
.

1
5
6
1
2
.
c
P
a
c
k
e
t

P
g
.

1
5
7
AGENDA ITEM SUMMARY
Resolution -- Terminating the Economic Incentive Agreement with Lennar
Trading Company, L.P.
sales tax rebate agreement will Lennar Homes is no longer viable.
tax if either:
functions.
4. As Lennar currently has a sales tax incentive with the City, sales tax from the
Lennar purchasing office in Irving will no longer be recognized. Lennar currently
generates approximately $1 million of sales tax annually, of which the City rebates
75% on a monthly basis. In addition, the City also has an agreement with the
developers of the Supermall site that splits the remaining sales tax, after the rebate
to Lennar, 50/50 with the developer of the Supermall Site at Hwy. 635 and
MacArthur Blvd. This agreement is also being terminated as there will be no further
sales to rebate. The net loss to the City is approximately $112,000 annually.

Recommendation
Contract Required:
Previous Action: Res. 2-19-04-080 Council Action: approved economic
development incentive agreement with Lennar
13
Packet Pg. 158
Trading Company, LP
.
ATTACHMENTS:
Lennar Agreement (PDF)
635 Phillips Lennar Agreement (PDF)
Lennar Termination Notification 2011 (PDF)
Annual net loss of Approximately $112,000 in sales tax beginning 9/1/11.
13
Packet Pg. 159
CITY OF IRVING
WHEREAS, Council Resolution No. 2-19-04-080 approved an economic development
incentive agreement with Lennar Trading Company, L.P. ("the Agreement"), to establish a retail center
to consolidate taxable sales of its affiliates in the state; and
provisions of the Agreement; and
WHEREAS, Lennar Trading Company, L.P., has provided notice of termination pursuant to
section 6.01(e) of the Agreement;
IRVING, TEXAS:
SECTION I. THAT the City Council acknowledges the termination of the Agreement under
section 6.01(e), effective August 31, 2011.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
13
Packet Pg. 160
1
3
.
a
P
a
c
k
e
t

P
g
.

1
6
1
A t t a c h m e n t : C o m p t r o l l e r D e t e r m i n a t i o n ( 4 0 8 8 : 8 T e r m i n a t i n g o f L e n n a r S a l e s T a x I n c e n t i v e )
1
3
.
a
P
a
c
k
e
t

P
g
.

1
6
2
A t t a c h m e n t : C o m p t r o l l e r D e t e r m i n a t i o n ( 4 0 8 8 : 8 T e r m i n a t i n g o f L e n n a r S a l e s T a x I n c e n t i v e )
13.b
Packet Pg. 163
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

A
g
r
e
e
m
e
n
t

(
4
0
8
8

:

8

T
e
r
m
i
n
a
t
i
n
g

o
f

L
e
n
n
a
r

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
13.b
Packet Pg. 164
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

A
g
r
e
e
m
e
n
t

(
4
0
8
8

:

8

T
e
r
m
i
n
a
t
i
n
g

o
f

L
e
n
n
a
r

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
13.b
Packet Pg. 165
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

A
g
r
e
e
m
e
n
t

(
4
0
8
8

:

8

T
e
r
m
i
n
a
t
i
n
g

o
f

L
e
n
n
a
r

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
13.b
Packet Pg. 166
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

A
g
r
e
e
m
e
n
t

(
4
0
8
8

:

8

T
e
r
m
i
n
a
t
i
n
g

o
f

L
e
n
n
a
r

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
13.b
Packet Pg. 167
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

A
g
r
e
e
m
e
n
t

(
4
0
8
8

:

8

T
e
r
m
i
n
a
t
i
n
g

o
f

L
e
n
n
a
r

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
13.b
Packet Pg. 168
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

A
g
r
e
e
m
e
n
t

(
4
0
8
8

:

8

T
e
r
m
i
n
a
t
i
n
g

o
f

L
e
n
n
a
r

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
13.b
Packet Pg. 169
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

A
g
r
e
e
m
e
n
t

(
4
0
8
8

:

8

T
e
r
m
i
n
a
t
i
n
g

o
f

L
e
n
n
a
r

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
13.b
Packet Pg. 170
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

A
g
r
e
e
m
e
n
t

(
4
0
8
8

:

8

T
e
r
m
i
n
a
t
i
n
g

o
f

L
e
n
n
a
r

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
13.b
Packet Pg. 171
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

A
g
r
e
e
m
e
n
t

(
4
0
8
8

:

8

T
e
r
m
i
n
a
t
i
n
g

o
f

L
e
n
n
a
r

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
13.b
Packet Pg. 172
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

A
g
r
e
e
m
e
n
t

(
4
0
8
8

:

8

T
e
r
m
i
n
a
t
i
n
g

o
f

L
e
n
n
a
r

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
13.b
Packet Pg. 173
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

A
g
r
e
e
m
e
n
t

(
4
0
8
8

:

8

T
e
r
m
i
n
a
t
i
n
g

o
f

L
e
n
n
a
r

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
13.b
Packet Pg. 174
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

A
g
r
e
e
m
e
n
t

(
4
0
8
8

:

8

T
e
r
m
i
n
a
t
i
n
g

o
f

L
e
n
n
a
r

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
1
3
.
c
P
a
c
k
e
t

P
g
.

1
7
5
A t t a c h m e n t : 6 3 5 P h i l l i p s L e n n a r A g r e e m e n t ( 4 0 8 8 : 8 T e r m i n a t i n g o f L e n n a r S a l e s T a x I n c e n t i v e )
1
3
.
c
P
a
c
k
e
t

P
g
.

1
7
6
1
3
.
c
P
a
c
k
e
t

P
g
.

1
7
7
1
3
.
c
P
a
c
k
e
t

P
g
.

1
7
8
1
3
.
c
P
a
c
k
e
t

P
g
.

1
7
9
1
3
.
c
P
a
c
k
e
t

P
g
.

1
8
0
1
3
.
c
P
a
c
k
e
t

P
g
.

1
8
1
13.d
Packet Pg. 182
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

T
e
r
m
i
n
a
t
i
o
n

N
o
t
i
f
i
c
a
t
i
o
n

2
0
1
1

(
4
0
8
8

:

8

T
e
r
m
i
n
a
t
i
n
g

o
f

L
e
n
n
a
r

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
13.d
Packet Pg. 183
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

T
e
r
m
i
n
a
t
i
o
n

N
o
t
i
f
i
c
a
t
i
o
n

2
0
1
1

(
4
0
8
8

:

8

T
e
r
m
i
n
a
t
i
n
g

o
f

L
e
n
n
a
r

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
13.d
Packet Pg. 184
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

T
e
r
m
i
n
a
t
i
o
n

N
o
t
i
f
i
c
a
t
i
o
n

2
0
1
1

(
4
0
8
8

:

8

T
e
r
m
i
n
a
t
i
n
g

o
f

L
e
n
n
a
r

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
13.d
Packet Pg. 185
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

T
e
r
m
i
n
a
t
i
o
n

N
o
t
i
f
i
c
a
t
i
o
n

2
0
1
1

(
4
0
8
8

:

8

T
e
r
m
i
n
a
t
i
n
g

o
f

L
e
n
n
a
r

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
13.d
Packet Pg. 186
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

T
e
r
m
i
n
a
t
i
o
n

N
o
t
i
f
i
c
a
t
i
o
n

2
0
1
1

(
4
0
8
8

:

8

T
e
r
m
i
n
a
t
i
n
g

o
f

L
e
n
n
a
r

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
13.d
Packet Pg. 187
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

T
e
r
m
i
n
a
t
i
o
n

N
o
t
i
f
i
c
a
t
i
o
n

2
0
1
1

(
4
0
8
8

:

8

T
e
r
m
i
n
a
t
i
n
g

o
f

L
e
n
n
a
r

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
13.d
Packet Pg. 188
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

T
e
r
m
i
n
a
t
i
o
n

N
o
t
i
f
i
c
a
t
i
o
n

2
0
1
1

(
4
0
8
8

:

8

T
e
r
m
i
n
a
t
i
n
g

o
f

L
e
n
n
a
r

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
13.d
Packet Pg. 189
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

T
e
r
m
i
n
a
t
i
o
n

N
o
t
i
f
i
c
a
t
i
o
n

2
0
1
1

(
4
0
8
8

:

8

T
e
r
m
i
n
a
t
i
n
g

o
f

L
e
n
n
a
r

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
13.d
Packet Pg. 190
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

T
e
r
m
i
n
a
t
i
o
n

N
o
t
i
f
i
c
a
t
i
o
n

2
0
1
1

(
4
0
8
8

:

8

T
e
r
m
i
n
a
t
i
n
g

o
f

L
e
n
n
a
r

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
13.d
Packet Pg. 191
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

T
e
r
m
i
n
a
t
i
o
n

N
o
t
i
f
i
c
a
t
i
o
n

2
0
1
1

(
4
0
8
8

:

8

T
e
r
m
i
n
a
t
i
n
g

o
f

L
e
n
n
a
r

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
13.d
Packet Pg. 192
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

T
e
r
m
i
n
a
t
i
o
n

N
o
t
i
f
i
c
a
t
i
o
n

2
0
1
1

(
4
0
8
8

:

8

T
e
r
m
i
n
a
t
i
n
g

o
f

L
e
n
n
a
r

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
13.d
Packet Pg. 193
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

T
e
r
m
i
n
a
t
i
o
n

N
o
t
i
f
i
c
a
t
i
o
n

2
0
1
1

(
4
0
8
8

:

8

T
e
r
m
i
n
a
t
i
n
g

o
f

L
e
n
n
a
r

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
13.d
Packet Pg. 194
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

T
e
r
m
i
n
a
t
i
o
n

N
o
t
i
f
i
c
a
t
i
o
n

2
0
1
1

(
4
0
8
8

:

8

T
e
r
m
i
n
a
t
i
n
g

o
f

L
e
n
n
a
r

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
AGENDA ITEM SUMMARY
Recommending Department: Financial Services LSR No: 12___
Resolution -- Terminating the Economic Incentive Agreement with 635
Phillips Limited Partnership
sales tax rebate agreement to 635 Phillips for sales tax generated by Lennar
Homes is no longer viable.
3. The developers of the Supermall at 635 and MacArthur currently receive a
percentage of the sales tax generated by Lennar as a provision of Lennar locating
within the Supermall which has its own developer reimbursement agreement.
4. As the new sales tax allocation method prevents Lennar Trading Company from
further sales tax generation in Irving, the associated agreement with 635 Phillips is
also being terminated.
5. The attached resolution terminates the economic incentive agreement effective
August 31, 2011.
Recommendation
Contract Required:
Previous Action: Res. 2-19-04-079 Council Action: approved economic
development incentive agreement with 635
Phillips, LP
.
ATTACHMENTS:
Lennar Agreement (PDF)
635 Phillips Lennar Agreement (PDF)
Lennar Termination Notification 2011 (PDF)
14
Packet Pg. 195
N/A
Last Updated: 8/25/2011 05:10 PM by Brad Duff
14
Packet Pg. 196
CITY OF IRVING
WHEREAS, Council resolution No. 2-19-04-079 approved a Second Amendment to Contract
for City of Irving Participation in Public Improvements with 635 Phillips L.P. [the 635 Phillips
Agreement] related to an economic development incentive agreement with Lennar Trading Company,
L.P. [the Lennar Agreement] to establish a retail center to consolidate taxable sales of its affiliates in
the state; and
provisions of the Lennar Agreement; and
WHEREAS, Lennar Trading Company, L.P. has provided notice of termination and the city
council has acknowledged the termination of the Lennar Agreement effective August 31, 2011,
pursuant to section 6.01(e) of the Lennar Agreement; and
WHEREAS, the 635 Phillips Agreement provides that it shall terminate upon the termination of
the economic development incentive agreement with Lennar Trading Company, L.P.;
IRVING, TEXAS:
SECTION I. THAT the city council acknowledges the termination of the Second Amendment to
Contract for City of Irving Participation in Public Improvements with 635 Phillips
L.P. as provided in part 1 of the paragraph titled Termination effective August 31,
2011.
SECTION II. THAT the Original Participation Agreement dated April 18, 1996, and as amended by
that certain First Amendment to Contract for City of Irving Participation in Public
Improvements, dated February 19, 1998, shall remain in full force and effect.
14
Packet Pg. 197
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
14
Packet Pg. 198
1
4
.
a
P
a
c
k
e
t

P
g
.

1
9
9
A t t a c h m e n t : C o m p t r o l l e r D e t e r m i n a t i o n ( 4 1 1 2 : 8 T e r m . L e n n a r 6 3 5 P h i l l i p s S a l e s T a x I n c e n t i v e )
1
4
.
a
P
a
c
k
e
t

P
g
.

2
0
0
A t t a c h m e n t : C o m p t r o l l e r D e t e r m i n a t i o n ( 4 1 1 2 : 8 T e r m . L e n n a r 6 3 5 P h i l l i p s S a l e s T a x I n c e n t i v e )
14.b
Packet Pg. 201
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

A
g
r
e
e
m
e
n
t

(
4
1
1
2

:

8

T
e
r
m
.

L
e
n
n
a
r

6
3
5

P
h
i
l
l
i
p
s

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
14.b
Packet Pg. 202
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

A
g
r
e
e
m
e
n
t

(
4
1
1
2

:

8

T
e
r
m
.

L
e
n
n
a
r

6
3
5

P
h
i
l
l
i
p
s

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
14.b
Packet Pg. 203
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

A
g
r
e
e
m
e
n
t

(
4
1
1
2

:

8

T
e
r
m
.

L
e
n
n
a
r

6
3
5

P
h
i
l
l
i
p
s

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
14.b
Packet Pg. 204
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

A
g
r
e
e
m
e
n
t

(
4
1
1
2

:

8

T
e
r
m
.

L
e
n
n
a
r

6
3
5

P
h
i
l
l
i
p
s

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
14.b
Packet Pg. 205
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

A
g
r
e
e
m
e
n
t

(
4
1
1
2

:

8

T
e
r
m
.

L
e
n
n
a
r

6
3
5

P
h
i
l
l
i
p
s

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
14.b
Packet Pg. 206
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

A
g
r
e
e
m
e
n
t

(
4
1
1
2

:

8

T
e
r
m
.

L
e
n
n
a
r

6
3
5

P
h
i
l
l
i
p
s

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
14.b
Packet Pg. 207
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

A
g
r
e
e
m
e
n
t

(
4
1
1
2

:

8

T
e
r
m
.

L
e
n
n
a
r

6
3
5

P
h
i
l
l
i
p
s

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
14.b
Packet Pg. 208
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

A
g
r
e
e
m
e
n
t

(
4
1
1
2

:

8

T
e
r
m
.

L
e
n
n
a
r

6
3
5

P
h
i
l
l
i
p
s

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
14.b
Packet Pg. 209
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

A
g
r
e
e
m
e
n
t

(
4
1
1
2

:

8

T
e
r
m
.

L
e
n
n
a
r

6
3
5

P
h
i
l
l
i
p
s

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
14.b
Packet Pg. 210
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

A
g
r
e
e
m
e
n
t

(
4
1
1
2

:

8

T
e
r
m
.

L
e
n
n
a
r

6
3
5

P
h
i
l
l
i
p
s

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
14.b
Packet Pg. 211
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

A
g
r
e
e
m
e
n
t

(
4
1
1
2

:

8

T
e
r
m
.

L
e
n
n
a
r

6
3
5

P
h
i
l
l
i
p
s

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
14.b
Packet Pg. 212
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

A
g
r
e
e
m
e
n
t

(
4
1
1
2

:

8

T
e
r
m
.

L
e
n
n
a
r

6
3
5

P
h
i
l
l
i
p
s

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
1
4
.
c
P
a
c
k
e
t

P
g
.

2
1
3
A t t a c h m e n t : 6 3 5 P h i l l i p s L e n n a r A g r e e m e n t ( 4 1 1 2 : 8 T e r m . L e n n a r 6 3 5 P h i l l i p s S a l e s T a x I n c e n t i v e )
1
4
.
c
P
a
c
k
e
t

P
g
.

2
1
4
1
4
.
c
P
a
c
k
e
t

P
g
.

2
1
5
1
4
.
c
P
a
c
k
e
t

P
g
.

2
1
6
1
4
.
c
P
a
c
k
e
t

P
g
.

2
1
7
1
4
.
c
P
a
c
k
e
t

P
g
.

2
1
8
1
4
.
c
P
a
c
k
e
t

P
g
.

2
1
9
14.d
Packet Pg. 220
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

T
e
r
m
i
n
a
t
i
o
n

N
o
t
i
f
i
c
a
t
i
o
n

2
0
1
1

(
4
1
1
2

:

8

T
e
r
m
.

L
e
n
n
a
r

6
3
5

P
h
i
l
l
i
p
s

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
14.d
Packet Pg. 221
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

T
e
r
m
i
n
a
t
i
o
n

N
o
t
i
f
i
c
a
t
i
o
n

2
0
1
1

(
4
1
1
2

:

8

T
e
r
m
.

L
e
n
n
a
r

6
3
5

P
h
i
l
l
i
p
s

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
14.d
Packet Pg. 222
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

T
e
r
m
i
n
a
t
i
o
n

N
o
t
i
f
i
c
a
t
i
o
n

2
0
1
1

(
4
1
1
2

:

8

T
e
r
m
.

L
e
n
n
a
r

6
3
5

P
h
i
l
l
i
p
s

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
14.d
Packet Pg. 223
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

T
e
r
m
i
n
a
t
i
o
n

N
o
t
i
f
i
c
a
t
i
o
n

2
0
1
1

(
4
1
1
2

:

8

T
e
r
m
.

L
e
n
n
a
r

6
3
5

P
h
i
l
l
i
p
s

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
14.d
Packet Pg. 224
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

T
e
r
m
i
n
a
t
i
o
n

N
o
t
i
f
i
c
a
t
i
o
n

2
0
1
1

(
4
1
1
2

:

8

T
e
r
m
.

L
e
n
n
a
r

6
3
5

P
h
i
l
l
i
p
s

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
14.d
Packet Pg. 225
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

T
e
r
m
i
n
a
t
i
o
n

N
o
t
i
f
i
c
a
t
i
o
n

2
0
1
1

(
4
1
1
2

:

8

T
e
r
m
.

L
e
n
n
a
r

6
3
5

P
h
i
l
l
i
p
s

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
14.d
Packet Pg. 226
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

T
e
r
m
i
n
a
t
i
o
n

N
o
t
i
f
i
c
a
t
i
o
n

2
0
1
1

(
4
1
1
2

:

8

T
e
r
m
.

L
e
n
n
a
r

6
3
5

P
h
i
l
l
i
p
s

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
14.d
Packet Pg. 227
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

T
e
r
m
i
n
a
t
i
o
n

N
o
t
i
f
i
c
a
t
i
o
n

2
0
1
1

(
4
1
1
2

:

8

T
e
r
m
.

L
e
n
n
a
r

6
3
5

P
h
i
l
l
i
p
s

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
14.d
Packet Pg. 228
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

T
e
r
m
i
n
a
t
i
o
n

N
o
t
i
f
i
c
a
t
i
o
n

2
0
1
1

(
4
1
1
2

:

8

T
e
r
m
.

L
e
n
n
a
r

6
3
5

P
h
i
l
l
i
p
s

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
14.d
Packet Pg. 229
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

T
e
r
m
i
n
a
t
i
o
n

N
o
t
i
f
i
c
a
t
i
o
n

2
0
1
1

(
4
1
1
2

:

8

T
e
r
m
.

L
e
n
n
a
r

6
3
5

P
h
i
l
l
i
p
s

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
14.d
Packet Pg. 230
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

T
e
r
m
i
n
a
t
i
o
n

N
o
t
i
f
i
c
a
t
i
o
n

2
0
1
1

(
4
1
1
2

:

8

T
e
r
m
.

L
e
n
n
a
r

6
3
5

P
h
i
l
l
i
p
s

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
14.d
Packet Pg. 231
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

T
e
r
m
i
n
a
t
i
o
n

N
o
t
i
f
i
c
a
t
i
o
n

2
0
1
1

(
4
1
1
2

:

8

T
e
r
m
.

L
e
n
n
a
r

6
3
5

P
h
i
l
l
i
p
s

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
14.d
Packet Pg. 232
A
t
t
a
c
h
m
e
n
t
:

L
e
n
n
a
r

T
e
r
m
i
n
a
t
i
o
n

N
o
t
i
f
i
c
a
t
i
o
n

2
0
1
1

(
4
1
1
2

:

8

T
e
r
m
.

L
e
n
n
a
r

6
3
5

P
h
i
l
l
i
p
s

S
a
l
e
s

T
a
x

I
n
c
e
n
t
i
v
e
)
AGENDA ITEM SUMMARY
Recommending Department: City Attorneys Office LSR No: 10522
Resolution -- Authorizing the City Attorneys Office to File a Lawsuit(s) to
Require Code Compliance on Property Located at 310-370 Brown Drive,
Irving, Texas
1. This item supports Strategic Goals No. 2. Vibrant Neighborhoods and No. 4 Safe
and Secure City.
2. Impact: The suit(s) will seek to address code violations at the multi-family property
located at 310-370 Brown Drive, Irving, Texas.
3. The property located at 310-370 Brown Drive, Irving, Texas, (Property) is an 85-
unit apartment complex.
4. The Property has numerous code violations, including electrical and plumbing
violations.
5. In addition, in settlement of two previous lawsuits that the owner filed against the
City of Irving, appealing civil penalties assessed by the Building and Standards
Commission, the owner agreed to pay $17,000.00 plus interest. To date, that
amount remains unpaid.
6. The resolution regarding the Property authorizes the City to file lawsuit(s) pursuant
to Chapters 54 and 211 of the Texas Local Government and other law to: a) enforce
the Citys monetary settlement, possibly through foreclosure; b) compel the owner
to bring the Property into compliance with the Citys ordinances or demolish the
Property; c) allow the City to demolish the Property; d) recover civil penalties and
court costs; and e) take any other action allowed by law to bring the Property into
compliance.
Recommendation
Contract Required: No Review Completed By: N/A
In 2009 and 2010, the owner of the Property, Villas of Irving, Ltd., filed suit against the
Building and Standards Commission for two of its orders. In 2010, the Commission's case
was closed for compliance and the lawsuit was settled with the owner agreeing to pay the City
$17,000 plus interest. This amount remains unpaid. On August 15, 2011, the City Attorney's
Office sent a demand letter to the owner. On August 19, 2011, the City Attorney's Office
exchanged e-mails with Mr. Don Robinson, the principal of the owner, regarding the
outstanding civil penalties.
15
Packet Pg. 233
The Property again fell into disrepair and in April 2011 received a risk rating of 4. In addition,
the Code Enforcement Department has issued citations against the owner. On July 6, 2011,
the City Attorney's Office sent the owner a letter detailing all of the violations and inviting the
owner to a meeting. At the request of the owner or its attorney, the meeting was rescheduled
twice, but the owner cancelled the latest scheduled meeting. On August 1, 2011, the City
Attorney's Office sent Mr. Robinson a repair agreement. Negotiations on the repair
agreement ceased progressing on August 12, 2011. As late as August 19, 2011, the City
Attorney's Office received an e-mail from Mr. Robinson promising that he is hiring an attorney
and will try to resolve all issues with the City. On August 19, 2011, Villas of Irving, Ltd. was
informed of this agenda item by an e-mail to Mr. Robinson.
NONE
Prepared: 8/19/2011 01:01 PM by Rebecca Maddux
Last Updated: 8/23/2011 04:02 PM by Belinda Rowlett
15
Packet Pg. 234
CITY OF IRVING
SECTION I. THAT the City Attorney is hereby authorized to file suit(s) and take all legal action
authorized by Chapters 54 and 211 of the Texas Local Government Code and other
law concerning the property located at 310-370 Brown Drive and to a) enforce the
Citys money judgment, possibly through foreclosure; b) compel the owner to bring
the Property into compliance with the Citys ordinances or demolish the Property; c)
allow the City to demolish the Property; d) recover civil penalties and court costs; and
e) take any other action allowed by law to bring the Property into compliance.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
15
Packet Pg. 235
AGENDA ITEM SUMMARY
Resolution -- Authorizing the City Attorneys Office to File a Lawsuit to
Require Code Compliance on Property Located at 307 and 307-1/2 High
School Lane, Irving, Texas
1. This item supports Strategic Goals; No. 2: Vibrant Neighborhoods and No. 4: Safe
and Secure City.
307 and 307-1/2 High School Lane, Irving, Texas.
3. The property has numerous code violations, including exposed wood, a damaged
roof, exposed electrical wires, structural issues, and wall penetrations in violation of
The Code of Civil and Criminal Ordinances of the City of Irving, Texas.
4. The resolution authorizes the City Attorneys Office to file suit on behalf of the City
and take all legal action authorized by Chapter 54 of the Texas Local Government
Code and other applicable law concerning the property located at 307 and 307-1/2
High School Lane, Irving, Texas.
Recommendation
After notice and a hearing on November 18, 2010, the City of Irving Building and Standards
Commission issued an order, ordering the owners or any persons with interest in the Property
to repair or demolish the Property on or before January 9, 2011. Thereafter, no repair or
demolition occurred. On March 17, 2011, the Commission entered a demolition order that
ordered the owner to demolish the Property and allowed the City to do so if the owner did not.
Neither order has been appealed.
NONE
Prepared: 8/9/2011 04:32 PM by Belinda Rowlett
16
Packet Pg. 236
CITY OF IRVING
SECTION I. THAT the City Council hereby authorizes the City Attorneys Office to file suit and
take all legal action authorized by Chapters 54 of the Texas Local Government Code
and other applicable law concerning the property located at 307 and 307-1/2 High
School Lane, Irving, Texas, and a) seek demolition of the property; b) allow the City
to demolish the property and place a lien on the property for its costs; c) recover civil
penalties and court costs; and d) seek such other relief as may become necessary
through the pendency of the lawsuit.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
16
Packet Pg. 237
AGENDA ITEM SUMMARY
Resolution -- Authorizing the City Attorneys Office to File a Lawsuit to
Require Zoning and Code Compliance on Property Located at 1609 Dale
Place, Irving, Texas
1. This item supports Strategic Goal No. 2: Vibrant Neighborhoods.
2. Impact: This suit will seek to address code violations at the property located at 1609 Dale
Place, Irving, Texas.
3. The owner of the property located at 1609 Dale Place, Irving, Texas, (Property) maintains
his property with outside storage, junk, and refuse in violation of the Citys zoning laws and
The Code of Civil and Criminal Ordinances. In addition, he is attempting to construct a
fence with unapproved fence materials.
4. For over a year, the Code Enforcement Department has been trying to gain compliance at
the Property and have issued seven citations.
5. Outside storage, junk, and refuse issues are ongoing.
6. The resolution regarding the Property authorizes the City to file a lawsuit pursuant to
Chapters 54 and 211 of the Texas Local Government Code to: a) compel the owner to
remove the outside storage, junk, refuse, and fence from the Property and to maintain the
Property free from such materials; b) compel the owner to abate any other violations that
arise during the pendency of the lawsuit; c) allow the City to remove the outside storage,
junk, refuse, and fence and place a lien on the Property for its costs; and d) recover civil
penalties and court costs.
Recommendation
The Code Enforcement Department began its effort to seek compliance at this property in
June 2010. Since that time, seven citations have been issued, resulting in four warrants and
fines owed to the City in the amount of $ 3,279.00.
On July 6, 2011, the City sent the owner of the Property a letter, listing the violations and
inviting the owner to a meeting. Members of the Code Enforcement Department and the City
Attorney's Office met with the owner on July 22, 2011, to discuss the issues at the Property.
At the owner's request, a code inspector and a building inspector met him at the Property on
July 26, 2011 to discuss the materials he was using for fencing. On July 28, 2011, the City
Attorney's Office sent the owner a letter transmitting a proposed repair agreement and asking
the owner to propose dates for compliance by August 10, 2011. When the City did not
receive the repair agreement returned with proposed dates and confirmed continuing
17
Packet Pg. 238
violations, the City Attorney's Office sent the owner a letter on August 12, 2011, informing him
that this resolution is being presented.
NONE
Prepared: 8/11/2011 01:18 PM by Belinda Rowlett
17
Packet Pg. 239
CITY OF IRVING
SECTION I. THAT the City Attorney is hereby authorized to file suit and take all legal action
authorized by Chapters 54 and 211 of the Texas Local Government Code concerning
the property located at 1609 Dale Place and to a) compel the owner to remove the
outside storage, junk, refuse, and fence from the property and to maintain the property
free from such materials; b) compel the owner to abate any other violations that arise
during the pendency of the lawsuit; c) allow the City to remove the outside storage,
junk, refuse, and fence and place a lien on the property for its costs; and d) recover
civil penalties and court costs.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
17
Packet Pg. 240
AGENDA ITEM SUMMARY
Recommending Department: Capital Improvement Program LSR No: 12607
Resolution -- Approving an Engineering Services Agreement Between the
City of Irving and Freese and Nichols, Inc., for the Design of the Delaware
Creek Channel Improvements Project
2. Impact: This consulting contract will design the proposed capacity improvements of
the Delaware Creek Channel to contain the 100 year flood event inside the
improved channel from MacArthur Blvd. to SH 183 in Jaycee Park. The capacity of
the Delaware Creek Channel between Grauwyler Road and SH 183 will have to be
increased to handle the increased storm run-off from the future widening of SH 183.
3. This project will design the size and depth of the concrete channel improvements
and the removal and replacement of all existing bridges along this corridor. This
design is needed to prepare for the potential acceleration of the improvements to
SH 183.
4. This project will also design the improvements to the 36-inch wastewater line to be
placed along the improved channel. These improvements will provide better
wastewater capacity and decrease inflow and infiltration of groundwater into the
citys wastewater system.
5. Request for qualifications were solicited for the design of channel, water and
wastewater improvements. Qualifications were received from 21 firms. Four were
chosen to be interviewed. Freese and Nichols, Inc., was determined to be the firm
to have the best design team expertise and experience for the design of the work
solicited.
6. Staff negotiated a fair and reasonable agreement with Freese and Nichols, Inc., for
these services in the amount of $1,200,525.00 and recommends award. Staff
negotiated the total fee down from 12% to 10.3% of the proposed $11,700,000.00
construction budget.
26%.
8. Funding in the amount of $227,000.00 is available in the Sanitary Sewer Bond Fund
and $973,525.00 is available in the Storm Water Bond Fund.
Recommendation
Contract Required: Yes Review Completed By: Karen Brophy
Previous Action: RES-2011-153 Council Action: Approve Authority to Negotiate
18
Packet Pg. 241
.
The grading criteria for the selection was:
Experience with RELEVANT projects, which include concrete channel, bridge, and
wastewater improvements within a fully developed urban area. Knowledge and previous
experience with 404 permits, CLOMRs and LOMRs. (25%)
Ability, capacity, skill and organization of the respondent to complete the project within budget
and in an established timeline. Examples of past RELEVANT projects will be helpful in
relating past experiences. Designs for the proposed sites will not be necessary. (15%)
Manner in which the consultant interacts with the various groups involved with the
development of a project (such as regulatory agencies and City staff). (10%)
Anticipated steps and timeline required to complete all tasks to publicly bid project. (10%)
Financial stability and credit history. (5%)
The character, integrity, reputation, judgment, experience, location and efficiency of the
respondent. (10%)
Ability to adequately convey his perceptions of the scope, opportunities and constraints
surrounding these types of projects. (10%)
Feedback from references. (15%)
ATTACHMENTS:
Delaware Creek - Grauwyler to 183 (PDF)
Delaware Creek Engineering Design Services Agmt (PDF)
4006-1902-77005-911017 Budget: $973,525.00 Actual: $973,525.00
5412-3271-77005-911017 Budget: $227,000.00 Actual: $227,000.00
P0190767
Budget Adjustment/Transfer Required: No
Prepared: 8/15/2011 04:24 PM by Lana King
Last Updated: 8/25/2011 01:32 PM by Lana King
18
Packet Pg. 242
CITY OF IRVING
SECTION I. THAT the City Council hereby approves the attached agreement between the City of
Irving and Freese and Nichols, Inc., for design services in connection with Delaware
Creek Channel Improvements Project in an amount not to exceed $1,200,525.00, and
the Mayor is authorized to execute said agreement.
SECTION II. THAT this expenditure shall be charged to Account No. 4006-1902-77005-911017 in
the amount of $973,525.00 and Account No. 5412-3271-77005-911017 in the amount
of $227,000.00.
__________________________________
Max S. Duplant, CPA
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
18
Packet Pg. 243
G R A U W Y L E R G R A U W Y L E R
M

A

C

A

R

T

H

U

R
M

A

C

A

R

T

H

U

R
S

T

O

R

Y
S

T

O

R

Y
1" = 800'
June, 2011
PROPOSED CONCRETE CHANNEL IMPROVEMENTS
PROPOSED 36" SANITARY SEWER MAIN
DELAWARE CREEK DELAWARE CREEK
CHANNEL IMPROVEMENTS CHANNEL IMPROVEMENTS
D:\GIS\2011\Exhibits\Sanitary Sewer Delaware Creek.mxd
18.a
Packet Pg. 244
A
t
t
a
c
h
m
e
n
t
:

D
e
l
a
w
a
r
e

C
r
e
e
k

-

G
r
a
u
w
y
l
e
r

t
o

1
8
3

(
4
0
9
1

:

1
9

A
g
m
t

F
r
e
e
s
e

&

N
i
c
h
o
l
s

f
o
r

D
e
l
a
w
a
r
e

C
r
k

C
h

I
m
p
r
)
Page 1
AGREEMENT FOR ENGINEERING DESIGN SERVICES

This AGREEMENT is made and entered into this day of , 20 ,
by and between the City of Irving, Texas hereinafter called the OWNER, and Freese and Nichols,
Inc. hereinafter called the ENGINEER.

RECITALS

WHEREAS, the OWNER intends to construct the Delaware Creek Channel
Improvements, hereinafter referred to as the PROJECT. The PROJECT includes the design of
approximately 7,000 linear feet (lf) of concrete-lined channel improvements from approximately
1,000 feet downstream of MacArthur Boulevard upstream to SH 183, approximately 5,000 lf of
sanitary sewer main improvements from Live Oak Drive upstream to SH 183, design of seven (7)
proposed bridge/culvert crossings of Delaware Creek to include: Live Oak Drive, Cripple Creek
Drive, Sunnybrook Drive, Green Oaks Drive, Oak Meadow Drive, William Brewster Street and
Puritan Drive and the removal and replacement of two (2) existing pedestrian bridges. Additional
project tasks include preparation of an alignment study and preliminary engineering report
summarizing proposed changes in conceptual hydraulic modeling/channel/bridge/culvert sizing
and proposed sanitary sewer sizing/location before proceeding with final design. Additional
PROJECT tasks include design field survey, subsurface utility engineering (SUE), structural
design for proposed channel/bridge/culvert improvements, environmental US Army Corps of
Engineers (USACE) Section 404 permitting, public involvement, and preparation and
submission of a request for Letter of Map Revision (LOMR) to FEMA once the project is
constructed.

WHEREAS, the OWNER desires to obtain engineering services in connection with the
PROJECT.

WHEREAS, the ENGINEER is acceptable to the OWNER, and is willing to enter into an
Agreement with the OWNER to perform such services; and

NOW, in consideration of the premises and mutual covenants contained herein, the
OWNER and the ENGINEER agree as follows:

CONTRACTUAL UNDERTAKINGS

SECTION I
EMPLOYMENT OF ENGINEER

The OWNER agrees to employ the ENGINEER and the ENGINEER agrees to furnish
engineering design services in connection with the PROJECT as stated in Section II, and for
18.b
Packet Pg. 245
A
t
t
a
c
h
m
e
n
t
:

D
e
l
a
w
a
r
e

C
r
e
e
k

E
n
g
i
n
e
e
r
i
n
g

D
e
s
i
g
n

S
e
r
v
i
c
e
s

A
g
m
t

(
4
0
9
1

:

1
9

A
g
m
t

F
r
e
e
s
e

&

N
i
c
h
o
l
s

f
o
r

D
e
l
a
w
a
r
e

C
r
k

C
h

I
m
p
r
)
Page 2
having rendered such services, the OWNER agrees to pay to the ENGINEER compensation as
stated in Section VI.

SECTION II
CHARACTER AND EXTENT OF SERVICES

The Basic Engineering Services to be rendered by ENGINEER are to be considered
distinguishable from other services and shall be performed as required during the following
phases of the PROJECT:

A. ALIGNMENT STUDY
B. PRELIMINARY DESIGN PHASE
C. INTERMEDIATE DESIGN PHASE
D. FINAL DESIGN PHASE
E. CONSTRUCTION PHASE

In addition to the Basic Services, other services related to the PROJECT that may be
included by specific authorization are identified herein as "F. SPECIAL SERVICES."

These various services that ENGINEER will perform are more fully described as follows:

A. ALIGNMENT STUDY

1. If the OWNER determines that an alignment study is needed, attend preliminary
conference with OWNER regarding the PROJECT.

2. Prepare a preliminary engineering study and report on the project in sufficient detail to
indicate clearly the problems involved and the alternate solutions available to the OWNER,
to include preliminary layouts, a right-of-way map, sketches, and cost estimates for the
PROJECT, and to set forth clearly the ENGINEER's recommendations.

3. Furnish the OWNER all necessary copies of the preliminary engineering report, including
preliminary layouts, a right-of-way map, sketches, and cost estimates. All reports in excess
of ten (10) copies are to be paid for separately as provided hereinafter.

B. PRELIMINARY DESIGN PHASE

1. If the OWNER determines that an alignment study is not necessary, attend preliminary
conference with OWNER regarding the PROJECT.

2. Prepare preliminary engineering review drawings to include preliminary horizontal and
vertical alignments of all proposed improvements with minimal construction-related
notes. Cross-sections at least every fifty (50) feet will be required for paving-related or
channel-related projects. If necessary, report in sufficient detail to indicate clearly any of
18.b
Packet Pg. 246
A
t
t
a
c
h
m
e
n
t
:

D
e
l
a
w
a
r
e

C
r
e
e
k

E
n
g
i
n
e
e
r
i
n
g

D
e
s
i
g
n

S
e
r
v
i
c
e
s

A
g
m
t

(
4
0
9
1

:

1
9

A
g
m
t

F
r
e
e
s
e

&

N
i
c
h
o
l
s

f
o
r

D
e
l
a
w
a
r
e

C
r
k

C
h

I
m
p
r
)
Page 3
the problems involved with alternate solutions available to the OWNER. Include
preliminary layouts, a right-of-way map, sketches, and cost estimates for the PROJECT
and set forth clearly the ENGINEER's recommendations for any alternate designs.

3. Furnish the OWNER all necessary copies of the preliminary construction drawings and
cost estimates. All reports in excess of ten (10) copies are to be paid for separately as
provided hereinafter.

4. Water, sanitary sewer, and storm drains will be shown on the plans based on field
information and surveys collected by the ENGINEER and from existing As-Built
plans provided by the City of Irving. Other utilities should be shown on the plans based
on field information and surveys collected by the ENGINEER, utility locates requested
by the ENGINEER, and any available As-Built plans that the ENGINEER can obtain
from other utilities.

5. Depending on comments received from the OWNERs review and field investigations,
another set of preliminary phase construction drawings may be required.

6. The ENGINEER will attend two (2) review meetings with the OWNER. One review
meeting will be a constructability review, and the other meeting will be a value
engineering review. The ENGINEER will be responsible for compiling all the
comments from these two (2) reviews for a list of all comments to be addressed by the
next submittal.

7. Upon completion of the Preliminary Design Phase, the ENGINEER will advise the
OWNER of any geotechnical, soil, foundation, or other subsurface investigations or any
special surveys or special testing which, in the opinion of the ENGINEER, may be
required for the proper execution of the PROJECT, and assist the OWNER in arranging
for the conduct of such investigations and tests. The performance of geotechnical
investigations and tests will not a part of the ENGINEER's Basic Engineering Services
and will not be included unless specifically authorized in writing under "F. SPECIAL
SERVICES."

8. Upon completion of the Preliminary Design Phase, the ENGINEER will advise the
OWNER of any Subsurface Utility Engineering that will require the exact vertical and
horizontal identification of any public utility that may be in conflict with the proposed
design. Exposure of any buried utilities will be performed by the Engineer as a
SPECIAL SERVICE upon authorization of the OWNER. Information from said
exposure shall be depicted on the construction plans.

C. INTERMEDIATE DESIGN PHASE

1. Prepare intermediate engineering review drawings that address all comments from the
preliminary engineering review and including detailed construction-related notes. Cross-
sections at least every fifty (50) feet will be required for paving-related or channel-related
18.b
Packet Pg. 247
A
t
t
a
c
h
m
e
n
t
:

D
e
l
a
w
a
r
e

C
r
e
e
k

E
n
g
i
n
e
e
r
i
n
g

D
e
s
i
g
n

S
e
r
v
i
c
e
s

A
g
m
t

(
4
0
9
1

:

1
9

A
g
m
t

F
r
e
e
s
e

&

N
i
c
h
o
l
s

f
o
r

D
e
l
a
w
a
r
e

C
r
k

C
h

I
m
p
r
)
Page 4
projects. Driveway profiles will be required for paving-related projects. A general notes
sheet(s), coordinate control sheet(s), proposed traffic control sheet(s), proposed erosion
control plan sheet(s), and detail sheet(s) will be required for all projects. Drainage-related
projects will require all pertinent information showing calculations for drainage areas,
inlet capacity, spread of flow and depth in street, and hydraulic grade line.
2. Furnish the OWNER all necessary copies of the intermediate engineering review
drawings and updated cost estimates. All reports in excess of ten (10) copies are to be
paid for separately as provided hereinafter.

3. Prepare detailed cost estimates based on current unit prices from the proposal of
authorized construction, which shall include summaries of bid items and quantities on the
unit price system of bidding, wherever practical. The ENGINEER shall not be required
to guarantee the accuracy of these estimates.

4. Develop the project design combining the application of sound engineering principles and
economy which shall be manifested by completed Construction Contract Documents,
(Plans, Specifications, etc.) and assist OWNER with submittal of such Documents to
local, state, and federal agencies for approval as may be applicable.

5. Submit three (3) copies each of any necessary right-of-way or easement documents.

engineering review. The ENGINEER will be responsible for compiling all the comments
from these two (2) reviews for a numerical list of all comments to be addressed by the
next submittal.

D. FINAL DESIGN PHASE

1. Prepare final engineering review drawings that address all comments from the
intermediate review.
2. Furnish the OWNER all necessary copies of the final engineering review drawings and
updated cost estimates. All reports in excess of ten (10) copies are to be paid for
separately as provided hereinafter.
3. Prepare detailed cost estimates based on current unit prices from the proposal of
authorized construction, which shall include summaries of bid items and quantities on the
unit price system of bidding, wherever practical. The ENGINEER shall not be required
to guarantee the accuracy of these estimates.
4. Submit three (3) final sealed copies each of any necessary right-of-way or easement
documents.
18.b
Packet Pg. 248
A
t
t
a
c
h
m
e
n
t
:

D
e
l
a
w
a
r
e

C
r
e
e
k

E
n
g
i
n
e
e
r
i
n
g

D
e
s
i
g
n

S
e
r
v
i
c
e
s

A
g
m
t

(
4
0
9
1

:

1
9

A
g
m
t

F
r
e
e
s
e

&

N
i
c
h
o
l
s

f
o
r

D
e
l
a
w
a
r
e

C
r
k

C
h

I
m
p
r
)
Page 5
engineering review. The ENGINEER will be responsible for compiling all the comments
from these two (2) reviews for a numerical list of all comments to be addressed by the bid
set submittal.
6. When required by the nature of the PROJECT, the ENGINEER shall provide necessary
exhibits and attend a public meeting with the OWNER.
7. Upon completion of the final design review, the ENGINEER shall furnish to the OWNER
up to ten (10) additional copies of the construction drawings to be forwarded to the utility
companies and Real Estate Services Division of the Citys Real Estate and Development
Department.
8. Upon completion of the final design review, the ENGINEER shall furnish to the
OWNER, where required by the circumstances of the assignment, the engineering data,
construction plans, completed forms, and reports necessary for applications for routine
permits by local, state, and federal authorities (as distinguished from detailed applications
and supporting documents for government grants-in-aid or for planning advances not
included in Basic Engineering Services).

E. CONSTRUCTION PHASE

1. Prepare two (2) bid set drawings and specifications that address all comments from the
final design review and additional information provided by utility relocations and
right-of-way negotiations.
2. Furnish to the OWNER all necessary copies of approved Construction Contract
Documents needed for competitive bidding (plans, specifications, notice to bidders,
proposals, etc.). All sets of Construction Contract Documents in excess of forty (40) are
to be paid for separately as provided hereinafter.
3. ENGINEER will submit the project plans to the State of Texas for the TAS/ADA review,
if required for the PROJECT. ENGINEER will prepare the application and make the
submittal. The OWNER will provide a check for the fee based on the construction cost
per the submittal requirements. ENGINEER will address comments from the review and
revise plans if necessary.
4. Assist the OWNER in the advertisement of the PROJECT for competitive bids.

5. Assist the OWNER in the opening and tabulation of bids for construction of PROJECT
and recommend to the OWNER as to the proper action on all proposals received.

18.b
Packet Pg. 249
A
t
t
a
c
h
m
e
n
t
:

D
e
l
a
w
a
r
e

C
r
e
e
k

E
n
g
i
n
e
e
r
i
n
g

D
e
s
i
g
n

S
e
r
v
i
c
e
s

A
g
m
t

(
4
0
9
1

:

1
9

A
g
m
t

F
r
e
e
s
e

&

N
i
c
h
o
l
s

f
o
r

D
e
l
a
w
a
r
e

C
r
k

C
h

I
m
p
r
)
Page 6
6. Assist in the preparation of formal Construction Contract Documents, provide four (4)
copies of contracts to be executed by the contractor, and coordinate their execution by the
respective parties.

7. Attend a preconstruction meeting conducted by the OWNER.
8. Provide engineering surveys to refresh and re-establish benchmarks and reference points
on NAD 83 CORS Coordinate System for construction of the PROJECT, one time only.
This does not include construction staking.

9. Represent the OWNER in the non-resident administration of the PROJECT. In this
capacity, the ENGINEER shall have the authority to exercise whatever rights the
OWNER may have to disapprove work and materials that fail to conform to the
Construction Contract Documents when such failures are brought to the ENGINEER's
attention. (This function of ENGINEER shall not be construed as supervision of the
PROJECT and does not include on-site activities other than occasional site visits to
observe overall PROJECT conditions or when specifically requested by OWNER to visit
on-site for a particular matter. It particularly does not involve exhaustive or continuous
on-site inspections to check quality or quantity of the work or material; nor does it place
any responsibility on ENGINEER for the techniques and sequences of construction
except as noted in the plans and specifications or the safety precautions incident thereto,
and ENGINEER will not be responsible or liable in any degree for the Contractor's failure
to perform the construction work in accordance with the Construction Contract
Documents).

10. Consult and advise the OWNER and issue such instructions to the Contractor as in the
judgment of the ENGINEER are necessary.

11. Revise contract drawings (As-Built drawings) with the assistance of the Resident
Project Representative to reflect available information as to how the work was
constructed. Furnish a bond set of these revised drawings to the OWNER and provide an
electronic copy of the drawing in AutoCAD (.DWG) format or in Drawing Exchange
Format (.DXF). Retainage in the amount of twenty percent (20%) of the Construction
Phase fee will be withheld subject to submittal of As-Built drawings.

12. ENGINEER shall perform such services expeditiously and shall return the As-Built
documents within fifteen (15) working days of being authorized to proceed by OWNER.
This time frame shall not, except for cause, be exceeded by ENGINEER. ENGINEER
shall pay OWNER the sum of $200.00 per day for each and every working day of
unexcused delay in performing its services within the time frame stated in this paragraph.
Any sums due and payable hereunder by ENGINEER shall be payable, not as a penalty,
but as liquidated damages representing an estimate of delay damages likely to be
sustained by OWNER, estimated at or before the time of executing this Contract. During
the Construction Phase, when OWNER reasonably believes that performance of
ENGINEER's services will be inexcusably delayed, OWNER shall be entitled, but not
18.b
Packet Pg. 250
A
t
t
a
c
h
m
e
n
t
:

D
e
l
a
w
a
r
e

C
r
e
e
k

E
n
g
i
n
e
e
r
i
n
g

D
e
s
i
g
n

S
e
r
v
i
c
e
s

A
g
m
t

(
4
0
9
1

:

1
9

A
g
m
t

F
r
e
e
s
e

&

N
i
c
h
o
l
s

f
o
r

D
e
l
a
w
a
r
e

C
r
k

C
h

I
m
p
r
)
Page 7
required, to withhold from any amounts otherwise due ENGINEER an amount then
believed by OWNER to be adequate to recover liquidated damages applicable to such
delay. If and when ENGINEER overcomes the delay in performance of ENGINEERs
services pursuant to the time stated in this paragraph, for which OWNER has withheld
payment, OWNER shall promptly release to ENGINEER those funds withheld, but no
longer applicable, as liquidated damages.

F. SPECIAL SERVICES

Various services incidental to the project, but not within the scope of the Basic Engineering
Services covered by A., B., C., D., and E. preceding, which may be performed or arranged
for separately by OWNER, or may be added to the ENGINEER's responsibilities by mutual
agreement and written authorization include but are not necessarily limited to the following:

1. Field surveys to collect information required for design, including photogrammetry, and
related office computations and drafting. All surveys and coordinate information shall be
based on the NAD 83 CORS Coordinate System utilizing control monuments established
within the City of Irving.

2. Land surveys, establishment of boundaries and monuments, and related office
computations and drafting.

3. Staking of the centerline of the proposed PROJECT for utility coordination. The
ENGINEER or his surveyor shall stake the centerline throughout the extent of the
PROJECT. The beginning and the end of the PROJECT shall be designated. The points
of intersection, points of curvature, and points of tangency of all horizontal curves shall
be designated. Stations and half-stations (50-foot and 100-foot) shall be designated
throughout the entire PROJECT, on tangential and curvilinear portions. Said centerline
control is to be established in a timely fashion as directed by City staff. Said centerline
control markings are to be a one-time event and shall be of a nature to last a minimum of
eight months.

4. Furnish descriptive instruments related to the acquisition of easements and/or rights-of-
way. The description of these parcels should be rotated to match the bearings of the
individual deeds. The payment for these instruments will be made on a per parcel basis
unless otherwise indicated in Section VI. C. As part of providing instruments for
right-of-way acquisition, the Engineer/Surveyor will need to stake the corners of the
acquisition after construction is complete. Appearances before hearings for eminent
domain proceedings are specifically not included in the specified per parcel payment.

5. Appearances before regulatory agencies.

6. Assistance to the OWNER as an expert witness in any litigation with their parties, arising
from the development of construction of the PROJECT.
18.b
Packet Pg. 251
A
t
t
a
c
h
m
e
n
t
:

D
e
l
a
w
a
r
e

C
r
e
e
k

E
n
g
i
n
e
e
r
i
n
g

D
e
s
i
g
n

S
e
r
v
i
c
e
s

A
g
m
t

(
4
0
9
1

:

1
9

A
g
m
t

F
r
e
e
s
e

&

N
i
c
h
o
l
s

f
o
r

D
e
l
a
w
a
r
e

C
r
k

C
h

I
m
p
r
)
Page 8

7. Special investigations involving detailed consideration of operation, maintenance, and
overhead expense; preparation of rate schedules; preparation of special reports and an
engineer's certificate as required for marketing bonds; earnings and expense statements;
preparation of assessment rolls; special feasibility studies; appraisals; valuations; and
material audits or inventories required for certification of force account construction
performed by the OWNER.

8. Detailed mill, shop, and/or laboratory inspection of materials or equipment.

9. Assist the OWNER in obtaining the services of a qualified geotechnical engineering
laboratory to conduct soil and foundation investigations, including test borings, soil tests,
and analyses of test results.

10. Travel required of the ENGINEER to perform these Special Services in connection with
the PROJECT.

11. Additional copies of reports and Contract Documents in excess of forty (40) as required
for the initiation, bidding, and administration of the PROJECT.

12. Preparation of applications and supporting documents for government grants or planning
advances for public works projects.

13. Preparation of report, sketches, drawings, presentations, and permit applications
involving environmental, historical, and archaeological considerations.

14. Revision of reports and Construction Contract Documents after specific approval by
OWNER, as provided in Section VII.

15. Subsurface Utility Engineering that involves level A identification of a utility will be
paid per each utility location identified.

16. Subsurface Utility Engineering that involves level B identification of a utility will be
paid per linear foot of utility location identified.

17. It is assumed that this PROJECT will be bid as one (1) project. If the PROJECT must be
bid in phases a contract amendment will be required.

18. USACE Section 404 Environmental Permitting.

19. Public Involvement to include public meetings (up to 3) with presentations to residents
and City officials and a project newsletter mailing or website.

18.b
Packet Pg. 252
A
t
t
a
c
h
m
e
n
t
:

D
e
l
a
w
a
r
e

C
r
e
e
k

E
n
g
i
n
e
e
r
i
n
g

D
e
s
i
g
n

S
e
r
v
i
c
e
s

A
g
m
t

(
4
0
9
1

:

1
9

A
g
m
t

F
r
e
e
s
e

&

N
i
c
h
o
l
s

f
o
r

D
e
l
a
w
a
r
e

C
r
k

C
h

I
m
p
r
)
Page 9
20. Hydrologic and hydraulic modeling updates and preparation of a request for Letter of
Map Revision (LOMR) and related correspondence with FEMA to amend the Federal
Insurance Rate Maps (FIRMs) once PROJECT is constructed.

SECTION III
AUTHORIZATION OF SERVICES

No professional services of any nature shall be undertaken by the ENGINEER under this
agreement until he has received written authorization from the OWNER.

SECTION IV
PERIOD OF SERVICE

This AGREEMENT shall be effective upon execution by the OWNER and the
ENGINEER and shall remain in force until terminated under the provisions hereinafter provided
in Section IX.

SECTION V
COORDINATION WITH THE OWNER

The ENGINEER shall hold periodic conferences with the OWNER, or its representatives,
to the end that the PROJECT, as perfected, shall have full benefit of the OWNER's experience
and knowledge of existing needs and facilities and be consistent with its current policies and
construction standards. To implement this coordination, the OWNER shall make available to the
ENGINEER for use in planning the PROJECT, all existing plans, maps, field notes, statistics,
computations, and other data in his possession relative to existing facilities and to the PROJECT.

SECTION VI
THE ENGINEERS COMPENSATION

For and in consideration of the services to be rendered by the ENGINEER, the OWNER
shall pay and the ENGINEER shall receive the compensation hereinafter set forth for the
ALIGNMENT STUDY (if applicable), and PRELIMINARY DESIGN, INTERMEDIATE
DESIGN, FINAL DESIGN, and CONSTRUCTION PHASES of the work and additionally for
SPECIAL SERVICES that are in addition to the Basic Engineering Services. All remittances by
OWNER of such compensation shall either be mailed or delivered to the ENGINEER's home
office as identified in the work authorization.

"Construction Cost" as used herein is defined as the total cost to the OWNER for the
execution of the work authorized at one time and handled in each separate phase of engineering
services, excluding fees or other cost for engineering and legal services, the cost of land,
rights-of-way, legal, and administrative expenses; but including the direct cost to the OWNER of
all construction contracts, items of construction, including labor, materials, and equipment
18.b
Packet Pg. 253
A
t
t
a
c
h
m
e
n
t
:

D
e
l
a
w
a
r
e

C
r
e
e
k

E
n
g
i
n
e
e
r
i
n
g

D
e
s
i
g
n

S
e
r
v
i
c
e
s

A
g
m
t

(
4
0
9
1

:

1
9

A
g
m
t

F
r
e
e
s
e

&

N
i
c
h
o
l
s

f
o
r

D
e
l
a
w
a
r
e

C
r
k

C
h

I
m
p
r
)
Page 10
required for the completed work (including extras), and the total value of PROJECT of all labor,
materials, and equipment purchased or furnished directly by the OWNER for the PROJECT.

"Salary Cost" used herein is defined as the cost of salaries of engineers, draftsmen,
stenographers, surveymen, clerks, laborers, etc., for time directly chargeable to the PROJECT
plus social security contributions, unemployment, excise and payroll taxes, employment
compensation insurance, retirement benefits, medical and insurance benefits, sick leave,
vacation, and holiday pay applicable thereto.

A. Compensation for the Basic Engineering Services (ALIGNMENT STUDY, and
PRELIMINARY DESIGN, INTERMEDIATE DESIGN, FINAL DESIGN, and
CONSTRUCTION PHASES) on the work covered by the PROJECT shall be hereinafter
known as COMBINED BASIC CHARGE and shall not be increased without City
Council approved resolution. This fee shall be the only amount due for Basic
Engineering Services from OWNER, and ENGINEER shall not be reimbursed for
expenses in addition to the fee.

Payment for the ALIGNMENT STUDY, if applicable, shall be due within thirty (30) days
after submission and acceptance by the OWNER of the ALIGNMENT STUDY and any
applicable reports, sketches, estimates, etc.

The PRELIMINARY DESIGN PHASE portion of the Basic Service shall be computed at
thirty percent (30%) of the COMBINED BASIC CHARGE; the INTERMEDIATE
DESIGN PHASE portion of the Basic Engineering Services shall be computed at thirty
percent (30%) of the COMBINED BASIC CHARGE, the FINAL DESIGN PHASE
portion of the Basic Service shall be computed at twenty percent (20%) of the
COMBINED BASIC CHARGE; and the CONSTRUCTION PHASE portion of the Basic
Engineering Service shall be computed at twenty percent (20%) of the COMBINED
BASIC CHARGE.

Payment for the PRELIMINARY DESIGN PHASE portion of the Basic Engineering
Services shall be due within thirty (30) days after submission and acceptance by the
OWNER of the Preliminary Design drawings.

Payment for the INTERMEDIATE DESIGN PHASE portion of the Basic Engineering
Services shall be due within thirty (30) days after submission and acceptance by the
OWNER of the Intermediate Design drawings.

Payment for the FINAL DESIGN PHASE portion of the Basic Engineering Services shall
be due within thirty (30) days after submission and acceptance by the OWNER of the
Final Design drawings.

Payment for the CONSTRUCTION PHASE of the Basic Services shall be due in monthly
installments in proportion to the construction work completed on the basis of the
Contractor's monthly payment estimates plus the actual value of all materials and
18.b
Packet Pg. 254
A
t
t
a
c
h
m
e
n
t
:

D
e
l
a
w
a
r
e

C
r
e
e
k

E
n
g
i
n
e
e
r
i
n
g

D
e
s
i
g
n

S
e
r
v
i
c
e
s

A
g
m
t

(
4
0
9
1

:

1
9

A
g
m
t

F
r
e
e
s
e

&

N
i
c
h
o
l
s

f
o
r

D
e
l
a
w
a
r
e

C
r
k

C
h

I
m
p
r
)
Page 11
equipment purchased or furnished directly by the OWNER for the PROJECT. Upon
completion of all work authorized in the CONSTRUCTION PHASE, the ENGINEER
will be paid the remainder of the charge for this phase.
B. Compensation for SPECIAL SERVICES not covered by the ALIGNMENT STUDY, and
PRELIMINARY DESIGN, INTERMEDIATE DESIGN, FINAL DESIGN and
CONSTRUCTION PHASES of Basic Engineering Services provided hereinabove shall
be as follows:

For all of ENGINEERs personnel time applied to the SPECIAL SERVICES, on an
hourly basis per Engineers established hourly rates included as Exhibit A to this
AGREEMENT.

The City of Irving Consultant Reimbursement Guidelines will be used for all direct non-
labor and/or subcontract expenses, including mileage, travel and living expenses, invoice
or internal office costs.

Payments to the ENGINEER for authorized SPECIAL SERVICES will be due monthly,
upon presentation of monthly statements by the ENGINEER for such services.

C. It is agreed by both the OWNER and the ENGINEER that the fees paid under this
"Agreement for Engineering Design Services" for each phase of engineering shall not
exceed the following budgeted amounts without City Council approved resolution. This
fee shall be the only amounts due from OWNER, and ENGINEER shall not be
reimbursed for expenses in addition to the fee.

ENGINEERING FEES:

Alignment Study: $27,118

Basic Engineering Services:
Preliminary Design, Intermediate Design,
Final Design, and Construction Phases
Combined Basic Charge: $896,165

Authorized Special Services:
Descriptive instruments for 16 parcels at $880 each: $14,080
Design Surveying $64,185
Stake Centerline for Utility Coordination $5,775
Level A Subsurface Utility Engineering
Identification forapproximaetely 50 utilities at
approximately $1,090/each depending on hole depth: $59,950
USACE Section 404 Environmental Permitting: $57,340
Public Involvement: $23,822
Hydrologic and Hydraulic Modeling and Letter of Map
18.b
Packet Pg. 255
A
t
t
a
c
h
m
e
n
t
:

D
e
l
a
w
a
r
e

C
r
e
e
k

E
n
g
i
n
e
e
r
i
n
g

D
e
s
i
g
n

S
e
r
v
i
c
e
s

A
g
m
t

(
4
0
9
1

:

1
9

A
g
m
t

F
r
e
e
s
e

&

N
i
c
h
o
l
s

f
o
r

D
e
l
a
w
a
r
e

C
r
k

C
h

I
m
p
r
)
Page 12
Revision Preparation/Submittal/Correspondence: $52,090

BUDGETED TOTAL: $1,200,525

The BUDGETED TOTAL (including Alignment Study, Basic Engineering Services, and
Special Services) is a maximum of $1,200,525 and shall not be exceeded without City
Council approved resolution.

SECTION VII
REVISION OF REPORTS, PLANS, SPECIFICATIONS AND OTHER DOCUMENTS

The revision and rework of reports, plans, specifications, and other documents during the
formative stages as an orderly process in the development of the PROJECT to meet the needs of
the OWNER shall be considered as part of the Basic Engineering Services. After a definite plan
has been approved by the OWNER, if a decision is subsequently made by the OWNER, which,
for its proper execution involved extra services and expenses for changes in, or additions to the
drawings, specifications or other documents, or if the ENGINEER is put to labor or expense by
delays imposed on him from causes not within his control, such as, but not limited to the
re-advertisement of bids or by the delinquency or insolvency of Contractors, the ENGINEER
shall be compensated for such extra expense which shall be considered as Special Services.

SECTION VIII
OWNERSHIP OF DOCUMENTS

The OWNER shall have unlimited right for the benefit of the OWNER for use in future
projects to all drawings, designs, specifications, ENGINEER's designs and structures, notes and
other pertinent consultant-engineer work procured in the performance of this AGREEMENT or
in contemplation thereof, and all as-built drawings produced after completion the PROJECT
work, if any, including the right to use same on any other OWNER work without additional cost
to the OWNER. Any use of aforementioned documents for future projects shall be without use
of ENGINEER's name or registration seal and without any liability to the ENGINEER, his
agents, employees, subcontractors and consultants. In the event this PROJECT is terminated at
any point, plans, drawings, structural designs, specifications and other pertinent consultant-
engineer work shall become the property of the OWNER.

SECTION IX
TERMINATION

Either party to this AGREEMENT may terminate the AGREEMENT by giving to other
thirty (30) days notice in writing. Upon delivery of such notice by the OWNER to the
ENGINEER, the ENGINEER shall discontinue all services in connection with the performance
of the AGREEMENT and shall proceed to cancel promptly all existing orders and contracts
insofar as such orders or contracts are chargeable to the AGREEMENT. As soon as practicable
18.b
Packet Pg. 256
A
t
t
a
c
h
m
e
n
t
:

D
e
l
a
w
a
r
e

C
r
e
e
k

E
n
g
i
n
e
e
r
i
n
g

D
e
s
i
g
n

S
e
r
v
i
c
e
s

A
g
m
t

(
4
0
9
1

:

1
9

A
g
m
t

F
r
e
e
s
e

&

N
i
c
h
o
l
s

f
o
r

D
e
l
a
w
a
r
e

C
r
k

C
h

I
m
p
r
)
Page 13
after receipt of notice of termination, the ENGINEER shall submit a statement, showing in detail
the services performed under the AGREEMENT less such payments on account of the charges as
have been previously made. Copies of all completed or partially completed designs, plans and
reports prepared under this AGREEMENT shall be delivered to the OWNER when and if this
AGREEMENT is terminated, but subject to the restrictions as to their use, as set forth in Section
VIII.

If the AGREEMENT is terminated because of a material breach of this AGREEMENT by
the ENGINEER, the OWNER may have the remaining work and services to be performed by the
ENGINEER performed by another, and the ENGINEER shall be liable to the OWNER for any
additional costs over the contract amount accrued by the OWNER associated with the breach of
AGREEMENT.

SECTION X
SUCCESSORS AND ASSIGNMENTS

The OWNER and the ENGINEER each binds himself and his successors, executors,
administrators and assigns to any other party of the AGREEMENT and to the successors,
executors, administrators, and assigns of such other party, in respect to all covenants of this
AGREEMENT. Except as above, neither the OWNER nor the ENGINEER shall assign, sublet
or transfer his interest in this AGREEMENT without the written consent of the other. Nothing
herein shall be constituted as creating any personal liability on the part of any officer or agent of
any public body which may be a party thereto.

SECTION XI
SPECIAL CONDITIONS

SPECIAL CONDITIONS CONTAINED IN "AUTHORIZATION OF SERVICES"
ISSUED BY OWNER AND ACCEPTED BY ENGINEER WITH SPECIFIC REFERENCE TO
THIS AGREEMENT SHALL BECOME A PART HEREOF:

1. SPECIAL SERVICES shall be authorized only by the City Engineer or his duly
authorized designee for this AGREEMENT.

2. The total budgeted fee shall not be exceeded without specific authorization by the City
Council.

3. ENGINEER shall abide by the City of Irving Consultant Reimbursement Guidelines
attached hereto and incorporated herein.

18.b
Packet Pg. 257
A
t
t
a
c
h
m
e
n
t
:

D
e
l
a
w
a
r
e

C
r
e
e
k

E
n
g
i
n
e
e
r
i
n
g

D
e
s
i
g
n

S
e
r
v
i
c
e
s

A
g
m
t

(
4
0
9
1

:

1
9

A
g
m
t

F
r
e
e
s
e

&

N
i
c
h
o
l
s

f
o
r

D
e
l
a
w
a
r
e

C
r
k

C
h

I
m
p
r
)
Page 14

SECTION XII
TIME OF COMPLETION

The prompt completion of this PROJECT is critical and time is of the essence.
Unnecessary delays to the PROJECT shall be grounds for dismissal of the ENGINEER and the
termination of this contract without any or further liability to the OWNER other than a prorated
payment for necessary and timely work done on the PROJECT to the time of termination.
ENGINEER proposes to complete the ALIGNMENT STUDY, PRELIMINARY DESIGN
PHASE, INTERMEDIATE DESIGN PHASE, and FINAL DESIGN PHASE for the entire
PROJECT within _______ calendar days of the date of the City Council resolution approving the
AGREEMENT. This time frame, shall not, except for cause, be exceeded by ENGINEER.
ENGINEER shall pay OWNER the sum of $200.00 per day for each and every working
day of unexcused delay in performing its services within the time frame stated in this Section.
Any sums due and payable hereunder by ENGINEER shall be payable, not as a penalty, but as
liquidated damages representing an estimate of delay damages likely to be sustained by OWNER,
estimated at or before the time of executing this AGREEMENT.

During the Final Design Phase, when OWNER reasonably believes that performance of
ENGINEER's services will be inexcusably delayed, OWNER shall be entitled, but not required,
to withhold from any amounts otherwise due ENGINEER an amount then believed by OWNER
to be adequate to recover liquidated damages applicable to such delay. If and when ENGINEER
overcomes the delay in performance of ENGINEERs services pursuant to the time stated in this
Section, for which OWNER has withheld payment, OWNER shall promptly release to
ENGINEER those funds withheld, but no longer applicable, as liquidated damages.

SECTION XIII
PROFESSIONAL LIABILITY INSURANCE

Prior to the commencement of design under this AGREEMENT, ENGINEER shall obtain
standard comprehensive professional liability insurance coverage in an amount of at least
$1,000,000.00 per occurrence with a $2,000,000.00 aggregate policy limit per year, covering the
services provided under this AGREEMENT, including contractual liability under this
AGREEMENT. A claims made policy is acceptable subject to coverage being maintained
during the course of the PROJECT and up to two (2) years after completion and acceptance of
PROJECT by the City. ENGINEER shall maintain such coverage during all phases of
engineering services and for two (2) years after substantial completion of the PROJECT. The
OWNER shall be supplied with a certificate of such coverage which shall provide for a thirty
(30) day notice of cancellation, non-renewal, or change in limits by endorsement, to the OWNER
by certified mail.
18.b
Packet Pg. 258
A
t
t
a
c
h
m
e
n
t
:

D
e
l
a
w
a
r
e

C
r
e
e
k

E
n
g
i
n
e
e
r
i
n
g

D
e
s
i
g
n

S
e
r
v
i
c
e
s

A
g
m
t

(
4
0
9
1

:

1
9

A
g
m
t

F
r
e
e
s
e

&

N
i
c
h
o
l
s

f
o
r

D
e
l
a
w
a
r
e

C
r
k

C
h

I
m
p
r
)
Page 15

SECTION XIV
OWNER INDEMNIFIED

The ENGINEER shall hold harmless and indemnify the OWNER from all claims and
liability due to activities of himself, his agents, or employees, performed under this contract and
which result from an error, omission or for failure to provide good and workmanlike service by
the ENGINEER or any person employed by the ENGINEER. The ENGINEER shall also save
harmless the OWNER from any and all expenses, including attorney fees which might be
incurred by the OWNER in litigation or otherwise resisting said claim or liabilities which might
be imposed on the OWNER as the result of such activities by the ENGINEER, his agents, or
employees.

SECTION XV
GENERAL INSURANCE

The ENGINEER shall have $1,000,000.00 CSL of Automobile Liability Insurance
coverage; Statutory Workers Compensation as required by the Texas Labor Code; $100,000 per
accident, $300,000 per disease, and $100,000 per occupational disease per employee of
Employers Liability Insurance; and $2,000,000 per occurrence with a $2,000,000.00 aggregate
policy limit per PROJECT of Commercial General Liability Insurance with a CG2503. In lieu of
the $2,000,000.00 Commercial General Liability Insurance and the CG2503, the ENGINEER and
OWNER may mutually agree to OWNERs and Contractors Protective Liability Coverage.

SECTION XVI
ENGINEERS SEAL

The ENGINEER shall place his Texas Professional Engineer's seal of endorsement on all
documents and engineering data furnished by him to the OWNER.

SECTION XVII
VENUE

Venue for all purposes shall be in Dallas County, Texas.

18.b
Packet Pg. 259
A
t
t
a
c
h
m
e
n
t
:

D
e
l
a
w
a
r
e

C
r
e
e
k

E
n
g
i
n
e
e
r
i
n
g

D
e
s
i
g
n

S
e
r
v
i
c
e
s

A
g
m
t

(
4
0
9
1

:

1
9

A
g
m
t

F
r
e
e
s
e

&

N
i
c
h
o
l
s

f
o
r

D
e
l
a
w
a
r
e

C
r
k

C
h

I
m
p
r
)
Page 16

SECTION XVIII
CHOICE OF STATE

This AGREEMENT shall be governed by the law of the State of Texas.

EXECUTED in three (3) counterparts (each of which is an original) on behalf of
ENGINEER shown below, and on behalf of the OWNER by its MAYOR (thereunto duly
authorized) this day of , 20 .

OWNER: ENGINEER:
CITY OF IRVING, TEXAS FREESE AND NICHOLS, INC


ATTEST: ATTEST:

Janice Carroll, TMRC
City Secretary


18.b
Packet Pg. 260
A
t
t
a
c
h
m
e
n
t
:

D
e
l
a
w
a
r
e

C
r
e
e
k

E
n
g
i
n
e
e
r
i
n
g

D
e
s
i
g
n

S
e
r
v
i
c
e
s

A
g
m
t

(
4
0
9
1

:

1
9

A
g
m
t

F
r
e
e
s
e

&

N
i
c
h
o
l
s

f
o
r

D
e
l
a
w
a
r
e

C
r
k

C
h

I
m
p
r
)
Page 17

Charles R. Anderson,
City Attorney

CITY OF IRVING
CONSULTANT REIMBURSEMENT GUIDELINES

This policy has been established to provide uniform guidelines for proper, complete, and timely
reimbursement of reasonable business and travel expenses incurred by consultants engaged by
the City.

NON COMPLIANCE

Failure to comply with this policy will result in disallowance of the requested reimbursement.

EXPENSE REPORTING

Itemized expense reports must be submitted with the request for reimbursement. The expense
report should include, at a minimum, the date, amount, and purpose for the expenditure.

Receipts are required for all travel related expenses regardless of the amount, including lodging,
meals, transportation and qualified miscellaneous expenses. If a receipt is unavailable, a written
explanation for the expenditure is required.

Use of the IRS standard per diem rate, in lieu of itemizing expenses, is allowed.

TRAVEL

LOCAL TRAVEL

There will be no reimbursement for the consultant's local travel if consultant's offices are located
in or within 75 miles of the City of Irving.

OUT OF TOWN TRAVEL

A. Transportation City will reimburse Consultants travel at economy/tourist or
full fare coach class when engaged in work-related travel on behalf of the City.

1. Air Travel - The goal is to book flights with consideration given to travel time,
convenience to the traveler and cost effectiveness without interfering with the
business purpose of the travel.
a. Travelers are not expected to fly at unusual times or make flight
connections to qualify for discounted fares.
18.b
Packet Pg. 261
A
t
t
a
c
h
m
e
n
t
:

D
e
l
a
w
a
r
e

C
r
e
e
k

E
n
g
i
n
e
e
r
i
n
g

D
e
s
i
g
n

S
e
r
v
i
c
e
s

A
g
m
t

(
4
0
9
1

:

1
9

A
g
m
t

F
r
e
e
s
e

&

N
i
c
h
o
l
s

f
o
r

D
e
l
a
w
a
r
e

C
r
k

C
h

I
m
p
r
)
Page 18
b. Air travel shall be coach class using the lowest available fare.
c. If a substantially reduced airfare is available with a Saturday night
stay over, the City will cover additional hotel and meal expenses provided these expenses do
not exceed the airfare savings. To be covered for the additional days expenses, the
traveler must attach a copy of the airfare quotation to the expense report.
d. Insurance The City will not be responsible for the cost of
additional flight insurance.
e. Changes Any change in flight plans before or during the trip which
increases the cost must be documented and substantiated.

2. Ground Transportation
a. Airport parking may be at the short-term lot for a period up to 24 hours.
Longer times will be reimbursed at the long-term lot rate.
b. As an alternative to airport parking, a shared-ride shuttle service
may be used.
c. Use of a personal automobile in lieu of air travel is allowed. The
traveler will be reimbursed for the lower of mileage at the currently
allowable rate or the least expensive airfare. The airfare quote must be
documented with the expense report. Incidentals associated with
automobile travel, other than taxi and airport parking, will not be included
in the calculation of the lower cost. However, the incidentals will be
reimbursed in addition to mileage up to the air travel cost.
d. Taxi fares and shuttles at the destination are reimbursable only if
required for business purposes.
e. The City will reimburse rental of mid-size or full size vehicles but
not luxury class vehicles.

B. Lodging - Consultants representing the City should secure accommodations in business
class hotels. For example, Sheraton, D/FW Marriott, Harvey House, etc. Local lodging
must be secured in a hotel located within the City of Irving. There will be no
reimbursement for consultant's local lodging if consultant's offices are located in or
within 75 miles of the City of Irving.

C. Meals The City will reimburse for reasonable meal expense up to twenty-five dollars
($25.00) per meal. All meals, regardless of cost, must be documented with receipts.
There will be no reimbursement for the consultant's meals if consultants offices are
located in or within 75 miles of the City of Irving.

D. Miscellaneous Expenses - The City will not reimburse for charges listed as
miscellaneous. All expenses must be identified and backup documentation must be
provided upon request.

1. Reasonable tips for luggage, housekeeping, hotel shuttles, etc. are allowable
business expenses, including overweight baggage fees associated with City materials.
18.b
Packet Pg. 262
A
t
t
a
c
h
m
e
n
t
:

D
e
l
a
w
a
r
e

C
r
e
e
k

E
n
g
i
n
e
e
r
i
n
g

D
e
s
i
g
n

S
e
r
v
i
c
e
s

A
g
m
t

(
4
0
9
1

:

1
9

A
g
m
t

F
r
e
e
s
e

&

N
i
c
h
o
l
s

f
o
r

D
e
l
a
w
a
r
e

C
r
k

C
h

I
m
p
r
)
Page 19
2. Costs for personal expenses such as, but not limited to, movies, laundry, pain
medication, writing instruments and materials, personal hygiene products, reading materials,
etc. are not reimbursable.
3. Expenses associated with obtaining a passport for foreign travel are not
reimbursable.
4. Spouse or companion travel is not reimbursable.

BUSINESS EXPENSES

A. Computer Research - The City will reimburse for actual cost, unless a reasonable
markup is agreed upon at inception of contract.

B. Incidental Charges- The City will reimburse for actual cost of reasonable incidental
charges exclusive of markup for delivery charges, fax, reproduction, long distance
telephone calls, postage and similar charges. However, backup documentation must be
provided. Disbursements for regular intra-office copying are not considered
compensable.

BILLING/ INVOICES

A. Billed Hours - All invoices for work shall state the specific number of hours spent
and the hourly rate of consultant and the task performed in sufficient detail to permit
review of the time charged.

B. Billing Time - The City will not pay for hourly time worked by consultants for
preparing invoices, gathering receipts or documentation, or researching questions
regarding invoices sent to the City.

C. Invoices - Invoices for services rendered shall include all backup documentation in
sufficient detail to permit review. Invoices are to be addressed as follows:

City of Irving
Shirley Smith
825 W. Irving Blvd.
Irving, Texas 75060
18.b
Packet Pg. 263
A
t
t
a
c
h
m
e
n
t
:

D
e
l
a
w
a
r
e

C
r
e
e
k

E
n
g
i
n
e
e
r
i
n
g

D
e
s
i
g
n

S
e
r
v
i
c
e
s

A
g
m
t

(
4
0
9
1

:

1
9

A
g
m
t

F
r
e
e
s
e

&

N
i
c
h
o
l
s

f
o
r

D
e
l
a
w
a
r
e

C
r
k

C
h

I
m
p
r
)
Page 20
CORPORATE ACKNOWLEDGMENT

THE STATE OF TEXAS

COUNTY OF DALLAS

BEFORE ME, the undersigned authority, a Notary Public in and for said County and State,
on this day personally appeared of
known to me to be the person and officer whose name is subscribed to the foregoing instrument
and acknowledged to me that the same was the act of the said , a
corporation, that (s)he was duly authorized to perform the same by appropriate resolution of the
board of directors of such corporation for the purposes and consideration therein expressed, and
in the capacity therein stated.

GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
, A.D. 20 .

Notary Public In and For Dallas County, Texas

My Commission Expires:

18.b
Packet Pg. 264
A
t
t
a
c
h
m
e
n
t
:

D
e
l
a
w
a
r
e

C
r
e
e
k

E
n
g
i
n
e
e
r
i
n
g

D
e
s
i
g
n

S
e
r
v
i
c
e
s

A
g
m
t

(
4
0
9
1

:

1
9

A
g
m
t

F
r
e
e
s
e

&

N
i
c
h
o
l
s

f
o
r

D
e
l
a
w
a
r
e

C
r
k

C
h

I
m
p
r
)

CONFLICT OF INTEREST QUESTIONNAIRE: Effective January 1, 2006, Chapter 176 of
the Texas Local Government Code requires that any vendor or person considering doing business
with a local government entity disclose in the attached Questionnaire, Form CIQ, the vendor or
persons affiliation or business relationship that might cause a conflict of interest with a local
government entity (local government officers of the City of Irving). By law, Form CIQ must be
filed with the City of Irving if the vendor or person submits an application, response to a
request for proposals or bids, correspondence, or writing related to a potential agreement
with the City of Irving (please refer to Section 176.006, Texas Local Government Code at:
http://www.capitol.state.tx.us/statutes/docs/LG/content/htm/lg.005.00.000176.00.htm#176.006.00 or
contact the Texas Ethics Commission at 512-463-5800 or 800-325-8506 for more detail). To view a listing of the
City of Irvings local government officers, please click http://www.ci.irving.tx.us/elected_officials/ and
http://www.ci.irving.tx.us/city_manager/index.asp

IMPORTANT: A VENDOR OR PERSON COMMITS AN OFFENSE IF HE OR SHE
FAILS TO FILE FORM CIQ IN ACCORDANCE WITH SECTION 176.006, LOCAL
GOVERNMENT CODE. AN OFFENSE UNDER THIS SECTION IS A CLASS C
MISDEMEANOR.
18.b
Packet Pg. 265
A
t
t
a
c
h
m
e
n
t
:

D
e
l
a
w
a
r
e

C
r
e
e
k

E
n
g
i
n
e
e
r
i
n
g

D
e
s
i
g
n

S
e
r
v
i
c
e
s

A
g
m
t

(
4
0
9
1

:

1
9

A
g
m
t

F
r
e
e
s
e

&

N
i
c
h
o
l
s

f
o
r

D
e
l
a
w
a
r
e

C
r
k

C
h

I
m
p
r
)

ATTACHMENT C TO BE RETURNED WITH YOUR RESPONSE

CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire is being filed in accordance with chapter 176 of the Local
Government Code by a person doing business with the governmental entity.

By law this questionnaire must be filed with the records administrator of the
local government not later than the 7th business day after the date the
person becomes aware of facts that require the statement to be filed. See
Section 176.006, Local Government Code.

A person commits an offense if the person violates Section 176.006, Local
Government Code. An offense under this section is a Class C misdemeanor.
OFFICE USE ONLY
Date Received
1 Name of person doing business 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 September
1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the
7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3 Name each employee or contractor of the local governmental entity who makes recommendations to a local
government officer of the governmental entity with respect to expenditures of money AND describe the affiliation or
business relationship.
4 Name each local government officer who appoints or employs local government officers of the governmental entity for
which this questionnaire is filed AND describe the affiliation or business relationship.
Adopted 11/02/2005
18.b
Packet Pg. 266
A
t
t
a
c
h
m
e
n
t
:

D
e
l
a
w
a
r
e

C
r
e
e
k

E
n
g
i
n
e
e
r
i
n
g

D
e
s
i
g
n

S
e
r
v
i
c
e
s

A
g
m
t

(
4
0
9
1

:

1
9

A
g
m
t

F
r
e
e
s
e

&

N
i
c
h
o
l
s

f
o
r

D
e
l
a
w
a
r
e

C
r
k

C
h

I
m
p
r
)

FORM CIQ
CONFLICT OF INTEREST QUESTIONNAIRE Page 2
For vendor or other person doing business with local governmental entity
5
Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only
if the answer to A, B, or C is YES.

This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or other
relationship. Attach additional pages to this Form CIQ as necessary.

A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the
questionnaire? Yes No

B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government
officer named in this section AND the taxable income is not from the local governmental entity? Yes No

C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves
as an officer or director, or holds an ownership of 10 percent or more? Yes No

D. Describe each affiliation or business relationship.
6
____________________________________________________ ___________________
Signature of person doing business with the governmental entity Date

18.b
Packet Pg. 267
A
t
t
a
c
h
m
e
n
t
:

D
e
l
a
w
a
r
e

C
r
e
e
k

E
n
g
i
n
e
e
r
i
n
g

D
e
s
i
g
n

S
e
r
v
i
c
e
s

A
g
m
t

(
4
0
9
1

:

1
9

A
g
m
t

F
r
e
e
s
e

&

N
i
c
h
o
l
s

f
o
r

D
e
l
a
w
a
r
e

C
r
k

C
h

I
m
p
r
)

DESCRIPTION OF DOCUMENTATION FORMS
FOR GOOD FAITH EFFORT PROGRAM

All bid documents and proposal packages must include the signed GFE-1 Good Faith Effort
Affidavit affirming the bidder/proposers intent to comply with the Citys Good Faith Effort
program. Unless otherwise indicated in the ITB or RFP documents, no other GFE
documentation will be required at time of bid or submission. Upon notification of intent to
recommend award of contract, the apparent low bidder/most advantageous proposer has up to
five (5) business days to submit the appropriate GFE forms to the Citys M/WBE Program
Administrator. Required GFE forms must be submitted prior to award by City Council.
1. All bidders or proposers must submit form GFE-1 Good Faith Effort Affidavit.

2. Prime contractors who are tentatively recommended for award and who will meet or
exceed the GFE goal must submit the following additional forms:

GFE-2 Schedule of M/WBE Participation
GFE-4 Intent to Perform as Sub-Contractor (one for each sub-contractor)

3. Prime contractors who are tentatively recommended for award and who will NOT
meet or exceed the GFE goal must submit the following form:

GFE-3 Good Faith Effort Log

In addition, if the contractor has partial participation toward the goal, the
following forms are also submitted:

GFE-4 Intent to Perform as Sub-Contractor (one for each sub-contractor)

4. The awarded contractor will submit the following form monthly to verify that the sub-
contracting work is being done as agree upon:

GFE-5 Payment Report

The following forms are included in the GFE packet:

GFE-3 Good Faith Effort Log
GFE-4 Intent to Perform as a Sub-Contractor
GFE-5 Payment Report
NOTE: The GFE-1 Good Faith Effort Affidavit is included as a separate attachment.
For any GFE communication: Call 972-721-2631
18.b
Packet Pg. 268
A
t
t
a
c
h
m
e
n
t
:

D
e
l
a
w
a
r
e

C
r
e
e
k

E
n
g
i
n
e
e
r
i
n
g

D
e
s
i
g
n

S
e
r
v
i
c
e
s

A
g
m
t

(
4
0
9
1

:

1
9

A
g
m
t

F
r
e
e
s
e

&

N
i
c
h
o
l
s

f
o
r

D
e
l
a
w
a
r
e

C
r
k

C
h

I
m
p
r
)

(Form GFE-1)

CITY OF IRVING
GOOD FAITH EFFORT AFFIDAVIT

On January 11, 2007, the Irving City Council adopted a policy to equitably and conscientiously include
Minority-owned and Women-owned Business Enterprises (M/WBEs) in the City procurement process for all
basic goods, services, professional services, and construction solicitations. The City and its contractors shall
not discriminate on the basis of race, color, religion, national origin, or sex in the award and performance of
contracts. In consideration of this policy, the City of Irving has implemented the Good Faith Effort (GFE)
Program.

M/WBE Participation Goals

The GFE Plan establishes subcontracting goals for all prospective bidders, proposers, and submitters to
ensure a reasonable degree of M/WBE participation in City contracts. It is the goal of the City of Irving that a
certain percentage of work under each contract be executed by one or more M/WBEs.

The following M/WBE participation goals have been established without consideration for a specific ethnicity or
gender:

Professional Other
Construction Architectural & Engineering Services Services Goods
30.00% 28.00% 33.00% 20.00% 10.00%

The apparent low bidder/most advantageous proposer shall agree to meet the established goals or must
demonstrate and document a good faith effort to include M/WBEs in subcontracting opportunities. The
apparent low bidder/most advantageous proposer who fails to adequately document good faith efforts to
subcontract or purchase significant material supplies from M/WBEs may be denied award of the contract by
the City based on the contractors failure to be a responsive or bidder.

By signing below, I agree to provide the City of Irving with a completed copy of all forms required by
Good Faith Effort Program. I understand that if I fail to provide all of the required documents within
five (5) business days after notification, my bid may be deemed non-responsive and I may be denied
award of the contract.

PROJECT NAME:

Typed or Printed Name of Certifying Official of Company Date

Signature of Certifying Official of Company Title
18.b
Packet Pg. 269
A
t
t
a
c
h
m
e
n
t
:

D
e
l
a
w
a
r
e

C
r
e
e
k

E
n
g
i
n
e
e
r
i
n
g

D
e
s
i
g
n

S
e
r
v
i
c
e
s

A
g
m
t

(
4
0
9
1

:

1
9

A
g
m
t

F
r
e
e
s
e

&

N
i
c
h
o
l
s

f
o
r

D
e
l
a
w
a
r
e

C
r
k

C
h

I
m
p
r
)

(Form GFE-2)

CITY OF IRVING
SCHEDULE OF M/WBE PARTICIPATION

PROJECT NAME: DELAWARE CREEK CHANNEL IMPROVEMENTS

INSTRUCTIONS

Column 1: List name or prime contractor on first row, then list name(s) of sub-contractors on
next rows.
Column 2: If subs are M/WBE, list certification number.
Column 3: List contact name; address; telephone number for each firm.

Column 4: List the ethnicity of the firm(s) owner as:
B = African American; H = Hispanic; I = Asian Indian; N = Native American;
P = Asian Pacific; W= Woman; NON = other than M/WBE
Column 5: Indicate $ amount of value of work for each firm listed.
Column 6: Indicate percentage of total contract amount.
Totals: Dollar total should equal amount of bid or proposal.

Name of Firm and
Sub-contractors
(1)
M/WBE Certification
Number

(2)
Contact Name
Address
Telephone Number
(3)
Type of Firm

(4)
Dollar Value of Work

(5)
Percentage (%)

(6)
(Prime Contractor)
FREESE AND NICHOLS, INC.

Brian Coltharp, 1701
N.Market, Suite 500
LB51, Dallas, Tx. 75202 NON
GORONDONA AND
ASSOCIATES HMMB48774Y0312
Jeff Vick
7524 Jack Newell Blvd.
So.Fort Worth, Tx. 76118 H
Spooner & Associates NMDB47014Y1011
Eric Spooner, 309 Byers
st.#100, Euless, Tx.
76039 N
(Prime Contractor)
FREESE AND NICHOLS, INC.

Brian Coltharp, 1701
N.Market, Suite 500
LB51, Dallas, Tx. 75202 NON

Use extra pages if needed.
TOTALS $ 100%
18.b
Packet Pg. 270
A
t
t
a
c
h
m
e
n
t
:

D
e
l
a
w
a
r
e

C
r
e
e
k

E
n
g
i
n
e
e
r
i
n
g

D
e
s
i
g
n

S
e
r
v
i
c
e
s

A
g
m
t

(
4
0
9
1

:

1
9

A
g
m
t

F
r
e
e
s
e

&

N
i
c
h
o
l
s

f
o
r
Page 1 of 2
(Form GFE-3)

CITY OF IRVING
GOOD FAITH EFFORT CONTACT LOG

TO: City of Irving
GFE Program Administration DATE: 07/05/11

PROJECT NAME: DELAWARE CREEK CHANNEL IMPROVEMENTS

M/WBE Firm Name and
Person Contacted Date of Contact
Telephone Number or
Email Address Type of Work Offered Response
Eric Spooner, 3/21/11 817-281-2355 Ext 201
espooner@spoonersurveyor
s.com
Surveying Sent Surveying statement of qualifications
and references for inclusion as part of FNI
Project Team for RFQ Response Spooner & Associates
Chris Hoff 3/21/11 817-496-1424
CHoff@ga-inc.net
Subsurface Utility
Engineering- (SUE)
Sent SUE statement of qualifications and
references for inclusion as part of FNI
Project Team for RFQ Response Gorrondona & Associates
John Hoenig 3/21/11 214 616.1405
jhoenig@jqeng.com
Structural Design Sent SUE statement of qualifications and
references for inclusion as part of FNI
Project Team for RFQ Response JQ
Eric Spooner, 6/29/11 817-281-2355 Ext 201
espooner@spoonersurveyor
s.com
Surveying Site/Visit/Scope/Fee/Prep
Spooner & Associates
Chris Hoff 6/29/11 817-496-1424
CHoff@ga-inc.net
Subsurface Utility
Engineering- (SUE)
Site/Visit/Scope/Fee/Prep
Gorrondona & Associates
John Hoenig 6/29/11 214 616.1405
jhoenig@jqeng.com
Structural Design Site/Visit/Scope/Fee/Prep
JQ
18.b
Packet Pg. 271
A
t
t
a
c
h
m
e
n
t
:

D
e
l
a
w
a
r
e

C
r
e
e
k

E
n
g
i
n
e
e
r
i
n
g

D
e
s
i
g
n

S
e
r
v
i
c
e
s

A
g
m
t

(
4
0
9
1

:

1
9

A
g
m
t

F
r
e
e
s
e

&

N
i
c
h
o
l
s

f
o
r
GOOD FAITH EFFORT CONTACT LOG
(Form GFE-3 Continued)

Page 2 of 2
M/WBE Firm Name and
Person Contacted Date of Contact
Telephone Number or
Email Address Type of Work Offered Response

Please make additional copies of this form, if needed.

Name of Firm (Prime Contractor) Printed Name

Officers Signature Title

Unable to secure M/WBE participation? See M/WBE Program Guide at www.cityofirving.org for Good Faith Effort checklist
or contact GFE Program Administrator at 972-721-3757.
18.b
Packet Pg. 272
A
t
t
a
c
h
m
e
n
t
:

D
e
l
a
w
a
r
e

C
r
e
e
k

E
n
g
i
n
e
e
r
i
n
g

D
e
s
i
g
n

S
e
r
v
i
c
e
s

A
g
m
t

(
4
0
9
1

:

1
9

A
g
m
t

F
r
e
e
s
e

&

N
i
c
h
o
l
s

f
o
r

(Form GFE-4)

CITY OF IRVING
INTENT TO PERFORM AS SUBCONTRACTOR

TO: City of Irving DATE:
GFE Program Administration

PROJECT NAME:

Bid Amount:

M/WBE Participation Amount:

has agreed to provide the following
(Name Of M/WBE Subcontractor)
good(s)/service(s)

to
(Name Of Prime Contractor)

and is currently certified by:
(M/WBE Subcontractor)

.
(Name Of Agency)
Certification Number:
(Attach certification form.)
The undersigned intends to enter into a formal agreement with the subcontractor listed, conditioned upon being awarded
the City of Irving contract. If any changes are made to this list, the prime contractor must submit to the City for approval a
revised schedule with documented explanations for the changes. Failure to comply with this provision could result in
termination of the contract and/or becoming ineligible for future City contracts.

PRIME CONTRACTOR M/WBE SUBCONTRACTOR

Officers Signature Officers Signature

Mike Wayts
Printed Name Printed Name

Principal/Project Manager
Title Title

Date Date
18.b
Packet Pg. 273
A
t
t
a
c
h
m
e
n
t
:

D
e
l
a
w
a
r
e

C
r
e
e
k

E
n
g
i
n
e
e
r
i
n
g

D
e
s
i
g
n

S
e
r
v
i
c
e
s

A
g
m
t

(
4
0
9
1

:

1
9

A
g
m
t

F
r
e
e
s
e

&

N
i
c
h
o
l
s

f
o
r

D
e
l
a
w
a
r
e

C
r
k

C
h

I
m
p
r
)

(Form GFE-5)

CITY OF IRVING
PAYMENT REPORT FORM

TO: City of Irving DATE:
GFE Program Administration
PROJECT/CONTRACT NAME:

Date of Contract Award: Scheduled Completion Date:

Contractors Business Name:

Contractors Address and Telephone Number:

Amount Received To Date From City of Irving:

Total Dollar Amount Committed To M/WBE Vendors At Time Of Award:
Payment(s) Made Since Last Report:
Name Of Sub-Contractor Amount Paid Date

Total Dollar Amount Paid To Each Sub-Contractor To Date:
Name Of Sub-Contractor Amount Paid

(Use more pages if necessary.)

(Signed) (Title)

To be completed by M/WBE Program Administrator
Percentage of Contract Committed by Contractor to M/WBE Vendors on form GFE-2: %
Percentage of Contract Paid by City to date to Contractor: %
Percentage of Contract paid to date by Contractor to M/WBE Vendors: %
Follow-up actions needed (if any):

18.b
Packet Pg. 274
A
t
t
a
c
h
m
e
n
t
:

D
e
l
a
w
a
r
e

C
r
e
e
k

E
n
g
i
n
e
e
r
i
n
g

D
e
s
i
g
n

S
e
r
v
i
c
e
s

A
g
m
t

(
4
0
9
1

:

1
9

A
g
m
t

F
r
e
e
s
e

&

N
i
c
h
o
l
s

f
o
r

D
e
l
a
w
a
r
e

C
r
k

C
h

I
m
p
r
)
AGENDA ITEM SUMMARY
Resolution -- Approving an Engineering Services Agreement Between the
City of Irving and Halff Associates, Inc., for the Design of the Water Master
Plan Improvements, Section I and Miscellaneous Water and Wastewater
Main Replacements
Department. This project will design the installation of new water mains identified
in the current Water Master Plan to provide better capacity and pressure to the
citys water system. This project is part of the 2011 funding for water and
wastewater improvements.
3. This project will design the installation of over 5,800 linear feet of 12-inch to 20-inch
new water mains and the replacement of almost 16,000 linear feet of water and
wastewater mains along Carl Road, West Northgate Drive, Harvard Street, Esters
Road, Royal Lane and East Pioneer Drive.
4. Request for qualifications were sent to 166 vendors with 38 responses. The top six
firms were interviewed. Halff Associates, Inc., was determined to be one of three
firms to have the best design team expertise and experience for the design of the
work solicited.
5. Staff has negotiated a fair and reasonable agreement with Halff Associates, Inc., for
these services in the amount of $634,875.00 and recommends award. The basic
services fee is 9.5%.
28%.
Fund and $126,975.00 is available in the Sanitary Sewer Bond Fund.
Recommendation
Previous Action: RES-2011-118 Council Action: Approve Authority to Negotiate
.
The grading criteria for the selection was:
Experience with RELEVENT projects, which include water and wastewater replacements
within a fully developed urban area. Knowledge and previous experience with various
19
Packet Pg. 275
methods of water and wastewater replacement and rehabilitation. (25%)
Ability, capacity, skill and organization of the respondent to complete the project within budget
and in an established timeline. Examples of past RELEVENT projects will be helpful in
relating past experiences. Designs for the proposed sites will not be necessary. (25%)
Manner in which the consultant interacts with the various groups involved with the
development of a project (such as regulatory agencies and city staff). (10%)
Financial stability and credit history. (5%)
The character, integrity, reputation, judgment, experience, location and efficiency of the
respondent. (10%)
Ability to adequately convey his perceptions of the scope, opportunities and constraints
surrounding these types of projects. (10%)
Feedback from references. (15%)
ATTACHMENTS:
Engineering Design Services Agreement for Water Master Plan Improvements (PDF)
Estimated Design Schedule for Water Master Plan Improvements (PDF)
2011 Master Water Plan Improvements (PDF)
2011 Water Wastewater Replacements 1 (PDF)
5411-3251-77005-906009 Budget: $507,900.00 Actual: $507,900.00
5412-3271-77005-906010 Budget: $126,975.00 Actual: $126,975.00
P0190768
Prepared: 8/16/2011 08:59 AM by Lana King
19
Packet Pg. 276
CITY OF IRVING
SECTION I. THAT the City Council hereby approves the attached Engineering Services
Agreement between the City of Irving and Halff Associates, Inc., for design services
in connection with Water Master Plan Improvements, Section I and Miscellaneous
Water and Wastewater Main Replacements in an amount not to exceed $634,875.00,
and the Mayor is authorized to execute said agreement.
SECTION II. THAT this expenditure shall be charged to Account No. 5411-3251-77005-906009 in
the amount of $507,900.00 and Account No. 5412-3271-77005-906010 in the amount
of $126,975.00.
__________________________________
Max S. Duplant, CPA
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
19
Packet Pg. 277
1
9
.
a
P
a
c
k
e
t

P
g
.

2
7
8
A t t a c h m e n t : E n g i n e e r i n g D e s i g n S e r v i c e s A g r e e m e n t f o r W a t e r M a s t e r P l a n I m p r o v e m e n t s ( 4 0 9 2 : 1 9
1
9
.
a
P
a
c
k
e
t

P
g
.

2
7
9
1
9
.
a
P
a
c
k
e
t

P
g
.

2
8
0
1
9
.
a
P
a
c
k
e
t

P
g
.

2
8
1
1
9
.
a
P
a
c
k
e
t

P
g
.

2
8
2
1
9
.
a
P
a
c
k
e
t

P
g
.

2
8
3
1
9
.
a
P
a
c
k
e
t

P
g
.

2
8
4
1
9
.
a
P
a
c
k
e
t

P
g
.

2
8
5
1
9
.
a
P
a
c
k
e
t

P
g
.

2
8
6
1
9
.
a
P
a
c
k
e
t

P
g
.

2
8
7
1
9
.
a
P
a
c
k
e
t

P
g
.

2
8
8
1
9
.
a
P
a
c
k
e
t

P
g
.

2
8
9
1
9
.
a
P
a
c
k
e
t

P
g
.

2
9
0
1
9
.
a
P
a
c
k
e
t

P
g
.

2
9
1
1
9
.
a
P
a
c
k
e
t

P
g
.

2
9
2
1
9
.
a
P
a
c
k
e
t

P
g
.

2
9
3
1
9
.
a
P
a
c
k
e
t

P
g
.

2
9
4
1
9
.
a
P
a
c
k
e
t

P
g
.

2
9
5
1
9
.
a
P
a
c
k
e
t

P
g
.

2
9
6
1
9
.
b
P
a
c
k
e
t

P
g
.

2
9
7
A t t a c h m e n t : E s t i m a t e d D e s i g n S c h e d u l e f o r W a t e r M a s t e r P l a n I m p r o v e m e n t s ( 4 0 9 2 : 1 9 A g m t H a l f f A s s o c f o r W a t e r M a s t e r P l a n S e c I )
1
9
.
b
P
a
c
k
e
t

P
g
.

2
9
8
A t t a c h m e n t : E s t i m a t e d D e s i g n S c h e d u l e f o r W a t e r M a s t e r P l a n I m p r o v e m e n t s ( 4 0 9 2 : 1 9 A g m t H a l f f A s s o c f o r W a t e r M a s t e r P l a n S e c I )
/
NOT TO SCALE
MAY - 2011
CI TY OF I RVING
Capit al Improvement Program
Wat er Ut ilit ies
20 11 Ma st er Wa t er Pla n I mprovement s 20 11 Ma st er Wa t er Pla n I mprovement s
19.c
Packet Pg. 299
A
t
t
a
c
h
m
e
n
t
:

2
0
1
1

M
a
s
t
e
r

W
a
t
e
r

P
l
a
n

I
m
p
r
o
v
e
m
e
n
t
s

(
4
0
9
2

:

1
9

A
g
m
t

H
a
l
f
f

A
s
s
o
c

f
o
r

W
a
t
e
r

M
a
s
t
e
r

P
l
a
n

S
e
c

I
)
20 11 Wa t er
Wa st ewa t er Repla cement s
20 11 Wa t er
Wa st ewa t er Repla cement s
/
NOT TO SCALE
MAY - 2011
CI TY OF I RVING
Capit al Improvement Program
Wat er Ut ilit ies
19.d
Packet Pg. 300
A
t
t
a
c
h
m
e
n
t
:

2
0
1
1

W
a
t
e
r

W
a
s
t
e
w
a
t
e
r

R
e
p
l
a
c
e
m
e
n
t
s

1

(
4
0
9
2

:

1
9

A
g
m
t

H
a
l
f
f

A
s
s
o
c

f
o
r

W
a
t
e
r

M
a
s
t
e
r

P
l
a
n

S
e
c

I
)
AGENDA ITEM SUMMARY
Recommending Department: Capital Improvement Program LSR No: N/A
Resolution -- Awarding a Contract to Jeske Construction Co., for Lake
Dredging and Slope Protection for Centennial Park Pond
2. Impact: This project will dredge Delaware Creek within Centennial Park and
construct cast-in-place retaining walls to stabilize the creek slopes.
3. Bids were received from five bidders. Jeske Construction Co., submitted the lowest
and best base bid in the amount of $1,181,455.00. An additional $38,545.00 is
required for testing, bringing the total cost of the project to $1,220,000.00. This is
$168,545.00 (12.5%) below the funding allocated for this project.
4. Funding in the amount of $1,112,097.50 is available in the Municipal Drainage
Utility Bond Fund and $107,902.50 is available in the Municipal Drainage Utility
Fund.
Recommendation
Contract Required: Yes Review Completed By: N/A
.
Bid notices were sent to 431 contractors, of those 337 were M/WBE.
On August 10, 2011, bids were received for the Lake Dredging and Slope Protection for
Centennial Park Pond. The following is a tabulation of the bids received:
Bidder Base Bid Calendar Days
Jeske Construction Co. $1,181,455.00 240
Hasen Construction Services $1,198,933.60 240
Austin Filter Systems, Inc. $1,244,346.00 240
2L Construction LLC $1,267,425.00 240
Shirley and Sons Construction $1,455,923.55 240
ATTACHMENTS:
Centennial Park Slope Protection Exhibit (PDF)
20
Packet Pg. 301
5042-4120-71601-906043 Budget: $1,112,097.50 Actual: $1,112,097.50
5041-4120-71601-906043 Budget: $ 107,902.50 Actual: $ 107,902.50
P0190770
Last Updated: 8/25/2011 01:36 PM by Lana King
20
Packet Pg. 302
CITY OF IRVING
SECTION I. THAT the City Council hereby approves and accepts the bid of Jeske Construction
Co., in the amount of $1,181,455.00 for Lake Dredging and Slope Protection for
Centennial Park Pond and awards the contract to said company in said amount and
authorizes the Mayor to execute said contract.
SECTION II. THAT $38,545.00 is hereby approved and authorized for testing to be performed by
the City of Irving's contracted testing firm.
SECTION III. THAT this expenditure shall be charged to Account No. 5042-4120-71601-906043 in
the amount of $1,112,097.50 and Account No. 5041-4120-71601-906043 in the
amount of $107,902.50.
SECTION IV. THAT this resolution shall take effect from and after its final date of passage, and it is
__________________________________
Max S. Duplant, CPA
20
Packet Pg. 303
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
20
Packet Pg. 304
2
0
.
a
P
a
c
k
e
t

P
g
.

3
0
5
A t t a c h m e n t : C e n t e n n i a l P a r k S l o p e P r o t e c t i o n E x h i b i t ( 4 0 9 9 : 1 9 A w d t o J e s k e C o n s t f o r C e n t e n n i a l P a r k
AGENDA ITEM SUMMARY
Resolution -- Awarding a Contract to Reyes Group Ltd., for the
Northgate/Windsor/Durango/McClendon & East Irving Boulevard Water
Main Improvement Project
Department. This project will provide upgraded water infrastructure for 110
residential properties along five streets and one alley.
3. This project will replace approximately 7,870 linear feet of deteriorated water lines,
water valves and fire hydrants along the following streets:
a. Northgate Drive from Stafford Street to MacArthur Blvd.
b. Windsor Street from Addington Street to Northgate Drive
c. North Durango Circle from Rochelle Blvd. to Durango Court
d. South Durango Circle from Rochelle Blvd. to Durango Court
e. Durango Court
f. Rochelle Blvd. from South Durango Circle to North Durango Circle
g. McClendon Street from North Nursery Road to Milner Road
h. The alley west of 808 East Irving Blvd.
4. Bids were received from five bidders. Reyes Group Ltd., submitted the lowest
responsive bid of $1,455,088.00. An additional $7,275.00 is required for testing,
bringing the total cost of the project to $1,462,363.00.
100%.
6. Funding in the amount of $1,442,311.00 in the Water Improvement Bond Fund and
$20,052.00 is available in the Sanitary Sewer Bond Fund.
Recommendation
Contract Required: Yes Review Completed By: N/A
.
Bid notices were sent to 450 contractors, of those 107 were M/WBE.
On August 11, 2011, bids were received for the Northgate/Windsor/Durango/McClendon &
21
Packet Pg. 306
East Irving Boulevard Water Main Improvement Project. The following is a tabulation of the
bids received:
Bidder Base Bid Calendar Days
Reyes Group Ltd. $1,455,088.00 180
PM Construction & Rehab, LLC $1,469,218.70 180
SKE Construction, LLC $1,479,242.00 180
SAK Construction, LLC $1,875,641.03 180
ARK Contracting Services, LLC Non responsive 210
ATTACHMENTS:
Northgate-Windsor-Durango-McClendon-E Irving Blvd-Water-Main-Impr_ELMO1 (PDF)
Northgate-Windsor-Durango-McClendon-E Irving Blvd-Water-Main-Impr_ELMO2 (PDF)
5411-3251-75901-911013 Budget: $1,442,311.00 Actual: $1,442,311.00
5412-3271-71401-911013 Budget: $ 20,052.00 Actual: $ 20,052.00
P0190839
Last Updated: 8/24/2011 11:14 AM by Lana King
21
Packet Pg. 307
CITY OF IRVING
SECTION I. THAT the City Council hereby approves and accepts the bid of Reyes Group Ltd., in
the amount of $1,455,088.00 for Northgate/Windsor/Durango/McClendon & East
Irving Boulevard Water Main Improvement Project and awards the contract to said
company in said amount and authorizes the Mayor to execute said contract.
SECTION II. THAT $7,275.00 is hereby approved and authorized for testing to be performed by the
City of Irving's contracted testing firm.
SECTION III. THAT this expenditure shall be charged to Account No. 5411-3251-75901-911013 in
the amount of $1,442,311.00 and Account No. 5412-3271-71401-911013 in the
amount of $20,052.00.
SECTION IV. THAT this resolution shall take effect from and after its final date of passage, and it is
__________________________________
Max S. Duplant, CPA
21
Packet Pg. 308
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
21
Packet Pg. 309
E
.

N
O
R
T
H
G
A
T
E

D
R
I
V
E
R
O
C
H
E
L
L
E

B
O
U
L
E
V
A
R
D

S. DURANGO CIR.
N
. D
U
R
AN
G
O
C
IR
C
LE
SAN JUAN CT.
S
O
N
O
R
A
C
T
.
H
I
D
A
L
G
O

S
T
R
E
E
T
L
A

V
I
D
A

C
T
D
U
R
A
N
G
O

C
T
.
N
.

N
U
R
S
E
R
Y

R
O
A
D
W. GRAUWYLER ROAD
McCLENDON STREET
EDITH STREET
MARILYNN STREET
M
I
L
N
E
R

R
O
A
D
21.a
Packet Pg. 310
A
t
t
a
c
h
m
e
n
t
:

N
o
r
t
h
g
a
t
e
-
W
i
n
d
s
o
r
-
D
u
r
a
n
g
o
-
M
c
C
l
e
n
d
o
n
-
E

I
r
v
i
n
g

B
l
v
d
-
W
a
t
e
r
-
M
a
i
n
-
I
m
p
r
_
E
L
M
O
1

(
4
0
9
3

:

1
9

A
w
d

R
e
y
e
s

f
o
r

N
o
r
t
h
g
a
t
e

W
i
n
d
s
o
r
ADDINGTON
COKER
T
R
A
V
I
S
D
O
N
C
A
S
T
E
R
HADRIAN
D
R
A
K
E
B
A
N
G
O
R
F
A
N
N
I
N
W
I
N
D
S
O
R
C
R
O
Y
D
O
N
BRISTOL
S
T
A
F
F
O
R
D
CORONET
F
A
R
N
H
A
M
CARLISLE
ALAMO
SAM HILL
C
R
A
N
S
T
O
N
CARLISLE
M
A
C
A
R
T
H
U
R
W
I
N
D
S
O
R
NORTHGATE DRIVE
EDWARDS
D
E
V
O
N
S
H
I
R
E
808 E. IRVING
BOULEVARD
E. THIRD STREET
E
.

I
R
V
I
N
G

B
O
U
L
E
V
A
R
D
E. SIXTH STREET
E. FOURTH STREET
F
A
L
C
O
N

D
R
I
V
E
N
U
R
S
E
R
Y

R
O
A
D
L
E
E

S
T
.
S
T
R
I
C
K
L
A
N
D

P
L
Z
.
21.b
Packet Pg. 311
A
t
t
a
c
h
m
e
n
t
:

N
o
r
t
h
g
a
t
e
-
W
i
n
d
s
o
r
-
D
u
r
a
n
g
o
-
M
c
C
l
e
n
d
o
n
-
E

I
r
v
i
n
g

B
l
v
d
-
W
a
t
e
r
-
M
a
i
n
-
I
m
p
r
_
E
L
M
O
2

(
4
0
9
3

:

1
9

A
w
d

R
e
y
e
s

f
o
r

N
o
r
t
h
g
a
t
e

W
i
n
d
s
o
r
AGENDA ITEM SUMMARY
Resolution -- Approving Addendum No. 2 to an Engineering Services
Agreement Between the City of Irving and Winkelmann and Associates,
Inc., for the Design of the Grauwyler Road Paving Improvements from Carl
Road to Loop 12 Project
2. Impact: This addendum will provide for the design of the 48-inch water
transmission main (i.e. Jamison supply line) from Grauwyler Road to the north side
of SH 183. It will also break the project into two phases. Phase 1 includes the 48-
inch water transmission design and Phase 2 includes the 48-inch tie-in at Voirin
Road and the completion of paving reconstruction from Carl Road to Loop 12.
Fund.
Recommendation
Contract Required: Yes
Review Completed By:
Previous Action: 11-1-07-439
RES-2008-576
Council Action: Approval of Agreement
Approval of Addendum No. 1
.
On November 1, 2007, the City Council approved an agreement with Winkelmann and
Associates, Inc., for engineering design services for the design of Grauwyler Road Paving
Improvements from Carl Road to Loop 12 Project.
Addendum No. 1 added $36,675.00 (8.9%) to the existing contract amount of $409,800.00,
bringing the new contract total to $446,475.00. An additional 45 calendar days was added to
the existing contract of 240 calendar days, bringing the new contract time to 285 calendar
days.
Addendum No. 2 adds $44,500.00 (9.9%) to the contract amount of $446,475.00, bringing the
new contract total to $490,975.00.
ATTACHMENTS:
Addendum No. 2 Grauwyler Paving Impr Exhibit (PDF)
Addendum No. 2 Grauwyler Paving Impr Letter (PDF)
22
Packet Pg. 312
Addendum No 2 to Winkelmann Assoc Inc for the design of Grauwyler Road Paving Imp from
Carl Road to Loop 12 (DOCX)
5411-3251-75901-907044 Budget: $44,500.00 Actual: $44,500.00
P0172354
22
Packet Pg. 313
CITY OF IRVING
SECTION I. THAT the City Council hereby approves the attached addendum to the agreement
between the City of Irving and Winkelmann and Associates, Inc., for additional
services in connection with the design of the Grauwyler Road Paving Improvements
from Carl Road to Loop 12 Project, more specifically, the design of the 48-inch water
transmission main from Grauwyler Road to the north side of SH 183, in an amount
not to exceed $44,500.00, and the Mayor is authorized to execute said addendum.
SECTION II. THAT this expenditure shall be charged to Account No. 5411-3251-75901-907044.
__________________________________
Max S. Duplant, CPA
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
22
Packet Pg. 314
2
2
.
a
P
a
c
k
e
t

P
g
.

3
1
5
A t t a c h m e n t : A d d e n d u m N o . 2 G r a u w y l e r P a v i n g I m p r E x h i b i t ( 4 0 6 7 : 1 9 A d d 2 t o W i n k e l m a n n f o r
2
2
.
b
P
a
c
k
e
t

P
g
.

3
1
6
A t t a c h m e n t : A d d e n d u m N o . 2 G r a u w y l e r P a v i n g I m p r L e t t e r ( 4 0 6 7 : 1 9 A d d 2 t o W i n k e l m a n n f o r
2
2
.
b
P
a
c
k
e
t

P
g
.

3
1
7
2
2
.
b
P
a
c
k
e
t

P
g
.

3
1
8
ADDENDUM NO. 2
TO THE AGREEM ENT FOR ENGI NEERI NG DESI GN SERVI CES BETWEEN THE CI TY OF IRVI NG (OWNER) AND
WI NKELM ANN AND ASSOCI ATES, INC., (ENGI NEERI NG) DATED NOVEM BER 1, 2007 FOR THE DESI GN OF THE
GRAUWYLER ROAD PAVI NG IM PROVEM ENTS FROM CARL ROAD TO LOOP 12 PROJECT
Dat ed Sept ember 1, 2011
Thi s Addendum No. 2 ser ves t o i ncr ease t he cont r act f ees based on t he f ol l ow i ng addi t i onal w or k:
Separ at e t he 48-i nch wat er l i ne f r om t he pr oj ect and el i mi nat e Voi r i n Road pavi ng/ ut i l i t i es due
t o t he pr oposed bor i ng of t he pr oposed w at er l i ne i n Voi r i n Road. The pr oj ect woul d be
separ at ed i nt o Phase 1 and Phase 2 as f ol l ow s:
o Phase 1: 48-i nch w at er l i ne f r om Gr auw yl er t o t he nor t h r i ght of w ay of SH 183
o Phase 2: Gr auw yl er Road pavi ng i mpr ovement s
The addi t i onal w or k i s mor e f ul l y descr i bed i n t he at t ached l et t er dat ed Jul y 27, 2011.
The f ees of t he exi st i ng cont r act shal l be i ncr eased by a f ee not t o exceed t he f ol l ow i ng amount :
ENGINEERING FEES:
Basi c Engi neer i ng Ser vi ces:
Phase 1:
Desi gn $24,500.00
Const r uct i on phase $ 7,000.00
Phase 2:
Revi se pl an set / quant i t i es /
pr obabl e cost / bi d document s /
appr oval s $ 8,500.00
Const r uct i on phase (i n cur r ent cont r act ) $ 0.00
Aut hor i zed Speci al Ser vi ces:
Phase 1:
Sur vey (desi gn/ pot hol es) $ 4,500.00
TOTAL FEE INCREASE (NOT TO EXCEED): $44,500.00
The t i me of exi st i ng cont r act shal l not be i ncr eased.
Thi s Addendum No. 2 shal l be ef f ect i ve on t he dat e i t i s execut ed by t he l ast par t y t o execut e i t . The
OWNER and ENGINEER her eby agr ee t o amend t he November 1, 2007 Engi neer i ng Ser vi ces Agr eement
(at t ached her et o) as f ol l ow s:
22.c
Packet Pg. 319
A
t
t
a
c
h
m
e
n
t
:

A
d
d
e
n
d
u
m

N
o

2

t
o

W
i
n
k
e
l
m
a
n
n

A
s
s
o
c

I
n
c

f
o
r

t
h
e

d
e
s
i
g
n

o
f

G
r
a
u
w
y
l
e
r

R
o
a
d

P
a
v
i
n
g

I
m
p

f
r
o
m

C
a
r
l

R
o
a
d

t
o

L
o
o
p

1
2

(
4
0
6
7

:

1
9

A
d
d
1. Subsect i on B. of Sect i on VI of t he Agr eement i s amended t o r epl ace t he Ci t y of Ir vi ng Consul t ant
Rei mbur sement Gui del i nes w i t h t he at t ached Exhi bi t A.
2. Subsect i on C. of Sect i on VI of t he Agr eement i s amended t o r ead as f ol l ow s:
SECTION VI
THE ENGINEER S COM PENSATION
C. It i s agr eed by bot h t he OWNER and t he ENGINEER t hat t he f ees pai d under t hi s Agr eement f or
Engi neer Desi gn Ser vi ces f or each phase of engi neer i ng shal l not exceed t he f ol l ow i ng budget ed
amount s w i t hout Ci t y Counci l appr oved r esol ut i on. Thi s f ee shal l be t he onl y amount s due f r om t he
OWNER, and ENGINEER shal l not be r ei mbur sed f or expenses i n addi t i on t o t he f ee.
ENGINEERING FEES:
Basi c Engi neer i ng Ser vi ces:
Pr el i mi nar y, Desi gn, and Const r uct i on Phases
Combi ned Basi c Char ge: $442,250.00
Aut hor i zed Speci al Ser vi ces:
Sur vey (desi gn/ pot hol es) $ 48,725.00
BUDGETED TOTAL: $490,975.00
The BUDGETED TOTAL i s a maxi mum of $490,975.00 and shal l not be exceeded w i t hout Ci t y Counci l
appr oved r esol ut i on.
3. Unchanged pr ovi si ons of t he or i gi nal Agr eement shal l r emai n i n ef f ect .
EXECUTED i n t hr ee (3) count er par t s (each of w hi ch i s an or i gi nal ) on behal f of ENGINEER show n
bel ow , and on behal f of t he OWNER by i t s M AYOR (t her eunt o dul y aut hor i zed) t hi s _____ day of
______________________________, 2011.
OWNER: ENGINEER:
CITY OF IRVING, TEXAS WINKELMANN AND ASSOCIATES, INC.
22.c
Packet Pg. 320
A
t
t
a
c
h
m
e
n
t
:

A
d
d
e
n
d
u
m

N
o

2

t
o

W
i
n
k
e
l
m
a
n
n

A
s
s
o
c

I
n
c

f
o
r

t
h
e

d
e
s
i
g
n

o
f

G
r
a
u
w
y
l
e
r

R
o
a
d

P
a
v
i
n
g

I
m
p

f
r
o
m

C
a
r
l

R
o
a
d

t
o

L
o
o
p

1
2

(
4
0
6
7

:

1
9

A
d
d
ATTEST: ATTEST:
Shanae Jennings, Acting City Secretary
Char l es R. Ander son,
Ci t y At t or ney
22.c
Packet Pg. 321
A
t
t
a
c
h
m
e
n
t
:

A
d
d
e
n
d
u
m

N
o

2

t
o

W
i
n
k
e
l
m
a
n
n

A
s
s
o
c

I
n
c

f
o
r

t
h
e

d
e
s
i
g
n

o
f

G
r
a
u
w
y
l
e
r

R
o
a
d

P
a
v
i
n
g

I
m
p

f
r
o
m

C
a
r
l

R
o
a
d

t
o

L
o
o
p

1
2

(
4
0
6
7

:

1
9

A
d
d
EXHIBIT A
CITY OF IRVING
CONSULTANT REIM BURSEM ENT GUIDELINES
Thi s pol i cy has been est abl i shed t o pr ovi de uni f or m gui del i nes f or pr oper , compl et e and t i mel y
r ei mbur sement of r easonabl e busi ness and t r avel expenses i ncur r ed by consul t ant s engaged by t he Ci t y
of Ir vi ng.
NON COM PLIANCE
Fai l ur e t o compl y w i t h t hi s pol i cy w i l l r esul t i n di sal l ow ance of t he r equest ed r ei mbur sement .
EXPENSE REPORTING
It emi zed expense r epor t s must be submi t t ed w i t h t he r equest f or r ei mbur sement . The expense r epor t
shoul d i ncl ude, at a mi ni mum, t he dat e, amount and pur pose f or t he expendi t ur e.
Recei pt s ar e r equi r ed f or al l t r avel -r el at ed expenses r egar dl ess of t he amount , i ncl udi ng l odgi ng, meal s,
t r anspor t at i on and qual i f i ed mi scel l aneous expenses. If a r ecei pt i s unavai l abl e, a w r i t t en expl anat i on f or
t he expendi t ur e i s r equi r ed.
Use of t he IRS st andar d per di em r at e, i n l i eu of i t emi zi ng expenses, i s al l ow ed.
TRAVEL
LOCAL TRAVEL
Ther e w i l l be no r ei mbur sement f or t he consul t ant s l ocal t r avel i f consul t ant s of f i ces ar e l ocat ed i n or
w i t hi n 75 mi l es of Ir vi ng.
OUT OF TOWN TRAVEL
A. Tr anspor t at i on Ci t y w i l l r ei mbur se Consul t ant s t r avel at economy/ t our i st or f ul l f ar e coach
cl ass w hen engaged i n w or k-r el at ed t r avel on behal f of t he Ci t y.
1. Ai r Tr avel The goal i s t o book f l i ght s w i t h consi der at i on gi ven t o t r avel t i me,
conveni ence t o t he t r avel er and cost ef f ect i veness w i t hout i nt er f er i ng w i t h t he busi ness
pur pose of t he t r avel .
a. Tr avel er s ar e not expect ed t o f l y at unusual t i mes or make f l i ght connect i ons t o
qual i f y f or di scount ed f ar es.
b. Ai r t r avel shal l be coach cl ass usi ng t he l ow est avai l abl e f ar e.
c. If a subst ant i al l y r educed ai r f ar e i s avai l abl e w i t h a Sat ur day ni ght st ay, t he Ci t y
w i l l cover addi t i onal hot el and meal expenses pr ovi ded t hese expenses do not
exceed t he ai r f ar e savi ngs. To be cover ed f or t he addi t i onal day s expenses, t he
t r avel er must at t ach a copy of t he ai r f ar e quot at i on t o t he expense r epor t .
d. The Ci t y w i l l not be r esponsi bl e f or t he cost of addi t i onal f l i ght i nsur ance.
e. Any change i n f l i ght pl ans bef or e or dur i ng t he t r i p t hat i ncr eases t he cost must
be document ed and subst ant i at ed.
22.c
Packet Pg. 322
A
t
t
a
c
h
m
e
n
t
:

A
d
d
e
n
d
u
m

N
o

2

t
o

W
i
n
k
e
l
m
a
n
n

A
s
s
o
c

I
n
c

f
o
r

t
h
e

d
e
s
i
g
n

o
f

G
r
a
u
w
y
l
e
r

R
o
a
d

P
a
v
i
n
g

I
m
p

f
r
o
m

C
a
r
l

R
o
a
d

t
o

L
o
o
p

1
2

(
4
0
6
7

:

1
9

A
d
d
2. Gr ound Tr anspor t at i on
a. Ai r por t par ki ng may be at t he shor t -t er m l ot f or a per i od up t o 24 hour s. Longer
t i mes w i l l be r ei mbur sed at t he l ong-t er m l ot r at e.
b. As an al t er nat i ve t o ai r por t par ki ng, a shar ed-r i de shut t l e ser vi ce may be used.
c. Use of a per sonal aut omobi l e i n l i eu of ai r t r avel i s al l ow ed. The t r avel er w i l l be
r ei mbur sed f or mi l eage at t he cur r ent l y al l ow abl e r at e or t he l east expensi ve
ai r f ar e, w hi chever i s t he l east amount . The ai r f ar e quot e must be document ed
w i t h t he expense r epor t . Inci dent al s associ at ed w i t h aut omobi l e t r avel , ot her
t han t axi and ai r por t par ki ng, w i l l not be i ncl uded i n t he cal cul at i on of t he l ow er
cost . How ever , t he i nci dent al s w i l l be r ei mbur sed i n addi t i on t o mi l eage up t o
t he ai r t r avel cost .
d. Taxi f ar es and shut t l es at t he dest i nat i on ar e r eimbur sabl e onl y i f r equi r ed f or
busi ness pur poses.
e. The Ci t y w i l l r ei mbur se r ent al of mi d-si ze or f ul l si ze vehi cl es but not l uxur y cl ass
vehi cl es.
B. Lodgi ng Consul t ant s r epr esent i ng t he Ci t y shoul d secur e accommodat i ons i n busi ness cl ass
hot el s. For exampl e, Sher at on, D/ FW M ar r i ot t , West i n, et c. Local l odgi ng must be secur ed i n a
hot el l ocat ed w i t hi n t he Ci t y of Ir vi ng. Ther e w i l l be no r ei mbur sement f or consul t ant ' s l ocal
l odgi ng i f consul t ant s of f i ces ar e l ocat ed i n or w i t hi n 75 mi l es of Ir vi ng.
C. M eal s The Ci t y w i l l r ei mbur se f or r easonabl e meal expense up t o $25 per meal . Al l meal s,
r egar dl ess of cost , must be document ed w i t h r ecei pt s. Ther e w i l l be no r ei mbur sement f or t he
consul t ant ' s meal s i f consul t ant s of f i ces ar e l ocat ed i n or w i t hi n 75 mi l es of Ir vi ng.
D. M i scel l aneous Expenses The Ci t y w i l l not r ei mbur se f or char ges l i st ed as mi scel l aneous. Al l
expenses must be i dent i f i ed and backup document at i on must be pr ovi ded upon r equest .
1. Reasonabl e t i ps f or l uggage, housekeepi ng, hot el shut t l es, et c. ar e al l ow abl e busi ness
expenses, i ncl udi ng over w ei ght baggage f ees associ at ed w i t h Ci t y mat er i al s.
2. Cost s f or per sonal expenses such as, but not l i mi t ed t o, movi es, l aundr y, pai n
medi cat i on, w r i t i ng i nst r ument s and mat er i al s, per sonal hygi ene pr oduct s, r eadi ng
mat er i al s, et c. ar e not r ei mbur sabl e.
3. Expenses associ at ed w i t h obt ai ni ng a passpor t f or f or ei gn t r avel ar e not r ei mbur sabl e.
4. Spouse or compani on t r avel i s not r ei mbur sabl e.
BUSINESS EXPENSES
A. Comput er Resear ch The Ci t y w i l l r ei mbur se f or act ual cost , unl ess a r easonabl e mar kup i s
agr eed upon at i ncept i on of cont r act .
B. Inci dent al Char ges The Ci t y w i l l r ei mbur se f or act ual cost of r easonabl e i nci dent al char ges
excl usi ve of mar kup f or del i ver y char ges, f ax, r epr oduct i on, l ong di st ance t el ephone cal l s,
22.c
Packet Pg. 323
A
t
t
a
c
h
m
e
n
t
:

A
d
d
e
n
d
u
m

N
o

2

t
o

W
i
n
k
e
l
m
a
n
n

A
s
s
o
c

I
n
c

f
o
r

t
h
e

d
e
s
i
g
n

o
f

G
r
a
u
w
y
l
e
r

R
o
a
d

P
a
v
i
n
g

I
m
p

f
r
o
m

C
a
r
l

R
o
a
d

t
o

L
o
o
p

1
2

(
4
0
6
7

:

1
9

A
d
d
post age and si mi l ar char ges. How ever , backup document at i on must be pr ovi ded. Di sbur sement s
f or r egul ar i nt r a-of f i ce copyi ng ar e not consi der ed compensabl e.
BILLING/ INVOICES
A. Bi l l ed Hour s Al l i nvoi ces f or w or k shal l st at e t he speci f i c number of hour s spent and t he hour l y
r at e of consul t ant and t he t ask per f or med i n suf f i ci ent det ai l t o per mi t r evi ew of t he t i me
char ged.
B. Bi l l i ng Ti me The Ci t y w i l l not pay f or hour l y t i me w or ked by consul t ant s f or pr epar i ng i nvoi ces,
gat her i ng r ecei pt s or document at i on, or r esear chi ng quest i ons r egar di ng i nvoi ces sent t o t he
Ci t y.
C. Invoi ces Invoi ces f or ser vi ces r ender ed shal l i ncl ude al l backup document at i on i n suf f i ci ent
det ai l t o per mi t r evi ew .
22.c
Packet Pg. 324
A
t
t
a
c
h
m
e
n
t
:

A
d
d
e
n
d
u
m

N
o

2

t
o

W
i
n
k
e
l
m
a
n
n

A
s
s
o
c

I
n
c

f
o
r

t
h
e

d
e
s
i
g
n

o
f

G
r
a
u
w
y
l
e
r

R
o
a
d

P
a
v
i
n
g

I
m
p

f
r
o
m

C
a
r
l

R
o
a
d

t
o

L
o
o
p

1
2

(
4
0
6
7

:

1
9

A
d
d
AGENDA ITEM SUMMARY
Resolution -- Renewing Annual Contract with CHA, Inc., for Annual
Structural Engineering Services
2. Impact: The annual contract provides structural engineering services on an as-
needed basis for review, analysis and/or design of existing or proposed City of
Irving infrastructure, i.e. retaining walls, screening walls and pedestrian bridge
abutments. Structural engineering is a specialized professional skill set that is not
available within existing staff.
3. Staff recommends renewal of this annual contract.
4. The contract will include hourly rates and the funding will be allocated from various
project funds as needed. The city has expended an average of $170,000.00 per
year on structural engineering services over the last two years.
5. Funding in the net estimated amount of $14,666.00 for the period of September 1,
2011 through September 30, 2011, and in the net estimated amount of $155,334.00
for the period of October 1, 2011 through August 31, 2012, subject to funds being
appropriated in the 2011-12 fiscal year budget, will be charged to various project
funds as needed.
Recommendation
Contract Required: N/A Review Completed By: N/A
Previous Action: RES-2010-146 Council Action: Award of Contract
.
The services provided by the vendor are good and pricing will remain the same.
Various Project Funds Budgeted: $170,000.00 Actual: $170,000.00
Last Updated: 8/26/2011 11:21 AM by Lana King
23
Packet Pg. 325
CITY OF IRVING
SECTION I. THAT the City Council hereby renews the engineering services agreement between
the City of Irving and CHA, Inc., for annual structural engineering services in the net
estimated amount of $14,666.00 for the period of September 1, 2011, through
September 30, 2011, and in the net estimated amount of $155,334.00 for the period of
October 1, 2011, through August 31, 2012, subject to funds being appropriated in the
2011-12 fiscal year budget, and authorizes the Mayor to execute any necessary
contract.
SECTION II. THAT this expenditure shall be charged to various project funds as needed.
__________________________________
Max S. Duplant, CPA
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
23
Packet Pg. 326
AGENDA ITEM SUMMARY
Recommending Department: Information Technology LSR No: 12704
Resolution -- Renewing an Agreement with Harris Corporation (Formally
M/A Com) for the Annual Maintenance for Features Extended (FX)
Software for the Enhanced Digital Access Communications System
(EDACS)
3. This maintenance agreement ensures that Harris Corporation keeps our EDACS
system up to date with the latest patches and ensures the City has the latest
programming software for mobiles/portables.
4. This agreement also ensures Harris Corporation keeps a backup of software files
offsite in a secure location in case it is ever necessary to rebuild our system if a
catastrophe occurs.
5. Without these upgrades, the system would eventually be unrepairable and the City
could not maintain the mobiles and portable radios.
6. Funding in the net amount of $60,000.00 for the period of October 1, 2011, through
September 30, 2012 is available in the General Fund, subject to funds being
appropriated in Fiscal Year 2011-12.
Recommendation
Previous Action: Res 2008-503 Council Action: Approved renewal
Comments: Harris is a single source provider of the maintenance of the Citys EDACS
system.
ATTACHMENTS:
Agreement (PDF)
1001-2370-551501-100 Budget: $60,000.00 Award: $60,000.00
Purchase orders will be issued as needed for annual contract.
24
Packet Pg. 327
Prepared: 8/9/2011 10:18 AM by Antina Garza
Last Updated: 8/25/2011 01:01 PM by Antina Garza
24
Packet Pg. 328
CITY OF IRVING
SECTION I. THAT the City Council hereby renews the agreement with Harris Corporation in the
net amount of $60,000.00 for the period of October 1, 2011, through September 30,
2012, for Annual Maintenance for Features Extended (FX) Software for the Enhanced
Digital Access Communications System (EDACS), and awards the contract to said
company in said amount, and authorizes the Mayor to execute any necessary contract.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
24
Packet Pg. 329
2
4
.
a
P
a
c
k
e
t

P
g
.

3
3
0
A t t a c h m e n t : A g r e e m e n t ( 4 0 6 8 : R e n e w M a i n t A g r e e f o r F X S o f t w a r e f o r E D A C S )
AGENDA ITEM SUMMARY
Recommending Department: Real Estate Services LSR No: N/A
Resolution -- Declaring Property Surplus and Authorizing the Taking of
Bids for the Sale of Lots 1 and 2, Block 1, Original Town of Irving Located
at 313 West Irving Boulevard
1. This item supports Strategic Goal No. 3: Economic Development.
2. Impact: Development of this property will positively impact Heritage Crossing.
3. This 1/2 acre property was originally purchased in August 2002 pursuant to Council
Resolution 06-20-02-229 at a purchase price of $350,000.00.
4. As the property can be developed independently, it is eligible to be sold at a sealed
bid sale.
5. The property will be conveyed by Special Warranty Deed, subject to any
easements, reservations, conditions, covenants and restrictive covenants affecting
the property.
6. The City will retain subsurface mineral rights to the property, but will waive the
surface rights in order to not interfere with its use.
7. Minimum bid for the property will be set at $350,000.00 plus the Citys interest cost
and any other costs incurred by the city during its ownership.
8. Bidders will be required to submit a design/development plan for the property
consistent with the plans for revitalization in the Heritage Crossing. The city will
retain the right for final approval of the plans, specifications and use of the property.
Bidders must be actively engaged with redevelopment within the Heritage District
and demonstrate the ability to utilize the proposed development to reduce the citys
financial obligations or promote further land banking related to the redevelopment
initiative.
Recommendation
ATTACHMENTS:
29 Declare Surplus 313 W Irving Blvd Location Map (PDF)
25
Packet Pg. 331
None
Prepared: 8/25/2011 03:25 PM by Cynthia Castro
Last Updated: 8/25/2011 05:12 PM by Doug Janeway
25
Packet Pg. 332
CITY OF IRVING
SECTION I. THAT the City Council hereby determines that certain City of Irving real property
located at 313 West Irving Boulevard, consisting of 0.5 acres of land, and more
specifically described as Lots 1 and 2, Block 1 of the Original Town of Irving, Dallas
County, Texas, according to the map thereof recorded in Volume 1, Page 214 of the
Map Records of Dallas County, Texas, will not be needed for municipal purposes,
that such real property may be legally sold, and staff is authorized to take bids for the
sale of said real property.
accordingly so ordered
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
25
Packet Pg. 333
25.a
Packet Pg. 334
A
t
t
a
c
h
m
e
n
t
:

2
9

D
e
c
l
a
r
e
AGENDA ITEM SUMMARY
Recommending Department: Irving Convention & Visitors Bureau LSR No: 12707
Resolution -- Approving License Agreement with American Tower for a
Distributed Antenna System (DAS) at the Irving Convention Center at Las
Colinas
1. This item supports Strategic Goal No. 3: Economic Development Cultivate an
Environment Conducive to Strong, Successful Economic Development
2. Impact: This license agreement will provide a higher level of customer service for
cell phone users at the Irving Convention Center and generate additional operating
revenue for the facility.
3. American Tower will provide the infrastructure necessary to equip the Irving
Convention Center with a Distributed Antenna System (DAS), which will provide
additional capacity for cell phone users within the facility. The value of this
infrastructure is estimated at $1 million. American Tower is a key provider of these
services in convention centers around the country, and has a solid reputation for
understanding and adapting to the changing needs of convention center exhibitors
and attendees.
4. In return for the license agreement that allows American Tower to establish the
infrastructure, American Tower will provide a sponsorship fee of $150,000.00 to the
Irving Convention Center and will then solicit phone service providers to utilize the
tower.
5. The DAS system can accommodate up to four service providers; as the second and
third providers are brought on board, additional revenue sharing opportunities are
provided for the Irving Convention Center.
6. There is no cost to the Irving Convention Center nor the Irving Convention and
Visitors Bureau for this License Agreement, therefore no funding is required. The
agreement provides incremental revenue opportunities for the convention center
while also providing a higher level of customer service
Recommendation
Previous Action: Council Action:
.
ATTACHMENTS:
A. RES American Tower License Agreement (Final Draft) (PDF)
26
Packet Pg. 335
No Funding is Required - the impact is a revenue gain of $150,000.00 in Other Operating
Income for the Irving Convention Center.
Prepared: 8/3/2011 11:46 AM by Jane Kilburn
26
Packet Pg. 336
CITY OF IRVING
WHEREAS, American Tower will provide the infrastructure necessary to equip the Irving
Convention Center with a Distributed Antenna System (DAS) which will enhance the level of service
provided at the Irving Convention Center to the users of the facility; and
WHEREAS, the Irving Convention Center is a facility intended to promote tourism and the
convention and hotel industry that include advertising and promotional programs to attracts tourists and
convention registrants to Irving; and
IRVING, TEXAS:
SECTION I. THAT the City Council hereby approves the attached In-Building Neutral Host
License Agreement between the City of Irving on behalf of the Irving Convention and
Visitors Bureau/Irving Convention Center and American Tower Corporation, that
provides a sponsorship fee of $150,000.00 and incremental revenue opportunities to
be paid to the Irving Convention Center (Other Operating Income), and the Mayor is
authorized to execute said agreement substantially in the form attached hereto, as
approved by the City Attorney.
SECTION II. THAT the fees received as a result of this agreement will be used to the benefit of the
Irving Convention Center to supplement operating expenses.
26
Packet Pg. 337
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
26
Packet Pg. 338
Irving Convention Center IB License
Revised 6/30/2011 8 26 11
1
IN-BUILDING NEUTRAL HOST LICENSE AGREEMENT
THIS IN-BUILDING NEUTRAL HOST LICENSE AGREEMENT (License), made this
_____ day of ___________, 2011, by and between Licensor and Licensee.
1. Business Terms. For purposes of this License, the following capitalized terms shall have the
meanings set forth in this article 1:
(a) Licensor: City of Irving, Texas for the Irving Convention and Visitors Bureau.
(b) Licensors Notice Address: 500 W. Las Colinas Blvd.
Irving, TX 75039
(c) Licensors Payment Address: 500 W. Las Colinas Blvd.
Irving, TX 75039
(d) Licensee: ATC Indoor DAS LLC, a Delaware limited liability company.
(e) Licensees Notice Address: ATC Indoor DAS LLC
Managed Networks
10 Presidential Way
Woburn, MA 01801
with a copy to: American Tower Corporation
116 Huntington Avenue, 11
th
Floor
Boston, MA 02116
Attn: General Counsel
(f) Interior Space: That certain premises of approximately _____ square feet of space as
more fully depicted on exhibit A located in the Building, subject to expansion as set forth in paragraph
2(b). [If space is not designated at the time of License signing: That certain premises of no more
than 600 square feet located in the Building as designated and approved in accordance with
paragraph 2(a) and to be depicted or designated on exhibit A attached hereto, subject to expansion
as set forth in paragraph 2(b) hereof.]
(g) Building: The building currently known as Irving Convention Center at Las Colinas,
having a street address of 500 W. Las Colinas Blvd. in the city of Irving, county of Dallas, and state of
Texas.
(h) Property: The parcel of land described on exhibit B on which the Building is located.
(i) Initial Term: The initial term of this License shall be for 10 years, subject to adjustment
as set forth in paragraph 1(k), commencing on the Commencement Date, and expiring on the Expiration
Date.
(j) Commencement Date: The date which is the earlier of (i) the date that Licensee
completes the installation of the Equipment and such Equipment is functional; or (ii) the first day after the
expiration of the Due Diligence Period (as defined in article 6).
(k) Expiration Date: At 11:59 p.m. on the last day of the calendar month in which the tenth
anniversary of the Commencement Date occurs, provided however, if the Commencement Date occurs on
26.a
Packet Pg. 339
A
t
t
a
c
h
m
e
n
t
:

A
.

R
E
S

A
m
e
r
i
c
a
n

T
o
w
e
r

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

(
F
i
n
a
l

D
r
a
f
t
)

(
4
0
6
5

:

A
p
p
r
o
v
i
n
g

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

w
i
t
h

A
m
e
r
i
c
a
n

T
o
w
e
r
)
Revised 6/30/2011 8 26 11
2
the first day of a calendar month, then the Expiration Date shall occur on the day immediately preceding
the tenth anniversary of the Commencement Date, but subject to extension for the Renewal Term.
(l) Renewal Term: Subject to article 4, one period of 5 years, commencing upon the
expiration of the Initial Term.
(m) Term: The Initial Term and the Renewal Term, as further provided in paragraph 4(b).
(n) License Year: Each consecutive twelve month period, provided that the first License
Year shall commence on the Commencement Date and expire on the last day of the calendar month in
which the first anniversary of the Commencement Date occurs, unless the Commencement Date occurs
on the first day of a calendar month, in which case, the first License Year shall expire on the day
immediately preceding the first anniversary of the Commencement Date.
(o) Percentage License Fee: Beginning on the date that the third Permitted TC Provider
begins distributing its licensed, wireless frequency on the Equipment , the a sum equal to 10% of the
Aggregate License Fees (as defined in paragraph 5(c) hereof) for all Permitted TC Providers utilizing the
Equipment. Notwithstanding the foregoing, no Percentage Rent shall be due with respect to any period
during which there are fewer than three Permitted TC Providers distributing their respective licensed
frequencies on the Equipment.
(p) Initial Access Fee: $50,000.00, due and payable in accordance with paragraph 5(a).
(q) Carrier Connection Fee: The sum set forth below with respect to each Permitted TC
Provider, payable in accordance with the provisions of paragraph 5(b) hereof:
Permitted TC Provider Carrier Connection Fee
First Permitted TC Provider $ 125,000.00
Second Permitted TC Provider $ 125,000.00
Third Permitted TC Provider $ 75,000.00
Fourth and Subsequent Permitted TC Providers None
2. License of Demised Premises.
(a) Subject to the terms and conditions of this License, Licensor hereby grants to Licensee
the Interior Space, together with and as an appurtenance thereto, non-exclusive access to and use of (i) the
vertical and horizontal risers, raceways, HVAC ducts, conduits and telecommunications pathways in the
Building, (ii) the telecommunication or telecom, utility or mechanical rooms or closets on each floor of
the Building, (iii) the interior ceiling areas of the Building, (iv) the utility connections and entries into and
through the Building, and (v) that certain area of the roof as set forth on Licensees Plans (as defined in
paragraph 7(a)) approved by Licensor (the Interior Space and the foregoing appurtenances hereinafter
collectively referred to as Licensed Premises). [If space is not designated at the time of License
signing, the following will be added: With the submission and as part of Licensees Plans, Licensee
shall submit to Licensor the designation of Interior Space in the Building, which shall be no greater
in size than 600 square feet, such designation to be accompanied by a drawing, sketch or other
description of the proposed Interior Space. Licensor shall either approve or disapprove the
26.a
Packet Pg. 340
A
t
t
a
c
h
m
e
n
t
:

A
.

R
E
S

A
m
e
r
i
c
a
n

T
o
w
e
r

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

(
F
i
n
a
l

D
r
a
f
t
)

(
4
0
6
5

:

A
p
p
r
o
v
i
n
g

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

w
i
t
h

A
m
e
r
i
c
a
n

T
o
w
e
r
)
Revised 6/30/2011 8 26 11
3
designation by Licensee of the Interior Space in accordance with the procedures set forth in
paragraph 7(a) governing Licensees Plans. Licensors approval of such designation of the
proposed Interior Space shall not be unreasonably withheld, conditioned or delayed. If Licensor
rejects Licensees proposed Interior Space, such denial shall be accompanied with the specific,
written reasons by Licensor for such denial and a suggested substitute Interior Space, to be
accompanied by a drawing, sketch or other description of the proposed Interior Space by Licensor.
Licensee shall then have 5 business days to either approve or disapprove of Licensors designation
of proposed Interior Space, which approval shall not be unreasonably withheld, conditioned or
delayed. Licensor and Licensee agree to cooperate and negotiate with each other in good faith to
designate the Interior Space, and upon approval thereof the parties hereto shall initial the drawing,
sketch or other description of the Interior Space, designate such drawing, sketch or other
description as exhibit A, and attach same to this License. Notwithstanding the foregoing, (i)
Licensor shall only designate proposed Interior Space which (A) can reasonably be used to locate
the necessary Equipment of Licensee and one or more Permitted TC Providers therein; (B) is at
least 650 square feet in size; (C) has electrical service available to the boundaries thereof of at least
150 amps at 480 volts three phase; (D) has a floor loading capacity of at least 300 pounds per square
inch; and (E) has reasonable access to the vertical and horizontal risers, raceways, conduits and
telecommunications pathways in the Building; and (ii) notwithstanding the failure of Licensee and
Licensor to agree on the designation of Interior Space as set forth above, Licensor shall have the
obligation to make available to Licensee Interior Space consistent with requirements (A), (B), (C)
(D) and (E) set forth in this paragraph and a portion of the roof to locate thereon an antenna and
other associated hardware and equipment of one or more Permitted TC Provider(s) (as defined in
article 3 hereof) or Licensee in connection with the Permitted Use.]
(b) If Licensee requires additional space to be included within the Interior Space in order to
accommodate the Permitted Use and the equipment of additional Permitted TC Providers (as defined in
article 3), Licensee shall deliver a written request for such expansion to Licensor, which request shall
identify the space intended for such expansion. If Licensor notifies Licensee within 20 days of Licensors
receipt of such notice that Licensor has consented to such expansion, which consent shall not be
unreasonably withheld, conditioned or delayed, such consent shall be deemed an amendment to exhibit A
hereto and the definition of Interior Space.
3. Use. Licensee shall use the Licensed Premises for the sole purposes of (i) installing, operating,
maintaining, and replacing a multi-carrier in-building system (including antennas, radio cabinets and
other miscellaneous hardware, supporting mounts, equipment shelters, wiring, cables, conduits and
connecting hardware) (collectively, Equipment) for the purpose of providing telecommunications
companies the ability to provide voice and/or data, narrowband or broadband wireless services to such
companies customers in or immediately surrounding the Building, and/or (ii) granting one or more
subleases or licenses with respect to the Licensed Premises and access to the Equipment (each sublease
or license, a Collocation Agreement) to one or more telecommunications companies (each a Permitted
TC Provider) for attachment of its radio cabinets, racks and other equipment to the Equipment for the
purpose of receiving and/or distributing the wireless frequency within or immediately surrounding the
Building; all of the foregoing to be used in connection with a wireless communications business and
related activities (collectively, Permitted Use).
4. Term.
(a) The Initial Term shall be as set forth in paragraph 1(i), and subject to extension or
renewal as set forth in paragraph 4(b).
26.a
Packet Pg. 341
A
t
t
a
c
h
m
e
n
t
:

A
.

R
E
S

A
m
e
r
i
c
a
n

T
o
w
e
r

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

(
F
i
n
a
l

D
r
a
f
t
)

(
4
0
6
5

:

A
p
p
r
o
v
i
n
g

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

w
i
t
h

A
m
e
r
i
c
a
n

T
o
w
e
r
)
Revised 6/30/2011 8 26 11
4
(b) The Term shall be automatically extended for the Renewal Term, commencing
immediately after the expiration of the Initial Term (such date hereinafter referred to as the Renewal
Term Commencement Date) and expiring 5 years after the Renewal Term Commencement Date;
provided that:
(i) on the Renewal Term Commencement Date, there shall exist no Licensee Event
of Default (as defined in paragraph 14(a)); and
(ii) Licensee has not given written notice to Licensor at least 60 days prior to the
expiration of the Initial Term that Licensee elects not to exercise its option to renew the License
for the Renewal Term.
(c) If Licensee remains in possession of the Licensee Premises at the expiration of the Term
without a written agreement, such possession shall be deemed a month-to-month tenancy under the same
terms and conditions of this License as if the Term had not expired provided that either Licensor or
Licensee may terminate the month-to-month tenancy upon no less than 30 days prior written notice.
Nothing contained herein shall grant Licensee the right to holdover after the expiration of this License. In
addition to the License fee payable to Licensor in the event of a holdover by Licensee, Licensee agrees to
indemnify and hold Licensor harmless from all losses, costs, damages and expenses (including reasonable
attorneys fees) arising out of or in connection with claims against Licensor founded on or resulting from
the holdover by Licensee and the subsequent leasing or licensing of all or a part of the Licensed Premises
to third parties.
(d) Licensor acknowledges and agrees that this License is styled as a license agreement and
not as a lease agreement at the request of and for the convenience of Licensor. Notwithstanding the
foregoing, Licensor shall not have the right to terminate this License except in accordance with the terms
and conditions of this License.
5. Access Fee, Carrier Connection Fee and Percentage Fee.
(a) In consideration of the access and the exclusivity to the Property granted to Licensee as
set forth in paragraph 9(b) hereof, Licensee shall pay to Licensor the Initial Access Fee within 30 days of
the full execution of this License.
(b) In connection with the benefits to the Licensee of the potential revenues to be generated
from the use by the Permitted TC Provider distributing a licensed frequency to such Permitted TC
Providers actual or potential customers in the Building, from and after the Commencement Date, for
each of the first three (3) Permitted TC Providers which distribute or will distribute a licensed frequency
on the Equipment, Licensee shall pay to Licensor a sum equal the Carrier Connection Fee for each such
Permitted TC Provider that connects to the Equipment. Each Carrier Connection Fee shall be payable
within fifteen (15) days that such particular Permitted TC Provider begins distributing its licensed,
wireless frequency on the Equipment.
(c) During the Term and thereafter, Licensee shall remit to Licensor Percentage License Fee
in accordance with this paragraph 5(c). Beginning on the fifteenth day of each calendar month following
the month in which the Commencement Date occurs and on the fifteenth day of each calendar month
thereafter during the Term and on the fifteenth day of each month following the Term to the extent
Licensee receives Aggregate License Fees, Licensee shall pay to Licensor the Percentage License Fee
then due based on Aggregate License Fees collected in the prior calendar month. Aggregate License
Fees means all rents, payments, fees and other amounts actually received by Licensee from any Permitted
TC Provider allocable to such period within the Term pursuant to any Collocation Agreement, together
with any option fees collected from any actual or prospective Permitted TC Provider with respect to the
26.a
Packet Pg. 342
A
t
t
a
c
h
m
e
n
t
:

A
.

R
E
S

A
m
e
r
i
c
a
n

T
o
w
e
r

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

(
F
i
n
a
l

D
r
a
f
t
)

(
4
0
6
5

:

A
p
p
r
o
v
i
n
g

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

w
i
t
h

A
m
e
r
i
c
a
n

T
o
w
e
r
)
Revised 6/30/2011 8 26 11
5
Building, but exclusive of (i) any reimbursements or pass-throughs from or contributions by Permitted TC
Providers to Licensee (A) for utility charges, taxes and other pass-through expenses, or (B) in connection
with work performed or equipment installed by Licensee; (ii) construction management or supervision
fees related to the installation of a Permitted TC Providers equipment; (iii) initial contributions of capital
by Permitted TC Providers to reimburse Licensee in whole or in part for the installation of the Equipment
in the Building; and (iv) speed bonuses or other incentive fees or remuneration paid by Permitted TC
Providers to Licensee as an incentive or reward for securing multiple sites for Permitted TC Providers or
which are not totally and directly related to the location of the Permitted TC Providers at the Building.
(d) Ninety days after the expiration of each License Year, Licensee shall provide Licensor
with a written statement certified by Licensee setting forth the amount of Aggregate License Fees
collected by Licensee with respect to the Building for the immediate past License Year (Annual
Reconciliation Statement). Within 60 days of the delivery of the Annual Reconciliation Statement to
Licensor as aforesaid, upon 10 days prior written notice to Licensee, Licensor shall have the right to cause
an inspection or audit to be made of Licensees books and records pertaining to the fees and revenues
payable or collected by Licensee from Permitted TC Providers at the Building for such License Year.
The inspection or audit shall be performed by a certified public accountant, who shall not be compensated
on a contingent fee basis, appointed or designated by Licensor and shall occur during normal business
hours at the office of Licensee where Licensee locates such records. If such inspection or audit reveals, in
the judgment of Licensor, an underpayment to Licensor of Percentage License Fee for such License Year,
then Licensor will give notice to Licensee of such underpayment, accompanied by a reasonably detailed
explanation of and together with reasonably detailed supporting data evidencing the basis on which the
claim of an underpayment is made, which claim of underpayment shall be given, if at all, by Licensor no
more than 30 days from the date Licensor commences its audit or inspection unless any such delay results
from the acts or omissions of Licensee. The cost of any such inspection or audit is to be borne by the
Licensor; provided, however, that where such inspection or audit uncovers an actual underpayment to
Licensor of Percentage License fee for such License Year, Licensee shall promptly pay Licensor the
amount of the underpayment and any related audit costs, together with interest as set forth in paragraph
5(g). The failure of Licensor to timely request such inspection or audit under the provisions of this
paragraph 5(d) within 60 days of the delivery of the Annual Reconciliation Statement or the failure of
Licensor to provide timely notice of an underpayment as aforesaid shall be deemed conclusive acceptance
and agreement by Licensor with the contents of the Annual Reconciliation Statement for the immediately
prior License Year.
(e) Licensee shall utilize an accounting system in accordance with good accounting
practices, consistently applied, that will accurately record all Aggregate License Fees derived from the
Building. Licensee shall keep such records, for at least one year after expiration of the relevant License
Year.
(f) In connection with the receipt by Licensor of any written statements calculating
Percentage License Fee and/or the inspection or audit as contemplated in paragraph 5(d), Licensor and the
person conducting the inspection or audit agrees to keep all such information gathered as confidential and
shall not disclose same to any other person or entity except as provided by law or on a need-to-know basis
in connection with the administration of or a dispute involving this License, any existing financing or any
prospective sale, License or leaseback of all or any part of the Building, or any registration or filing with
any governmental authority or pursuant to a subpoena or other judicial process.
(g) Percentage License Fee shall be payable without demand to Licensor at Licensors
Payment Address, or to any other person or entity or to such other address as Licensor may, from time to
time, designate in writing at least 30 days in advance of any payment date. If any payment of fees due
hereunder shall be overdue, it shall thereafter, until paid, bear interest at the rate of the lower of (i) 3%
26.a
Packet Pg. 343
A
t
t
a
c
h
m
e
n
t
:

A
.

R
E
S

A
m
e
r
i
c
a
n

T
o
w
e
r

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

(
F
i
n
a
l

D
r
a
f
t
)

(
4
0
6
5

:

A
p
p
r
o
v
i
n
g

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

w
i
t
h

A
m
e
r
i
c
a
n

T
o
w
e
r
)
Revised 6/30/2011 8 26 11
6
above the prime rate published in the Wall Street Journal, if available from time to time (and, if not
available, then such comparable substitute rate as may be selected by Licensor, from time to time), or
(ii) the highest legal rate permitted by law (such rate being the Interest Rate).
6. Due Diligence Period.
(a) From the date of execution of this License through and including the date which is 12
months after the date of last execution of this License by either Licensee or Licensor ("Due Diligence
Period"), Licensee and its agents, engineers, contractors and other representatives shall have the right, at
Licensees expense and upon reasonable notice to Licensor, to enter the Building to inspect, examine,
survey, sample and conduct all tests, studies, evaluation, engineering and planning which Licensee
believes are reasonable or necessary (i) to determine the feasibility or suitability of the Building for the
Permitted Use, and/or (ii) to pursue and/or secure Collocation Agreements. Licensee, at its own expense,
(x) shall repair any damage caused by such examination or inspection and restore the Building to its
condition prior to such testing, and (y) shall provide Licensor prior to Licensees or its agents or
representatives entry upon the Property pursuant to the authority granted in this article 6 with an
insurance certificate evidencing the existence of commercial general liability and property damage
insurance consistent with paragraph 12(a). If, in the sole, absolute and unreviewable discretion of
Licensee, the Building is not suitable for the Permitted Use, Licensee shall have the right at any time prior
to the expiration of the Due Diligence Period to terminate this License by sending written notice to
Licensor. Thereafter, neither Licensor nor Licensee shall have any further obligation or liability under
this License except that Licensee shall indemnify and hold Licensor and its property manager harmless
from all expenses, costs, damages, loss, claims or liabilities arising from any activities on or at the
Building by Licensee and its agents, engineers, contractors and other representatives during the Due
Diligence Period, excluding, however, any liability arising from any condition existing prior to the date of
Licensees or its agents or representatives entry upon the Property pursuant to this article 6. If Licensee
does not so terminate this License prior to the expiration of the Due Diligence Period, then Licensee will
be deemed to have waived the right to terminate this License pursuant to this article 6, and to have
accepted the condition of the Licensed Premises and the Building in their AS IS condition as of the
Commencement Date, subject to the representations, warranties, covenants and obligations of the
Licensor hereunder.
(b) Licensor represents, warrants and covenants to Licensee that on the date hereof and
throughout the Term, that portion of the Property within the control of the Licensor (and not in the
exclusive control of tenants of the Building), including, but not limited to common areas, is and will
throughout the Term be in material compliance with all valid statutes, ordinances, laws, regulations and
directives of any governmental unit, authority or agency having jurisdiction thereof applicable to the
Property (collectively, Applicable Law).
(c) Within 10 days of request therefor, Licensor shall provide Licensee with copies of all of
the documents related to the Building that Licensee reasonably requests to the extent the same are or may
be related to Licensees investigations during the Due Diligence Period and are within Licensors control
or possession, including, but not limited to, building and floor plans, and structural and environmental
reports.
7. Installation and Maintenance.
(a) Prior to the installation of any Equipment, Licensee shall submit plans to Licensor with
respect to Licensees installation of the Equipment (Licensees Plans), for Licensors written approval,
which approval shall not be unreasonably withheld, conditioned or delayed. It shall be reasonable for
Licensor to withhold its consent if the Licensees Plans or any modifications or changes thereto would
(i) adversely affect any part of the Property outside of the Licensed Premises; or (ii) adversely affect the
26.a
Packet Pg. 344
A
t
t
a
c
h
m
e
n
t
:

A
.

R
E
S

A
m
e
r
i
c
a
n

T
o
w
e
r

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

(
F
i
n
a
l

D
r
a
f
t
)

(
4
0
6
5

:

A
p
p
r
o
v
i
n
g

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

w
i
t
h

A
m
e
r
i
c
a
n

T
o
w
e
r
)
Revised 6/30/2011 8 26 11
7
structural integrity of the Building or the proper functioning of any existing mechanical, electrical,
sanitary or other systems of the Building; or (iii) conflict with the use of the Building by Existing Tenants
(as defined in paragraph 9(a)). Licensor shall have 10 business days after receipt of Licensees Plans to
review same, and either provide written notice to Licensee of the approval or denial of same, and if such
plans are not approved, such denial shall be accompanied with specific written reasons by the Licensor
for such denial. If Licensor timely denies Licensees Plans, Licensee may resubmit amended Licensees
Plans, which Licensor shall approve or reject within 5 business days after receipt of same. References in
this License to Licensees Plans shall include all subsequent amendments and modifications thereto
approved by Licensor consistent with this paragraph 7(a). Licensee shall seek the approval of Licensor
after initial approval of Licensees Plans by Licensor if Licensee desires to modify or reconfigure the
Equipment and such involves (i) the installation of additional cable, conduit or wiring connected to the
Buildings electrical system in addition to that approved previously by Licensor in any riser space or
raceways; (ii) the modification of any antenna on the roof of the Building; or (iii) the installation of
additional components of the Equipment in any portion of the Building other than the Interior Space;
provided, however, that routine maintenance and repairs which do not involve connections to or work on
or otherwise adversely affect equipment, cables or other property of or at the Building owned by
Licensor, other tenants or other third parties, shall not be deemed to be a modification or reconfiguration
of the Equipment and shall not require the Licensors prior written approval. The process to amend
Licensees Plans after the initial approval thereof by the Licensor shall be in accordance with the
procedures set forth in this paragraph 7(a). The parties acknowledge that in order to connect the various
areas of the Licensed Premises that are needed to make the Equipment operational, Licensee shall have
the right to install in certain areas of the Building, conduit and sleeving connecting such locations and
servicing the Equipment. Licensors approval of any installation of Equipment is not a representation that
such installation is in compliance with Applicable Law or that it will not cause interference with other
communications operations in or on the Building. Licensee will notify Licensor at least 2 days prior to
commencing Licensees installation of Equipment. Prior to Licensees entry onto the Property for the
purpose of commencing the installation of any Equipment, but no later than the Commencement Date,
Licensee will, at its own expense, deliver to Licensor the certificates of insurance as required under article
12 confirming that such insurance has been obtained and is in effect.
(b) Licensee shall install, construct and maintain the Equipment on the Licensed Premises at
its sole expense. Such installation shall be in accordance with Licensees Plans approved by Licensor.
All installations and operations in connection with this License by Licensee shall be a in good and
workmanlike manner and compliance with Applicable Law, including but not limited to local zoning
requirements, and shall adhere to reasonable written technical standards developed for the Building by
Licensor as amended from time to time and delivered to Licensee. Prior to the commencement of any
installation of the Equipment, Licensee shall, at its expense, obtain any licenses, permits, authorizations,
consents and approvals (collectively, Required Approvals) required of any governmental agency or
authority having jurisdiction thereof for the commencement and prosecution of such work, and, upon
completion, for the final approval of such work, and shall cause all such work to be performed in
compliance therewith. To the extent any such Required Approvals cannot be obtained unless Licensor
has executed the applications therefor or otherwise cooperates with Licensee, Licensor, at no cost to
Licensor, shall execute such applications or otherwise cooperate with Licensee.
(c) Licensee shall, at Licensee's expense keep and maintain the non-structural portions of the
Interior Space in commercially reasonable condition and repair during the Term. Licensee agrees to
maintain the Equipment in proper operating condition and within industry accepted safety standards. All
penetrations into any Building surfaces by Licensee shall be sealed so as to prevent any water leakage.
Licensor reserves the right to require Licensee to use a roofing contractor specified by Licensor to
perform any work which may involve penetrations into the roof of the Building or may otherwise render
the roof warranty void provided the costs charged by such roofing contractor are competitive with charges
26.a
Packet Pg. 345
A
t
t
a
c
h
m
e
n
t
:

A
.

R
E
S

A
m
e
r
i
c
a
n

T
o
w
e
r

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

(
F
i
n
a
l

D
r
a
f
t
)

(
4
0
6
5

:

A
p
p
r
o
v
i
n
g

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

w
i
t
h

A
m
e
r
i
c
a
n

T
o
w
e
r
)
Revised 6/30/2011 8 26 11
8
for similar services within the same geographic region. Licensor assumes no responsibility for the
licensing, operation and/or maintenance of the Equipment. Licensee shall exercise commercially
reasonable efforts to cause each of the Permitted TC Providers to comply with all of the terms of their
respective Federal Communications Commission (FCC) licenses as they affect the operation of the
Equipment at the Building.
(d) All installation and other work to be performed by Licensee or each Permitted TC
Provider will be done in such a manner so as not to interfere materially with, delay, or impose any
additional expense upon Licensor in maintaining the Building. All fiber optic cable, cable runs, conduit
and sleeving shall be installed in a good workmanlike manner. All cables and transmission lines shall be
routed and attached in accordance with current, state-of-the-art, industry practices.
(e) Licensee shall use commercially reasonable efforts to obtain and maintain any Required
Approvals necessary for the installation or operation of the Equipment at its sole expense.
(f) Licensor shall be responsible for the structural maintenance and upkeep of the Building,
the roof, the mechanical, plumbing and electrical systems of the Building, and the common areas of the
Building, except for the Interior Space to the extent provided in paragraph 7(c) and the core drilling or
other penetrations made by Licensee and contained within the Licensed Premises, which shall be the
responsibility of Licensee. During the Term, Licensor shall supply to the Interior Space building standard
lighting and, if requested by Licensee, heating, ventilation and air conditioning in normal quantities
consistent with that supplied to the remainder of the occupied portions of the Building for human
occupation; provided, however, in the event of an interruption in the provision of building standard
lighting and heating, ventilation and air conditioning as aforesaid, Licensor shall not be liable for any
interruption therefor and there shall be no abatement or reduction of any rent by reason of any of the
foregoing services not being continuously provided to Licensee so long as Licensor acts in a
commercially reasonable manner to restore or cause such services to be restored after interruption thereof.
(g) Notwithstanding the foregoing, after the initial installation of the Equipment in the
Building, Licensor may require Licensee to relocate a portion of the Equipment (such as antenna nodes,
expansion hubs or cabling and conduit in the plenums or raceways of the Building) other than that located
within the Interior Space to alternative areas in order to accommodate a renovation, reconstruction,
modification or reconfiguration of all or part of the Building provided such required relocation of
Equipment shall not negatively impact or materially degrade the quality of service or coverage that the
Equipment and the equipment of the Permitted TC Providers provide to the Building. In the event of a
required relocation under this paragraph, Licensor shall provide at least 90 days prior written notice to
Licensee of the necessity of such relocation of the Equipment or portion thereof, upon which notice
Licensor and Licensee shall each cooperate with each other in effecting the relocation of such Equipment
required to be relocated in order to assure at least the same level of quality of service or coverage that the
Equipment provides in the Building as compared to that then currently existing. Licensor shall bear the
entire actual and reasonable out-of-pocket costs and expenses attendant or arising out of such relocation
of all or any portion of the Equipment and shall pay such costs and expenses within 30 days of receipt of
invoice for same from Licensee.
8. Access. Licensee and its Authorized Personnel shall be entitled to 24 hour, 7 days per week
access to the Licensed Premises for the purpose of conducting its activities consistent with the Permitted
Use and installing, inspecting, maintaining, operating, and repairing the Demised Premises and the
Equipment, including, but not limited to, non-exclusive use of an elevator. Authorized Personnel means
employees, engineers, technicians or contractors of Licensee or any Permitted TC Provider (or persons or
entities under direct supervision of any of the foregoing) who either (A) carry an identification badge
identifying them as employees or agents of Licensee or any Permitted TC Provider, or (B) employees,
26.a
Packet Pg. 346
A
t
t
a
c
h
m
e
n
t
:

A
.

R
E
S

A
m
e
r
i
c
a
n

T
o
w
e
r

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

(
F
i
n
a
l

D
r
a
f
t
)

(
4
0
6
5

:

A
p
p
r
o
v
i
n
g

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

w
i
t
h

A
m
e
r
i
c
a
n

T
o
w
e
r
)
Revised 6/30/2011 8 26 11
9
engineers, contractors or technicians acting on Licensees or any Permitted TC Providers behalf. All
access to the Demised Premises by Licensee shall be subject to the reasonable security requirements and
reasonable rules and regulations in effect at the Building, of which Licensor shall inform Licensee in
writing. If Licensee requires access to the Licensed Premises outside of Licensors normal business
hours, Licensee will be responsible for any reasonable, direct out-of-pocket costs incurred by Licensor in
providing such access to the Licensed Premises.
9. Interference.
(a) Except as contemplated by the Permitted Use, Licensee shall not use the Licensed
Premises in any way that interferes with the use of the Building by (i) Licensor, or (ii) existing in-building
tenants of Licensor leasing or licensing space in the Building primarily for the same or similar use as a
majority of the other tenants in the Building and which is consistent with the purpose for which the
Building is operated (Existing Tenants). The operation of the Equipment shall not interfere with the
maintenance or operation of the existing systems and components of the Building, including but not
limited to the roof, MATV, CATV or other video systems, HVAC systems, electronically controlled
elevator systems, computers, telephone systems, or any other system serving the Building prior to the
Commencement Date. Licensee shall indemnify Licensor and hold Licensor harmless from all expenses,
costs, damages, loss, claims or other expenses and liabilities arising from any such interference, except
that Licensee shall not be required to indemnify nor be liable to Licensor with respect to any
consequential damages, claims for lost profits or punitive or exemplary damages. If interference in
violation of this paragraph 9(a) occurs, Licensee agrees to take all reasonable actions as soon as
practicable, including, but not limited to, ceasing all operations (except for testing as approved by
Licensor) until such interference has been corrected to the reasonable satisfaction of the Licensor.
Licensee shall be responsible for all costs associated with any tests or remediation deemed necessary to
resolve any and all interference for which Licensee is responsible under this paragraph 9(a). If such
interference has not been corrected within 30 days, Licensor may require Licensee to remove the specific
portions of the Equipment causing such interference. All operations by Licensee shall be lawful and in
compliance with all Applicable Law, including, but not limited to, FCC rules and regulations.
Notwithstanding the foregoing, Licensor agrees to cooperate with Licensee in Licensees efforts to
eliminate or prevent any interference with the proper operation of the Equipment and the Equipment of
any Permitted TC Provider caused by any Building systems or any equipment of any other Licensee or
occupant.
(b) As a material inducement for Licensee to enter into this License, Licensor hereby grants
to Licensee the exclusive right during the Due Diligence Period and the Term to market, install, operate
and control the operation of telecommunication facilities substantially similar to the Equipment or the
Permitted Use, (i) which provide single or multiple host in-building coverage for voice and/or data,
narrowband or broadband wireless telecommunications carriers, or (ii) which distribute one or more such
wireless telecommunications carriers frequency within the Building (collectively, Exclusive Uses).
Licensor shall have no right during the Term to License, license, sublease, sublicense or grant any right of
possession or use of the Building to other parties for the Exclusive Uses, and covenants that it will not
operate or permit or allow any other party to operate such systems in the Building during the Term.
(c) Licensee shall not allow any excessive or objectionable levels of noise to be generated by
the Equipment during normal operations.
(d) If an emergency situation exists which Licensor reasonably determines to be attributable
to the Equipment, Licensor shall immediately notify Licensee verbally, which shall act diligently and
expediently to remedy the emergency situation. Should Licensee fail to so remedy the emergency
situation as soon thereafter as practicable or should Licensor reasonably determine that the response time
26.a
Packet Pg. 347
A
t
t
a
c
h
m
e
n
t
:

A
.

R
E
S

A
m
e
r
i
c
a
n

T
o
w
e
r

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

(
F
i
n
a
l

D
r
a
f
t
)

(
4
0
6
5

:

A
p
p
r
o
v
i
n
g

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

w
i
t
h

A
m
e
r
i
c
a
n

T
o
w
e
r
)
Revised 6/30/2011 8 26 11
10
by Licensee is not adequate given the nature of the emergency, and if such emergency poses an
immediate threat to either life, human safety or is likely to result in significant property damage, then
Licensor may take whatever commercially reasonable action is necessary in order to avoid such
consequence and Licensee shall have no recourse against Licensor as a result of such action.
Notwithstanding the foregoing, if during such period, Licensee shall act in good faith to remedy the cause
of such emergency, Licensor shall restore whatever services it may have previously disrupted in order to
permit Licensee to continue its efforts to remedy the cause of such emergency.
(e) Subsequent to the date hereof, Licensor agrees that neither it nor any Licensee, licensee
or occupant of the Building will be permitted to install in and/or on the Property equipment that is of the
type and frequency which will cause interference with the operation of the Equipment or with Licensee's
Permitted Use. In the event the installation or operation of such equipment causes interference to
Licensee or any Permitted TC Provider, Licensor agrees to direct and cause such interfering party to
correct and eliminate the interference or to remove the items causing such interference, except for
intermittent testing for the purpose of eliminating such interference. If such interference has not been
eliminated or corrected within 30 days of notice to Licensor of such interference, Licensee shall have the
right, in addition to all other rights and remedies at law or in equity, to terminate this License. Licensor
shall require substantially similar interference language as outlined in this paragraph 9(e) in all future
communications leases or licenses with future tenants or licensees at the Property.
10. Assignment; Subleasing; Licensing.
(a) Licensee may assign this License and its rights hereunder (including, without limitation
its right to renew) to any person or business entity which is an Affiliate of Licensee or to any lender or
provider of financing to Licensee without the prior consent of Licensor. For purposes of this section, an
Affiliate is any corporation or other entity which (i) directly or indirectly (through one or more
subsidiaries) controls Licensee, or (ii) is controlled directly or indirectly (through one or more
subsidiaries) by Licensee, or (iii) is under the common control directly or indirectly (through one or more
subsidiaries) with Licensee by the same parent corporation or other entity, or (iv) is the successor or
surviving entity by a merger or consolidation of any such entity pursuant to Applicable Law, or (v)
purchases substantially all of the assets of Licensee. Notwithstanding anything contained in this License
to the contrary, if Licensee or a corporation or other entity which directly or indirectly (through one or
more subsidiaries) controls Licensee is a corporation or other entity whose equity interests are listed and
traded on a nationally recognized securities exchange or over-the-counter market, the transfer, sale or
other disposition (including issuance) of stock or other equity interests in such corporation or other entity
shall not be deemed an assignment of this License.
(b) Licensor acknowledges that Licensee is in the business of subleasing or licensing all or
portions of the Licensed Premises to Permitted TC Providers pursuant to Collocation Agreements.
Licensee may enter into any Collocation Agreement without the consent of Licensor provided (i) the term
of the Collocation Agreement does not exceed the maximum Term of this License, assuming the Renewal
Term is available, and (ii) notwithstanding the terms of such Collocation Agreement, Licensee shall
remain liable for all of the terms and conditions of this License. Licensee shall remain liable for and
hereby indemnifies and shall protect and defend Licensor from and against all costs, damages, or liability
(including reasonable attorneys fees actually incurred) resulting from all acts or omissions of Permitted
TC Providers to the extent such act or omission is permitted by Collocation Agreements and such
permission is contrary to or inconsistent with the terms of this License.
11. Taxes and Assessments. Licensee shall pay any taxes, assessments, charges, or fees identifiable
and directly attributable to the Equipment and the use of the Licensed Premises levied under any
Applicable Law, including any increase in real property taxes chargeable to Licensor resulting from the
26.a
Packet Pg. 348
A
t
t
a
c
h
m
e
n
t
:

A
.

R
E
S

A
m
e
r
i
c
a
n

T
o
w
e
r

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

(
F
i
n
a
l

D
r
a
f
t
)

(
4
0
6
5

:

A
p
p
r
o
v
i
n
g

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

w
i
t
h

A
m
e
r
i
c
a
n

T
o
w
e
r
)
Revised 6/30/2011 8 26 11
11
installation of the Equipment and any use and occupancy taxes chargeable with respect thereto. The
parties agree that the Equipment shall remain the personal property of Licensee or Permitted TC
Providers during the Term notwithstanding the fact that the Equipment may be affixed or attached to the
Property, including, but not limited to, the Building. Notwithstanding the foregoing, Licensee shall have
no liability for any excess profit taxes, franchise taxes, gift taxes, capital stock taxes, inheritance and
succession taxes, estate taxes, federal and state income taxes, and other taxes to the extent applicable to
Licensor's general or net income or chargeable to Licensor as a result of Licensors business.
12. Insurance, Release and Hold Harmless.
(a) Licensee shall, at Licensees sole cost, procure and continue in force during the Term:
(i) workers compensation insurance (at statutory limits) and employers liability
insurance with minimum limits of $500,000;
(ii) commercial general liability and property damage insurance (including
completed operations and contractual liability) on an occurrence basis in an amount not less than
$2,000,000 combined single limit; and
(iii) excess liability (umbrella) insurance with a minimum limit of $5,000,000 per
occurrence.
All policies shall be written by an insurer acceptable to Licensor licensed to do business in the
state where the Property is located and shall provide that such coverage shall not be cancelled or
materially, adversely changed without a minimum of 30 days written notice to Licensor. The insurance
described in clause (ii) above shall name City of Irving Licensor and SMG Licensors property manager
as additional insureds. Licensee may procure and maintain such coverage required under this paragraph
12(a) under one or more blanket policies of insurance covering the Licensed Building.
(b) Licensee shall require that its contractors (and any subcontractors) produce, prior to
commencing any installation, repair, or maintenance work at the Licensed Building, a certificate of
original insurance policy evidencing the existence of the insurance described in clauses (i) and (ii) of
paragraph 12(a) as well as builder's risk insurance with a limit not less than 100% of the estimated value
of the improvements being constructed by or on behalf of such contractor or subcontractor. All policies
under this paragraph 12(b) other than the workers compensation policy shall name Licensor and
Licensors property manager as additional insureds and shall contain a 30 day written notice of
cancellation to Licensor. Such insurance may be carried under one or more blanket policies covering the
Licensed Premises and other locations of such contractor or subcontractor, if any.
(c) Licensee agrees that City of Irving Licensor and its property manager and their respective
shareholders, directors, members, managers, partners, officers, employees and agents (collectively,
Licensor Parties) shall not be liable to Licensee, and Licensee hereby releases the Licensor Parties, for
any personal injury or damage to or loss of personal property in the Licensed Premises from any cause
whatsoever unless such damage, loss or injury is the result of the sole negligence or willful misconduct of
the Licensor Parties; and the Licensor Parties shall not be liable to Licensee for any such damage or loss
whether or not the result of their sole negligence to the extent Licensee is compensated therefor by
Licensee's insurance required to be maintained hereunder or actually maintained by Licensee and
Licensor Parties shall in no event be liable to Licensee for any consequential, exemplary or punitive
damages in connection with the foregoing.
(d) Licensor agrees that Licensee and its shareholders, directors, members, managers,
partners, officers, employees and agents (collectively, Licensee Parties) shall not be liable to Licensor,
26.a
Packet Pg. 349
A
t
t
a
c
h
m
e
n
t
:

A
.

R
E
S

A
m
e
r
i
c
a
n

T
o
w
e
r

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

(
F
i
n
a
l

D
r
a
f
t
)

(
4
0
6
5

:

A
p
p
r
o
v
i
n
g

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

w
i
t
h

A
m
e
r
i
c
a
n

T
o
w
e
r
)
Revised 6/30/2011 8 26 11
12
and Licensor hereby releases the Licensee Parties, for any personal injury or damage to or loss of personal
property in any part of the Building other than the Licensed Premises from any cause whatsoever unless
such damage, loss or injury is the result of the negligence or willful misconduct of the Licensee Parties;
and the Licensee Parties shall not be liable to Licensor for any such damage or loss whether or not the
result of Licensors negligence to the extent Licensor is compensated therefor by Licensor's insurance
required to be maintained hereunder or actually maintained by Licensor and Licensee shall in no event be
liable to Licensor for any consequential, exemplary or punitive damages in connection with the foregoing.
(e) Subject to paragraph 12(g), Licensee shall defend, indemnify and save harmless Licensor
Parties against and from all liabilities, obligations, damages, penalties, claims, costs, charges and
expenses, including reasonable attorneys' fees actually incurred, which may be imposed upon or incurred
by or asserted against the Licensor Parties for (i) any work or act done in, on or about the Building or any
part thereof at the direction of Licensee, its agents, contractors, subcontractors or employees, except if
such work or act is done or performed by Licensor Parties or their contractors, agents or employees; and
(ii) any negligence or other wrongful act or omission on the part of Licensee or any of its agents,
contractors, subcontractors or employees; excluding in each event for liability, obligations, damages,
penalties, claims, costs, charges and expenses caused or resulting from the sole negligence or willful
misconduct of Licensor Parties or their contractors or subcontractors.
(f) Subject to paragraph 12(g), Licensor shall defend and save harmless the Licensee Parties
against and from all liabilities, obligations, damages, penalties, claims, costs, charges and expenses,
including reasonable attorneys' fees actually incurred, which may be imposed upon or incurred by or
asserted against the Licensee Parties for (i) any work or act done in, on or about the Building or any part
thereof, at the direction of Licensor Parties or their agents, contractors, subcontractors or employees,
except if such work or act is done or performed by Licensee Parties or their contractors, subtenants,
licensees, agents or employees; and (ii) any negligence or other wrongful act or omission on the part of
Licensor or any of its agents, contractors, subcontractors or employees; excluding in each event for
liability, obligations, damages, penalties, claims, costs, charges and expenses caused by or resulting from
the negligence or misconduct of the Licensee Parties or their contractors or subcontractors.
(g) To the maximum extent permitted under Applicable Law, Licensor releases and waives
unto Licensee Parties, and Licensee releases and waives unto Licensor Parties, any and every claim which
arises or which may arise in its favor and against the other party hereto for any and all loss of, or damage
to, any of its property located within or upon or constituting a part of the Property to the extent that such
loss or damage is recovered or recoverable under an insurance policy or policies required to be
maintained under this License or actually maintained by the waiving party. All policies of insurance
carried or maintained by a waiving party or required to be maintained pursuant to this License shall
contain or be endorsed to contain a provision whereby the insurer waives all rights of subrogation against
either Licensee or Licensor, as the case may be, provided such a provision shall be obtainable. If
insurance policies with such waiver of subrogation provision shall not be obtainable, then the provisions
relating to waiver of subrogation as contained in this paragraph 12(g) shall have no effect during such
time as insurance policies with a waiver of subrogation shall not be obtainable. If any provision relating
to a waiver of subrogation as set forth in this paragraph 12(g) shall contravene any present or future law
with respect to exculpatory agreements, the liability of the party affected shall be deemed not released,
but shall be secondary to the others insurer.
(h) Licensor shall, at Licensors sole cost, procure and continue in force during the Term, a
commercial general liability and property damage insurance policy on an occurrence basis in an amount
not less than $2,000,000 combined single limit. Upon request of Licensee, Licensor shall provide a
certificate of insurance to Licensee evidencing such coverage.
26.a
Packet Pg. 350
A
t
t
a
c
h
m
e
n
t
:

A
.

R
E
S

A
m
e
r
i
c
a
n

T
o
w
e
r

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

(
F
i
n
a
l

D
r
a
f
t
)

(
4
0
6
5

:

A
p
p
r
o
v
i
n
g

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

w
i
t
h

A
m
e
r
i
c
a
n

T
o
w
e
r
)
Revised 6/30/2011 8 26 11
13
13. Removal of the Equipment Upon Termination or Expiration of the License. Following any
termination or expiration of this License, Licensee shall remove all of the Equipment from the Property.
In performing such removal, Licensee shall restore the Licensed Premises and any personal property and
fixtures thereon to as good a condition as they were prior to the installation or placement of the
Equipment, reasonable wear and tear and casualty excepted. If Licensee fails to remove such Equipment
within 30 days after expiration or earlier termination of this License, Licensor may remove and store such
Equipment and Licensee shall reimburse Licensor for the costs of such removal and restoration of the
Licensed Premises and any storage costs incurred by Licensor, and Licensor may not sell or dispose of
such Equipment until 6 months after the expiration or sooner termination of this License.
Notwithstanding the foregoing, nothing contained herein shall require Licensee to remove any of the fiber
optic or other cable, wiring, sleeving or conduit installed by Licensee or restore or fill-in the risers or any
core drillings that Licensee created in the Building, provided that Licensee shall properly cut, cap and
secure such fiber and other cable, wiring, sleeving or conduit within the Building within 30 days of the
termination or expiration of the License.
14. Event of Default.
(a) It shall be a Licensee Event of Default if one or more of the following events shall occur:
(i) Licensee fails to pay when due any Fee or other sum of money specified
hereunder to be paid by Licensee, and Licensee shall not remedy such failure within 10 business
days after written notice thereof from Licensor; or
(ii) Licensee fails to observe or perform any other terms and conditions of this
License to be observed or performed by Licensee, and Licensee shall not remedy such failure
within 30 days after written notice of such failure or, if such failure is not reasonably susceptible
to being remedied in such period, if Licensee shall not within such period commence to remedy
such failure and thereafter exercise commercially reasonable efforts to prosecute such remedy to
completion; or
(iii) Licensee shall make an assignment of all or substantially all of the property of
Licensee for the benefit of creditors, or it shall file a voluntary petition under any bankruptcy or
insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be
filed against Licensee under any bankruptcy or insolvency law, or whenever a petition shall be
filed against Licensee under the reorganization provisions of the United States Bankruptcy Act or
under the provisions of any law of like import, or whenever a permanent receiver of Licensee or
for the property of Licensee shall be appointed, and if such foregoing event occurs without the
acquiescence or consent of Licensee, continues or remains pending for 90 days after the
occurrence of such event.
(b) After the occurrence of a Licensee Event of Default, Licensor shall be entitled to pursue
any and all legal and equitable rights and remedies permitted by Applicable Law; provided, however,
notwithstanding the foregoing, Licensor shall not be entitled to commence proceedings to eject Licensee
from the Licensed Premises, terminate this License or Licensees right of possession of the Licensed
Premises, or otherwise terminate the Term and license hereby granted after a Licensee Event of Default,
without providing at least 15 business days prior written notice to Licensee of Licensors intention
thereof, during which time Licensee shall have the right and be entitled to cure such Licensee Event of
Default. Upon a valid termination of this License, all rights of Licensee under this License shall expire
and terminate and Licensee shall thereupon quit and surrender possession of the Licensed Premises to
Licensor in the condition elsewhere herein required. Licensor shall have the obligation to mitigate its
damages arising out of or resulting from a Licensee Event of Default and subsequent events.
26.a
Packet Pg. 351
A
t
t
a
c
h
m
e
n
t
:

A
.

R
E
S

A
m
e
r
i
c
a
n

T
o
w
e
r

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

(
F
i
n
a
l

D
r
a
f
t
)

(
4
0
6
5

:

A
p
p
r
o
v
i
n
g

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

w
i
t
h

A
m
e
r
i
c
a
n

T
o
w
e
r
)
Revised 6/30/2011 8 26 11
14
(c) It shall be a Licensor Event of Default if (i) one or more of Licensors representations or
warranties is false in any material respect, or (ii) Licensor shall fail to observe or perform any of the terms
and conditions of this License to be observed or performed by Licensor, and Licensor shall not remedy
such failure as soon as reasonably practicable after written notice thereof is given to Licensor, but in no
event later than 30 days thereafter, or if such failure is not reasonably susceptible to being remedied
within such 30 day period, if Licensor shall not within such 30 day period commence to remedy such
failure and thereafter exercise commercially reasonable efforts to prosecute such remedy to completion.
(d) Upon the occurrence of a Licensor Event of Default, Licensee, subject to the terms
hereof, shall be entitled to remove equipment and vacate the licensed premises; provided, however,
notwithstanding the foregoing, Licensee shall not be entitled to terminate this License without providing
at least 15 business days prior written notice to Licensor of Licensees intention thereof, during which
time Licensor shall have the right and be entitled to cure such Licensor Event of Default. If, as a result of
such a Licensor Event of Default, this License is terminated in its entirety, then upon such termination,
Licensor shall pay to Licensee, as Licensees sole and exclusive remedy, (a) the unamortized portion of
the cost of the acquisition and installation of the Equipment (amortized on a straight line basis over a 15
year period), together with (b) interest thereon at the Interest Rate. Interest shall accrue from and
including the 31
st
day after the date it is determined that a Licensor Event of Default has occurred and
written demand is made upon Licensor for the unamortized cost of the Equipment. If Licensee pursues an
action for damages or injunctive relief, Licensees monetary damage claim shall beexclusively as set forth
above, and in no event shall such damages include consequential damages.
(e) Notwithstanding anything in this License to the contrary, Licensee and Licensor hereby
waive any claim that each may have against the other with respect to any punitive or consequential
damages.
15. Termination by Licensee. Notwithstanding paragraphs 4(a) and 4(b), following the
Commencement Date, provided that no Licensee Event of Default exists at the time of Licensees written
notice, Licensee may, but shall have no obligation to, terminate this License without further liability in
the following circumstances:
(a) upon 30 days prior written notice if greater than 2/3 of the Permitted TC Providers at the
Building are unable to obtain, maintain or reinstate within 30 days any easement, permit or governmental
approval necessary for the construction or operation of the Equipment consistent with the Permitted Use
despite Licensee causing such Permitted TC Providers to use their diligent efforts in good faith to obtain
and maintain any government approvals; or
(b) upon 30 days prior written notice if greater than 2/3 of the Permitted TC Providers at the
Building are unable to operate the Equipment in accordance with the Permitted Use as a result of material
interference (other than on a temporary, non-recurring basis) resulting from the act of any third party
other than an Existing Licensee; or
(c) upon 90 days prior written notice if greater than 2/3 of the Permitted TC Providers at the
Building determine that based on (i) technology, or (ii) changes in system design or system usage
patterns, the use of the Equipment (as the same may have been modified from time to time) by such
Permitted TC Providers is no longer consistent with the optimal operation of each Permitted TC
Providers system; or
(d) upon 180 days prior written notice.
Upon Licensee terminating in accordance with this article 15, (i) Licensee shall surrender and vacate the
Licensed Premises and deliver possession thereof to Licensor on or before the termination date stated in
26.a
Packet Pg. 352
A
t
t
a
c
h
m
e
n
t
:

A
.

R
E
S

A
m
e
r
i
c
a
n

T
o
w
e
r

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

(
F
i
n
a
l

D
r
a
f
t
)

(
4
0
6
5

:

A
p
p
r
o
v
i
n
g

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

w
i
t
h

A
m
e
r
i
c
a
n

T
o
w
e
r
)
Revised 6/30/2011 8 26 11
15
such termination notice in the condition required under this License for surrender of the Licensed
Premises; (ii) all Percentage Fee and any additional fees payable under this License with respect to the
Demised Premises shall be paid through and apportioned as of the date of termination; and (iii) neither
party shall have any rights, liabilities or obligations under this License with respect to the Licensed
Premises surrendered by the Licensee for the period accruing after the effective date of termination of the
License, except those which, by the provisions of this License, expressly survive the expiration or
termination of the Term.
16. Electrical Utilities. Licensee shall pay for all electricity consumed at or in the Licensed
Premises allocable to the operation of the Equipment. At Licensors option and subject to compliance
with Applicable Law, Licensee may either (i) contract directly with the local electrical utility servicing
the Building and have such utility install, at Licensees expense, separate metering devices to measure
Licensees electrical usage, in which case Licensee shall pay such utility directly for such usage, or (ii)
connect to the Buildings electrical system and install, at Licensees expense, a sub-meter to measure
Licensees usage. Notwithstanding the preceding sentence, Licensor shall not have the option to require
Licensee to contract directly with the electrical utility as set forth in clause (i) above if the cost to install
separate metering devices to measure Licensees electrical usage exceeds the cost to install submeters as
set forth in clause (ii) above by more than $2,000.00. If Licensee is not billed directly by the electrical
utility, (a) Licensee shall pay for Licensees power consumption based on the average kilowatt-hour rate
actually paid by Licensor to the utility for electricity at the Building without mark-up by or profit to
Licensor (but taking into account all direct costs and expenses actually incurred by Licensor to provide
such utility); (b) Licensor shall bill Licensee for such utility usage periodically as and when Licensor
receives its electricity bill for the Building, and will include in invoices sent to Licensee a statement of
Licensees usage and evidence reasonably substantiating Licensors charges therefor pursuant to
preceding clause (a); and (c) Licensee shall pay the charges so billed by Licensor within 30 days after
receipt of Licensors bill and required accompanying documentation. Licensor agrees to make a
reasonable effort to schedule any planned utility outage outside of the Buildings normal business day and
shall notify Licensee at least 2 business days in advance of any planned utility outages of which Licensor
has notice that may interfere with the use and operation of the Equipment. Licensee agrees that Licensor
has no obligation or responsibility to provide emergency or backup power to Licensee, and Licensee
acknowledges that any such provision of emergency or backup power shall be the sole responsibility of
Licensee; provided Licensor agrees to reasonably cooperate with Licensee in obtaining temporary,
alternate power during planned utility outages.
17. Mechanics Liens. Licensee shall not permit any mechanic's, laborer's, or materialman's lien to
be filed against the Building and the Property or any part thereof by reason of work, labor, services, or
materials requested and supplies claimed to have been requested by Licensee; and if such lien shall at any
time be so filed, Licensee shall cause it to be canceled and discharged of record (by bonding or
otherwise), within 15 days after notice of the filing thereof, and Licensee shall indemnify and hold
harmless Licensor from any loss incurred in connection therewith.
18. Casualty and Condemnation.
(a) In case of damage to the Building or the Licensed Premises or those portions of the
Building or the Licensed Premises which are essential to the operation of the Equipment by fire or other
casualty, Licensor shall, at its expense, cause such damage to be repaired to a condition as nearly as
practicable to that existing prior to the damage and otherwise consistent with Applicable Law, with
reasonable speed and diligence, but subject to delays which may arise by reason of adjustment of loss
under insurance policies, Applicable Law, and beyond the reasonable control of Licensor, including force
majeure. Licensor shall not, however, be obligated to repair, restore, or rebuild any of Licensee's
personal property, including but not limited to, the Equipment. Licensor shall not be liable for any
26.a
Packet Pg. 353
A
t
t
a
c
h
m
e
n
t
:

A
.

R
E
S

A
m
e
r
i
c
a
n

T
o
w
e
r

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

(
F
i
n
a
l

D
r
a
f
t
)

(
4
0
6
5

:

A
p
p
r
o
v
i
n
g

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

w
i
t
h

A
m
e
r
i
c
a
n

T
o
w
e
r
)
Revised 6/30/2011 8 26 11
16
inconvenience or annoyance to Licensee or injury to Licensees business resulting in any way from such
casualty or the repair thereof consistent with the terms of this License provided, to the extent and for the
time that the Building or the Licensed Premises are thereby rendered unusable for the Permitted Use, the
Fee shall proportionately abate. Notwithstanding the foregoing, if (i) the damage shall involve the
Building generally and shall be so extensive that Licensor shall decide not to repair or rebuild the
Building; (ii) the casualty shall not be of a type insured against under standard fire policies with extended
type coverage; (iii) the holder of any mortgage, deed of trust or similar security interest encumbering the
Building shall not permit the application of adequate insurance proceeds for repair or restoration, this
License shall, at the option of Licensor, exercisable by written notice to Licensee given within 20 days
after Licensor is notified of or otherwise becomes aware of the occurrence of the casualty, be terminated
as of the date of such casualty, and the Fee (taking into account any abatement as aforesaid) shall be
adjusted to the termination date and Licensee shall thereupon promptly vacate the Licensed Premises
consistent with the terms of this License. Notwithstanding the foregoing, Licensee shall be permitted to
terminate this License if the Licensed Premises has been rendered unusable for the Permitted Use, and (i)
Licensors estimated period for completion of the repair and restoration of the Building as required under
this License exceeds 30 days from the date of the casualty (Licensor delivering such estimate to Licensee
within 20 days after the casualty), or (ii) Licensor does not complete such restoration within 30 days from
the date of such casualty (by giving Licensor 2 days notice at the expiration of such 30 day period).
(b) If during the Term, all or "substantially all" (meaning the remaining portion thereof shall
not be of sufficient size or condition to permit the continuation of Licensees or a Permitted TC
Providers use in a commercially reasonable manner) of the Licensed Premises or the Building shall be
taken in the exercise of the power of eminent domain by any governmental or other authority, or by deed
in lieu of condemnation, then Licensee may terminate this License by providing written notice to Licensor
within 30 days of such condemnation or eminent domain action, which termination shall be effective as of
the date of the vesting of title in such taking and any prepaid Fee shall be apportioned as of said date and
reimbursed to Licensee. Licensor and Licensee shall each be entitled to pursue their own separate awards
with respect to such taking. In the event of any taking of less than all or substantially all of the Licensed
Premises, this License shall continue and each of Licensor and Licensee shall be entitled to pursue their
own separate awards with respect to such taking.
19. Quiet Enjoyment and Title. Licensor represents, covenants and warrants to Licensee that
(i) Licensor has good, marketable fee simple title to the Property, free and clear of any restrictions,
conditions, covenants, easements, leases or licenses that will interfere with, impair or adversely affect the
right of Licensee to conduct the Permitted Use in the Building; (ii) Licensors execution and performance
of this License will not violate any Applicable Laws, covenants, or the provisions of any mortgage, deed
of trust, encumbrance or License binding on Licensor; and (iii) so long as Licensee pays all Percentage
Fee and any other Fee due hereunder and performs all of Licensees other obligations hereunder, Licensee
shall have the quiet enjoyment of the Licensed Premises, and Licensee shall not be disturbed as long as
Licensee is not in default beyond any applicable grace or cure period.
20. Non-Recourse. Anything in this License, either expressed or implied, to the contrary
notwithstanding, , there shall be no waiver of governmental immunity of the City of Irving.
21. Waiver of Liens. Licensor hereby waives and quitclaims any and all statutory liens which
Licensor may have with respect to any of Licensees or any Permitted TC Providers assets or property
located in the Building which are now or in the future pledged for or serve as collateral for any of
Licensees (or a Permitted TC Providers) or their Affiliates existing or future loans or lines of credit.
Licensee or any Permitted TC Provider may pledge or collaterally assign its ownership rights in its
property located on the Property, including, but not limited to the Equipment to any financing source
which Licensee or such Permitted TC Provider may select. The parties acknowledge that such collateral
26.a
Packet Pg. 354
A
t
t
a
c
h
m
e
n
t
:

A
.

R
E
S

A
m
e
r
i
c
a
n

T
o
w
e
r

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

(
F
i
n
a
l

D
r
a
f
t
)

(
4
0
6
5

:

A
p
p
r
o
v
i
n
g

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

w
i
t
h

A
m
e
r
i
c
a
n

T
o
w
e
r
)
Revised 6/30/2011 8 26 11
17
assignment or pledge shall not affect the Property or the Building and the Licensee or any Permitted TC
Provider may not create a lien or encumbrance on the real estate to which the Equipment is affixed. So
long as any lender which has provided funding to Licensee or such Permitted TC Provider has cured any
failure of Licensee to perform its obligations under the License within the cure or grace periods set forth
in this License, Licensor agrees not to dispossess the Licensee or terminate this License as a result of such
failure and agrees to accept performance of the lender in curing such failure as that of the Licensee. In
that regard, Licensor hereby agrees to give notice of any failure or any Licensee Event of Default under
article 23 to any lender of Licensee of which the Licensor has knowledge.
22. Notices. All notices, demands, requests and other communications hereunder shall be in writing
either personally delivered; mailed, via United States certified mail, return receipt requested; or
transmitted by overnight courier for next business day delivery to the addresses of Licensor and Licensee
set forth in paragraphs 1(b) and 1(e) respectively, or to such other addresses as the parties hereto may,
from time to time, designate consistent with this article 23, with such new notice address being effective
15 days after receipt by the other party. Notices will be deemed to have been given upon either receipt or
rejection. Notwithstanding the foregoing, (i) emergency repair notices may be sent via facsimile or orally
to the extent the exigency requires, (ii) any notice herein that is given by Licensor may be given by
Licensor's property manager and shall be deemed effective for all purposes herein, (iii) any notice that is
given by a party may be given by the attorneys for that party and shall be deemed effective for all
purposes herein, and (iv) only notices, letters, documents, or instruments threatening to declare or
declaring such addressee or recipient in default under or terminating this License or Licensees rights of
exclusivity under this License shall be required to be sent to the attorneys representing such addressee or
recipient.
23. Hazardous Substances.
(a) Licensee agrees that it will operate and maintain the Licensed Premises in compliance
with all environmental laws, rules and regulations, and shall not use, generate, store or dispose of
Hazardous Substances on, under, about or within the Building; except for those materials that are
necessary and directly related to the Permitted Use, in which case, the use, storage and disposal of such
Hazardous Substances shall be in compliance with all environmental laws and the highest standards
prevailing in the industry. Notwithstanding anything contained in this License to the contrary, Licensee
shall not have any liability to Licensor under this article 24 resulting from any conditions existing, or
events occurring, or any Hazardous Substances existing or generated at, in, on, under or in connection
with the licensed Premises prior to the Commencement Date, except to the extent Licensee exacerbates
the same, and then only to the extent of such exacerbation.
(b) Licensee shall defend and hold harmless the Licensor Parties from and against any and all
losses, claims, suits and damages incurred by Licensor Parties as a result of the presence, use, generation,
storage, release or disposal of Hazardous Substances on, under or in the Building and from and against
the cost of any required repair, clean-up or remediation incurred by Licensor Parties, in each case only to
the extent that such action or costs arise directly from the presence, use, generation, storage, release or
disposal of Hazardous Substances by Licensee, any Permitted TC Provider or any of their respective
agents, contractors or employees. Licensees obligations under this paragraph shall survive the expiration
or termination of this License.
(c) Licensor shall indemnify, defend and hold harmless the Licensee Parties from and against
any and all losses, claims, suits and damages incurred by Licensee Parties as a result of the presence, use,
generation, storage, release or disposal of Hazardous Substances on, under or in the Property; and from
and against the costs of any required repair, cleanup or remediation incurred by Licensee Parties to the
extent that such action or costs arise directly from the presence, use, generation, storage, release or
26.a
Packet Pg. 355
A
t
t
a
c
h
m
e
n
t
:

A
.

R
E
S

A
m
e
r
i
c
a
n

T
o
w
e
r

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

(
F
i
n
a
l

D
r
a
f
t
)

(
4
0
6
5

:

A
p
p
r
o
v
i
n
g

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

w
i
t
h

A
m
e
r
i
c
a
n

T
o
w
e
r
)
Revised 6/30/2011 8 26 11
18
disposal of Hazardous Substances by the Licensor Parties and its Affiliates, excepting to the extent that
Licensee, Permitted TC Provider or their respective agents, contractors or employees exacerbate the
damage or loss arising out of the presence of Hazardous Substances on the Property or fail to comply with
warning notices pertaining to any such Hazardous Substances. Licensors indemnification obligations
under this paragraph shall survive the expiration or termination of this License.
(d) Licensor represents and warrants to Licensee that as of the date hereof, to the Licensors
actual knowledge, the Property, including the Building, is free from (i) asbestos, (ii) urea formaldehyde
foam and (iii) any Hazardous Substances except in de minimus amounts being used by Licensor and
tenants and occupants of the Building in connection with such parties ordinary and regular conduct of
business from the Property in accordance with Applicable Law.
(e) As used herein Hazardous Substances shall mean any toxic or hazardous substance,
material or waste or any pollutant or infectious or radioactive material, including, but not limited to, those
substances, materials or waste now or in the future regulated under Applicable Law pertaining to
hazardous substances, materials, wastes, chemical substances or mixtures, toxic substances, air pollutants,
toxic pollutants, solid waste or other similar substances or for the protection of health, ecology or
environment.
24. Estoppel Certificates. Within 15 days after either Licensors or Licensees request, the other
party shall execute and deliver to the requesting party a statement (i) certifying that this License is
unmodified and in full force and effect (or, if there have been modifications, that the same is in full force
and effect as modified and stating the modifications) and whether any options granted to Licensee
pursuant to the provisions of this License have been exercised, (ii) certifying the dates to which the
Percentage Fee and additional fee have been paid and the amounts thereof, (iii) stating whether or not, to
the actual knowledge of the certifying party, the other party is in default in performance of any of its
obligations under this License, and whether the certifying party is in default to the certifying partys
actual knowledge, and, if so, specifying each such default of which the certifying party may have
knowledge, (iv) stating whether Licensee has any rights to offsets or abatement of fee, (v) stating whether
Licensee has prepaid any rent for more than one month in advance, and (vi) certifying such other facts as
the requesting party reasonably requests, it being intended that any such statement delivered pursuant
hereto may be relied upon by others with whom the party requesting such certificate may be dealing and
their respective successors and/or assigns.
25. Successors and Assigns. This License shall run with the Property and shall be binding upon and
inure to the benefit of the parties, their respective successors, personal representatives and assigns.
26. Memorandum of License. In no event shall this License be recorded and any attempt at
recording shall be a material default hereunder; provided, however, upon the request of either party
hereto, a memorandum of this License or other instrument in compliance with Applicable Law to confer
constructive notice of the existence of this License shall be recorded in the land or real estate records of
the appropriate jurisdiction. The requesting party shall bear all costs of the preparation and recording of
the aforesaid memorandum, which shall be executed by the other party and returned to the requesting
party within 15 days of request therefor.
27. Authority. Licensee and Licensor do each hereby warrant to the other that (i) it is a duly
authorized and existing entity, (ii) it is qualified to do business in the state in which the Property is
located, and (iii) it has full right and authority to execute and enter into this License and to perform the
obligations imposed upon such party without the consent of any other party not had and obtained.
Further, each of the persons executing this License on behalf of such party does hereby warrant that such
person signing on behalf of such party is authorized to do so. Upon either partys request, the other party
26.a
Packet Pg. 356
A
t
t
a
c
h
m
e
n
t
:

A
.

R
E
S

A
m
e
r
i
c
a
n

T
o
w
e
r

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

(
F
i
n
a
l

D
r
a
f
t
)

(
4
0
6
5

:

A
p
p
r
o
v
i
n
g

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

w
i
t
h

A
m
e
r
i
c
a
n

T
o
w
e
r
)
Revised 6/30/2011 8 26 11
19
shall provide evidence reasonably satisfactory to the requesting party confirming the foregoing
warranties.
28. Equipment as Personalty. The Equipment which is installed or owned by the Licensee shall
remain the personal property of the Licensee notwithstanding the fact that it may be affixed or attached to
the Building, and shall, during the Term, and upon termination thereof, belong to and be removable by
Licensee consistent with article 13.
29. Miscellaneous.
(a) A partys failure to exercise its rights with respect to a breach of any term, covenant or
condition contained herein or to insist on strict performance of any of the conditions or provisions of this
License, or to exercise any of such partys rights hereunder, shall not be a waiver of such term, covenant
or condition or any subsequent breach of the same or any other term, covenant or condition contained
herein.
(b) This License shall be governed by and construed in accordance with the laws of the state
in which the Licensed Premises are located, without reference to its conflicts of laws principles.
(c) If the day for performance of any act required under this License falls on a Saturday,
Sunday or holiday for which banking institutions in the state in which the Property is located are
generally closed, then the day for such performance, as the case may be, shall be the next following
regular business day.
(d) Licensor and Licensee each shall be responsible for any obligations or liability,
contingent or otherwise, for brokerage or finders fees or agents commissions or other like payments
arising out of such partys dealings with third parties. Each party hereto agrees to defend and hold the
other party harmless from and against any and all liability, damages, costs and expenses (including, but
not limited to, reasonable attorneys fees incurred) in respect to such obligation or liability based in any
way on any agreement, arrangement or understanding claimed to have been made by such party with any
third party, which indemnity shall survive the expiration or termination of this License.
(e) This License may be executed in multiple counterparts, each of which shall, for all
purposes, be deemed an original, but which together shall constitute one and the same instrument.
(f) The period of time during which either Licensor or Licensee is prevented or delayed in
the performance of any non-monetary obligation required to be performed under this License due to
delays caused by fire, catastrophe, strikes, labor trouble, civil commotion, acts of God or the public
enemy, governmental prohibitions or regulations or other causes beyond such partys reasonable control,
shall be added to such partys time for performance thereof, and such party shall not be deemed in default
hereunder as a result of such delay.
(g) This License embodies the entire agreement between the parties and it may not be
amended, modified or terminated except by a writing duly signed by the party to be charged. There are
no representations or understandings existing prior to the date hereof between Licensor and Licensee
which are not stated in this License.
(h) Notwithstanding anything herein to the contrary, any rules and regulations which may be
promulgated by the Licensor from time to time affecting the Building shall be delivered to Licensee prior
to enforcement thereof against Licensee and shall be applied to the Buildings tenants, occupants,
invitees, employees, contractors and subcontractors on a non-discriminatory basis; provided, however,
that such rules and regulations shall not be inconsistent with the terms and conditions of the License
26.a
Packet Pg. 357
A
t
t
a
c
h
m
e
n
t
:

A
.

R
E
S

A
m
e
r
i
c
a
n

T
o
w
e
r

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

(
F
i
n
a
l

D
r
a
f
t
)

(
4
0
6
5

:

A
p
p
r
o
v
i
n
g

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

w
i
t
h

A
m
e
r
i
c
a
n

T
o
w
e
r
)
Revised 6/30/2011 8 26 11
20
(including, by way of example and not limitation, the imposition of additional financial burden on
Licensee). In the event of a conflict between such rules and regulations and the terms of this License, the
terms of this License shall prevail and supersede such rules and regulations. The current rules and
regulations of the Building are attached as exhibit C.
(i) If any of the provisions of this License, or the application thereof to any person or
circumstances, shall, to any extent, be invalid or unenforceable, the remainder of this License, or the
application of such provision or provisions to persons or circumstances other than those as to whom or
which it is held invalid or unenforceable, shall not be affected thereby, and every provision of this
License shall be valid and enforceable to the fullest extent permitted by Applicable Law.
(j) Licensor and Licensee acknowledge and agree that the relationship between them is
solely that of Licensor and Licensee, and nothing shall be construed to constitute the parties as employer
and employee, partners, joint venturers, co-owners or otherwise as participants in a joint or common
undertaking. Neither party, nor its employees, agents or representatives shall have any right, power or
authority to act or create any obligation, express or implied, on behalf of the other.
(k) The pronouns of any gender shall include the other gender, and either the singular or the
plural shall include the other.
(l) References in this License to articles, paragraphs or clauses shall refer to those articles,
paragraphs or clauses set forth in this License unless the context expressly requires otherwise.
(m) Headings of articles or paragraphs are for convenience only and shall not be considered
in construing the meaning of the contents of such articles or paragraphs.
(n) Should either party institute any legal proceedings against the other for breach or failure
to perform any provision contained in this License and prevail in such action, the non-prevailing party
shall in addition be liable for the cost and expenses of the prevailing party, including its reasonable
attorneys fees at trial and through appeal.
(o) The parties agree that a scanned or electronically reproduced copy or image of this
License shall be deemed an original and may be introduced or submitted in any action or proceeding as
competent evidence of the execution, terms and existence hereof notwithstanding the failure or inability
to produce or tender an original, executed counterpart of this License and without the requirement that the
unavailability of such original, executed counterpart of this License first be proven.
(p) WAIVER OF TEXAS DECEPTIVE TRADE PRACTICES ACT. LICENSEE
SPECIFICALLY ACKNOWLEDGES AND AGREES THAT IT HAS KNOWLEDGE AND
EXPERIENCE IN FINANCIAL AND BUSINESS MATTERS THAT ENABLE IT TO
EVALUATE THE MERITS AND RISKS OF ITS TRANSACTION WITH LICENSOR, AND
THAT IT IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION WITH
LICENSOR. LICENSEE HEREBY WAIVES ALL ITS RIGHTS UNDER THE TEXAS
DECEPTIVE TRADE PRACTICES CONSUMER PROTECTION ACT, SECTION 741 ET.
SEQ. OF THE TEXAS BUSINESS AND COMMERCE CODE (THE DPTA), A LAW THAT
GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. AFTER CONSULTATION
WITH AN ATTORNEY OF LICENSEES OWN SELECTION, LICENSEE VOLUNTARIY
CONSENTS TO THIS WAIVER.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE.]
26.a
Packet Pg. 358
A
t
t
a
c
h
m
e
n
t
:

A
.

R
E
S

A
m
e
r
i
c
a
n

T
o
w
e
r

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

(
F
i
n
a
l

D
r
a
f
t
)

(
4
0
6
5

:

A
p
p
r
o
v
i
n
g

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

w
i
t
h

A
m
e
r
i
c
a
n

T
o
w
e
r
)
Revised 6/30/2011 8 26 11
21
IN WITNESS WHEREOF, the parties hereto have executed this License as of the date aforesaid.
LICENSOR:
City of Irving, Texas for the Irving Convention
and Visitors Bureau
LICENSEE:
ATC Indoor DAS LLC
a Delaware limited liability company
By:______________________________________ By: ____________________________________
Name:____________________________________ Name: Gerard Ainsztein
Title:Mayor____ Title: Senior Vice President, Managed Networks
Date:_____________________________________ Date: ___________________________________
26.a
Packet Pg. 359
A
t
t
a
c
h
m
e
n
t
:

A
.

R
E
S

A
m
e
r
i
c
a
n

T
o
w
e
r

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

(
F
i
n
a
l

D
r
a
f
t
)

(
4
0
6
5

:

A
p
p
r
o
v
i
n
g

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

w
i
t
h

A
m
e
r
i
c
a
n

T
o
w
e
r
)
Revised 6/30/2011 8 26 11
22
EXHIBIT A
DESCRIPTION OF INTERIOR SPACE
26.a
Packet Pg. 360
A
t
t
a
c
h
m
e
n
t
:

A
.

R
E
S

A
m
e
r
i
c
a
n

T
o
w
e
r

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

(
F
i
n
a
l

D
r
a
f
t
)

(
4
0
6
5

:

A
p
p
r
o
v
i
n
g

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

w
i
t
h

A
m
e
r
i
c
a
n

T
o
w
e
r
)
Revised 6/30/2011 8 26 11
23
EXHIBIT B
DESCRIPTION OF PROPERTY
26.a
Packet Pg. 361
A
t
t
a
c
h
m
e
n
t
:

A
.

R
E
S

A
m
e
r
i
c
a
n

T
o
w
e
r

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

(
F
i
n
a
l

D
r
a
f
t
)

(
4
0
6
5

:

A
p
p
r
o
v
i
n
g

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

w
i
t
h

A
m
e
r
i
c
a
n

T
o
w
e
r
)
Revised 6/30/2011 8 26 11
24
EXHIBIT C
RULES AND REGULATIONS
26.a
Packet Pg. 362
A
t
t
a
c
h
m
e
n
t
:

A
.

R
E
S

A
m
e
r
i
c
a
n

T
o
w
e
r

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

(
F
i
n
a
l

D
r
a
f
t
)

(
4
0
6
5

:

A
p
p
r
o
v
i
n
g

L
i
c
e
n
s
e

A
g
r
e
e
m
e
n
t

w
i
t
h

A
m
e
r
i
c
a
n

T
o
w
e
r
)
AGENDA ITEM SUMMARY
Recommending Department: Police LSR No: N/A
Resolution -- Approving and Accepting the Bid of Recovery Systems Inc.,
Dba Pro Tow Wrecker Service, for an Annual Contract to Provide Wrecker
Service and Auto Pound Operation
1. This item supports Strategic Goals No. 4: Safe and Secure City and No. 8: Sound
Governance.
2. This item has been recommended by Police.
3. Impact: The new contract will produce higher revenue for the city, based on the
same number of impounded vehicles and auction sales as the previous contract,
while keeping wrecked and abandoned vehicles off city streets.
4. This award establishes an annual contract for the continuation of providing wrecker
service and auto pound operation for wrecked, disabled, abandoned, confiscated,
or other impounded vehicles so designated for storage by Police.
available in the General Fund, subject to funds being appropriated in Fiscal Year
2011-12.
6. Estimated revenue in the amount of $289,583.00 for this one-year contract will be
deposited in the General Fund.
Vendor FY 2011-12 Est. Expenditures
(Future FY)
Recovery Systems Inc., dba
Pro Tow Wrecker Service $365,495.00 $365,495.00
Recommendation
Comments: Purchasing sent solicitation notices to Four (4) vendors, of which one (1) was
M/WBE or HUB, and received two (2) responses, of which none were M/WBE. This award is
based on a published, best-value criteria. The vendor receiving the highest points, based on
the criteria established in the ITB, is recommended for award.
This contract simplifies the distribution of fees and revenue collected. The wrecker service will
receive towing fee and impounded fee for all vehicles impounded. The City will pay these
27
Packet Pg. 363
fees to the wrecker service if the vehicles are not claimed by the owners and are sold at
auction. The wrecker service will also receive all fees for private tows initiated by Police.
The City will receive total revenue from all notification fees, storage fees, and sales of
impounded vehicles. The City will pay the full amount of the auctioneers commission. The
award for #150M-11F is in the total estimated revenue amount of $289,583.00 for one year
and a total net estimated expenditure of $365,495.00 for one year with two renewal options,
each for a two-year period.
Current/Previous
Vendor
Current/Previous
Price
Proposed
Vendor
Proposed Price
Difference
(+/- from
previous
contract)
Performance
Criteria
Walnut Hill
Wrecker
$515,600.00
Recovery
Systems Inc.
dba Pro Tow
Wrecker
Service
$365,495.00 -$150,105.00 Yes
ATTACHMENTS:
Bid Response (PDF)
Evaluation Summary (PDF)
1001-1001-567102-100 Budget: $0.00 Est. Award: $0.00
1001-10001-4804-4008 Revenue Budget: $0.00 Est. Revenue: $0.00
Purchase order will be issued subject to funds being appropriated in FY 2011-12
Revenue will be deposited monthly.
Prepared: 8/10/2011 10:58 AM by Jan Bentley
Last Updated: 8/25/2011 06:23 PM by Jan Bentley
27
Packet Pg. 364
CITY OF IRVING
SECTION I. THAT the City Council hereby approves and accepts the bid of Recovery Systems
Inc. dba Pro Tow Wrecker Service in the net estimated amount of $365,495.00 for the
period of October 1, 2011, through September 30, 2012, subject to funds being
appropriated in Fiscal Year 2011-12, for Wrecker Service and Auto Pound Operation,
and awards the contract to said company in said amount, and authorizes the Mayor to
execute any necessary contract.
SECTION III. THAT the City Council further approves and accepts the bid of Recovery Systems
Inc. dba Pro Tow Wrecker Service in the net estimated revenue amount of
$289,583.00 for the period of October 1, 2011, through September 30, 2012, for
Wrecker Service and Auto Pound Operation, and awards the contract to said company
in said amount, and authorizes the Mayor to execute any necessary contract.
SECTION IV. THAT this revenue shall be deposited into Account No. 1001-10001-4804-4008.
SECTION V. THAT this resolution shall take effect from and after its final date of passage, and it is
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
27
Packet Pg. 365
City of Irving, Texas Response Summary
ITB NUMBER: 150M-11F Wrecker Service & Auto Pound Operations
Marsha Hughes, Purchasing Agent, (972) 721-3754
Closing Date: July 18, 2011
Item
Estimated
Quantity
for 1 yr
Description
Unit
Price
Total Price
(Qty x Unit
Price)
Item
Estimated
Quantity
for 1 yr
Description
Unit
Price
Total Price
(Qty x Unit
Price)
1 4,585
Flat rate for basic tow (vehicles up to and including
10,000 GVW)
$100.00 $458,500.00 1 4,585
Flat rate for basic tow (vehicles up to and including
10,000 GVW)
$72.00 $330,120.00
2 350
Hourly rate for medium tow (vechicles 10,000 -
26,000 GVW)
$125.00 $43,750.00 2 350
Hourly rate for medium tow (vechicles 10,000 -
26,000 GVW)
$75.00 $26,250.00
3 45
Hourly rate for heavy tow (vechicles 26,001 GVW
and above)
$195.00 $8,775.00 3 45
Hourly rate for heavy tow (vechicles 26,001 GVW
and above)
$125.00 $5,625.00
4 50 Hourly rate for trailers less than 10,000 GVWR $75.00 $3,750.00 4 50 Hourly rate for trailers less than 10,000 GVWR $50.00 $2,500.00
5 10 Hourly rate for trailers greater than 10,000 GVWR $195.00 $1,950.00 5 10 Hourly rate for trailers greater than 10,000 GVWR $100.00 $1,000.00
6 320 Passenger 1/2 ton and 3/4 ton $0.00 6 320 Passenger 1/2 ton and 3/4 ton $0.00
7 50 1-2 ton $0.00 7 50 1-2 ton $0.00
8 160 2 1/2 ton & over $0.00 8 160 2 1/2 ton & over $0.00
$0.00
GRAND TOTAL LINES 1-8 $365,495.00
Recovery Systems Inc. dba Pro Tow Wrecker Service
Towing Fees & Charges Based on Specifications
ESTIMATED BASED ON ONE YEAR
Towing Charges
SUB-TOTAL LINES 1-5 365,495.00
Vendor
SUB-TOTAL LINES 6-8
Vendor Walnut Hill Wrecker
Towing Charges
Towing Fees & Charges Based on Specifications
ESTIMATED BASED ON ONE YEAR
SUB-TOTAL LINES 1-5 516,725.00
This response summary is a listing of those who responded and their pricing. However, the responses have not been evaluated and the bidders have not been
determined to be responsive at this time. After a complete review of the bids, a recommendation for award will be made and posted online. Unless stated otherwise in
the solicitation documents, award will be made to the lowest, responsive responsible bidder who is deemed able to meet the requirements and qualifications of the
specifications.
SUB-TOTAL LINES 6-8 $0.00
GRAND TOTAL LINES 1-8 $516,725.00
27.a
Packet Pg. 366
A
t
t
a
c
h
m
e
n
t
:

B
i
d

R
e
s
p
o
n
s
e

(
4
0
7
7

:

8
P
0
4

A
W
D

A
N
N

W
r
e
c
k
e
r

S
v
c
-
A
u
t
o

P
o
u
n
d

O
p
e
r
a
t
i
o
n
s
)
27.a
Packet Pg. 367
A
t
t
a
c
h
m
e
n
t
:

B
i
d

R
e
s
p
o
n
s
e

(
4
0
7
7

:

8
P
0
4

A
W
D

A
N
N

W
r
e
c
k
e
r

S
v
c
-
A
u
t
o

P
o
u
n
d

O
p
e
r
a
t
i
o
n
s
)
2
7
.
b
P
a
c
k
e
t

P
g
.

3
6
8
A t t a c h m e n t : E v a l u a t i o n S u m m a r y ( 4 0 7 7 : 8 P 0 4 A W D A N N W r e c k e r S v c - A u t o P o u n d O p e r a t i o n s )
AGENDA ITEM SUMMARY
Resolution -- Renewing an Annual Agreement with the University of Texas
Southwestern Medical Center at Dallas for Continuing Education Services
for Emergency Medical Technicians (EMTs) and Paramedics
3. Impact: These services ensure that all Irving Fire Department EMTs and
paramedics have the training hours required to meet State Certification.
4. This renewal establishes the continuation of an annual contract to provide
continuing education hours and training as defined by the Biotel EMS System and
UT Southwestern Medical Program.
5. Funding in the net estimated amount of $97,598.00 for this one-year contract will be
available in the General Fund, subject to FY11-12 funds being appropriated.
Vendor
FY 2011-12 Est.
Expenditures
(Current FY)
Total Est.
Expenditure
University of Texas
at Dallas
$97,598.00 $97,598.00
Recommendation
Previous Action: 2010-262 Council Action: Approved renewal
Comments: Purchasing has assigned #190M-10F for tracking purposes. The entire amount
is due within 90 days of invoice and will be paid in the 2011-12 fiscal year.
Cur r ent / Pr evi ous
Vendor
Cur r ent /
Pr evi ous
Pr i ce
Pr oposed Vendor Pr oposed
Pr i ce
Di f f er ence
(+/ - f r om
pr evi ous
cont r act )
Per f or mance
Cr i t er i a
The Uni ver si t y of
Texas Sout hw est er n
M edi cal Cent er at
Dal l as
$97,598.00
The Uni ver si t y of
Texas
Sout hw est er n
M edi cal Cent er
$97,598.00 $0.00 Yes
28
Packet Pg. 369
at Dal l as
ATTACHMENTS:
RES Contract for Services (PDF)
1001-0582-56401-300 Budget: $97,598.00 Actual: $97,598.00
Purchase Order will be issued when Fiscal Year 2011-12 funds are appropriated.
Prepared: 8/16/2011 01:10 PM by Marsha Hughes
Last Updated: 8/26/2011 09:25 AM by Jan Bentley
28
Packet Pg. 370
CITY OF IRVING
SECTION I. THAT the City Council hereby renews the annual contract with The University of
Texas Southwestern Medical Center at Dallas in the net amount of $97,598.00 for the
appropriated in Fiscal Year 2011-12, for Continuing Education Services for
Emergency Medical Technicians and Paramedics, and the Mayor is authorized to
execute the attached contract.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
28
Packet Pg. 371
2
8
.
a
P
a
c
k
e
t

P
g
.

3
7
2
A t t a c h m e n t : R E S C o n t r a c t f o r S e r v i c e s ( 4 0 9 4 : 3 0 P 0 5 R E N C o n t i n u i n g E d u c a t i o n S e r v i c e s )
2
8
.
a
P
a
c
k
e
t

P
g
.

3
7
3
2
8
.
a
P
a
c
k
e
t

P
g
.

3
7
4
2
8
.
a
P
a
c
k
e
t

P
g
.

3
7
5
2
8
.
a
P
a
c
k
e
t

P
g
.

3
7
6
AGENDA ITEM SUMMARY
Resolution -- Renewing an Annual Contract with the University of Texas
Southwestern Medical Center at Dallas for Medical Direction and Quality
Assurance Services for Emergency Medical Technicians (EMTs) and
Paramedics
3. Impact: By operating under the medical license and guidance of a qualified
physician, the paramedics of the Irving Fire Department can provide the highest
level of quality patient care for the community. The use of a quality assurance
program provides the necessary feedback to meet this important goal.
4. This renewal establishes an annual contract for the continuation of providing
medical direction and quality assurance services required for the Fire Department to
comply with Texas Department of Health EMS recertification rules. These services
are for all paramedics and EMTs authorized for clinical performance in the UT
Southwestern Medical Program and the BioTel EMS system.
5. Funding in the net amount of $6,010.54 for this one-year contract is available in the
General Fund, subject to FY11-12 funds being appropriated.
Vendor
FY 2011-12 Est.
Expenditures
(Current FY)
Total Est.
Expenditure
University of Texas
of Dallas
$6,010.54 $6,010.54
Recommendation
Previous Action: RES 2010-264 Council Action: Approved renewal
Comments: Purchasing has assigned #191M-11F for tracking purposes. The entire amount
is due within 90 days of invoice and will be paid from Fiscal Year 2011-12.
Vendor
Pr i ce
Pr oposed
Vendor
Pr oposed
Pr i ce
Di f f er ence
(+/ - f r om
pr evi ous
Per f or mance
Cr i t er i a
29
Packet Pg. 377
cont r act )
Uni ver si t y of
Texas
Sout hw est er n
M edi cal Cent er
at Dal l as
$5,293.14
Uni ver si t y of
Texas
Sout hw est er n
M edi cal
Cent er at
Dal l as
$6,010.54 $717.40 Yes
1001-0582-56401-300 Budget: $0.00 Actual: $0.00
Purchase Order will be issued when Fiscal Year 2011-12 funds are appropriated
29
Packet Pg. 378
CITY OF IRVING
SECTION I. THAT the City Council hereby renews the annual contract with The University of
Texas Southwestern Medical Center at Dallas in the net amount of $6,010.54 for the
appropriated in Fiscal Year 2011-12, for Medical Direction and Quality Assurance
Services for Emergency Medical Technicians and Paramedics, and the Mayor is
authorized to execute the attached contract.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
29
Packet Pg. 379
AGENDA ITEM SUMMARY
Recommending Department: Financial Services LSR No: N/A
Resolution -- Renewing an Annual Contract with Grant Thornton, LLP, for
Professional Auditing Services for the City of Irving for Fiscal Year 2010-11
3. Impact: This agreement provides an annual audit and opinion of the citys financial
records as required by the City Charter and bond covenants.
4. This renewal establishes the continuation of auditing services for the purpose of
examining the books and records of the City of Irving for Fiscal Year 2010-2011. In
addition, the auditors issue an agreed upon procedures report for Dallas Regional
Mobility Coalition (DRMC), DFW Interlocal Agreement, and Texas Commission on
Environmental Quality.
5. This renewal includes additional auditing services that consists of internal control
review and compliance audit of two additional grant funds.
6. The annual not to exceed amount will be $255,150.00 ($550.00 for DRMC is paid
separately) for this one-year renewal contract, and funding will be from the General
Fund and allocated to grants where funding is available, subject to FY11-12 funds
being appropriated.
Vendor
(Fut ur e FY)
Tot al Est .
Expendi t ur e
Gr ant Thor nt on, LLP $255,150.00 $255,150.00
Recommendation
Previous Action: 2010-217 Council Action: Approved amendment
Comments: Service provided by the vendor meets specifications and pricing remains the
same. This is the first of two one-year renewal options for #178M-11F in the total net
estimated not to exceed amount of $255,150.00 for one year.
Cur r ent /
Pr evi ous
Vendor
Cur r ent /
Pr evi ous Pr i ce
Pr oposed
Vendor
Pr oposed
Pr i ce
Di f f er ence
(+/ - f r om
pr evi ous
cont r act )
Per f or mance
Cr i t er i a
30
Packet Pg. 380
Gr ant
Thor nt on LLP
$255,150.00 Gr ant Thor nt on
LLP
$255,150.00 $0.00 Yes
1001-1001-56401-100 Budget: $0.0 Est. Award: $0.00
201011-4251-56401-9058 Budget: $0.00 Est. Award: $0.00
Purchase order will be issued subject to budget approval for Fiscal Year 2011-12
30
Packet Pg. 381
CITY OF IRVING
SECTION I. THAT the City Council hereby renews the annual contract with Grant Thornton, LLP,
in an amount not to exceed $255,150.00 for fiscal year ending September 30, 2012,
for Professional Auditing Services, and awards the renewal contract to said company
SECTION II. THAT this expenditure shall be charged to Account No. 1001-1001-56401-100 and
Account No. 201011-4251-56401-9058 in the not to exceed amount of $255,150.00.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
30
Packet Pg. 382
AGENDA ITEM SUMMARY
Recommending Department: Financial Services LSR No:
Resolution -- Approving and Accepting the Proposal of MED3000, Inc., for
Billing and Collection of Emergency Medical Services
2. This item has been recommended by Financial Services and Fire.
3. Impact: This contract allows the city an opportunity to enhance revenues from
Emergency Medical Services billing and collection through acceptance of on-line
payments and other technology tools.
4. This award establishes an annual contract for the continuation of providing billing
and collection services in connection with emergency medical services provided by
Fire.
5. Purchasing sent solicitation notices to 14 vendors, of which 11 were
Minority/Woman Owned Business Enterprise (M/WBE) or Historically Underutilized
Business (HUB). Eleven responses were received, of which two (2) were M/WBE
or HUB. The lowest responsive, responsible bidder meets specifications and
performance criteria established in the RFP to provide the best functionality and
value for the city, and are being recommended for award. The proposals were
reviewed by an evaluation committee from Financial Services, Fire and Information
Technology departments.
6. Overall, staff estimates a collection rate of 65%, and an increase in annual revenue
from $2,215,000.00 to $2,676,000.00
7. The new contracted vendor will receive 4.5% commission on collections of billed
accounts, which is the same as the current vendor.
8. The new contracted vendor will increase efforts to collect amounts due for accounts
up to and past ninety days and will receive 6.5% commission on these collected
funds.
$390,000.00 ($30,000.00 for accounts greater than 90 days) for this three-year
contract will be available in the General Fund, subject to FY11-12 funds being
appropriated.
Vendor
FY 2011-12 Est .
Expendi t ur e
(Fut ur e FY)
FY 2012-13 Est .
Expendi t ur e
(Fut ur e FY)
FY 2013-14 Est .
Expendi t ur e
(Fut ur e FY)
Tot al Est .
Expendi t ur e
M ED3000, Inc. $150,000.00 $120,000.00 $120,000.00 $390,000.00
Recommendation
31
Packet Pg. 383
Comments: Total award for the three-year period is estimated to be $390,000.00.
Cur r ent / Pr evi ous Vendor Cur r ent /
Pr evi ous
Pr i ce
Pr oposed
Vendor
Pr oposed
Pr i ce
Di f f er ence
(+/ - f r om
pr evi ous
cont r act )
Per f or mance
Cr i t er i a
Sout hw est Gener al
Ser vi ces of Dal l as, LLC $663,000.00
M ED3000,
Inc. $390,000.00 -$273,000.00 Yes
ATTACHMENTS:
Bid Response (PDF)
Evaluation (PDF)
1001-0512-561501-0300 Budget: $0.00 Est. Revenue: $ 0.00
Revenue will be deposited
31
Packet Pg. 384
CITY OF IRVING
SECTION I. THAT the City Council hereby approves and accepts the proposal of MED3000, Inc.,
in the net estimated amount of $150,000.00 for the period of October 1, 2011, through
September 30, 2012, subject to funds being appropriated in Fiscal Year 2011-12; in
the net estimated amount of $120,000.00 for the period of October 1, 2012, through
September 30, 2013, subject to funds being appropriated in Fiscal Year 2012-13; and
in the net estimated amount of $120,000.00 for the period of October 1, 2013, through
September 30, 2014, subject to funds being appropriated in Fiscal Year 2013-14, for
Billing and Collection Services for Emergency Medical Services, and awards the
contract to said company in said amount, and authorizes the Mayor to execute any
necessary contract.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
31
Packet Pg. 385
Response Summary
RFP Name: Billing and Collections for EMS Services
RFP Number: 172M-11F
RFP Closing Date: August 12, 2011
Purchasing Manager: Marsha Hughes, (972) 721-3734
Advanced Data Processing, Inc. DBA Intermedix Corporation
Business Options Medical Billing Services
Certified Ambulance Group, Inc
Digitech Computer, Inc
Emergicon Emergency Medicine Consltants
EMS Management & Consultants
Lifeline Systems Inc., d/b/a LifeQuest Services
MED3000, Inc
PMEB Medical Billing, LP
QMACS, Inc
Upstate Billing Inc. DBA Ambubill Inc.
Proposals will be evaluated and a recommendation will be made for award. Information, other than names of responders, becomes public
record upon award.
31.a
Packet Pg. 386
A
t
t
a
c
h
m
e
n
t
:

B
i
d

R
e
s
p
o
n
s
e

(
4
1
0
4

:

3
0
P
0
8

A
W
D

E
M
S

B
i
l
l
i
n
g

a
n
d

C
o
l
l
e
c
t
i
o
n
s
)
.
31.a
Packet Pg. 387
A
t
t
a
c
h
m
e
n
t
:

B
i
d

R
e
s
p
o
n
s
e

(
4
1
0
4

:

3
0
P
0
8

A
W
D

E
M
S

B
i
l
l
i
n
g

a
n
d

C
o
l
l
e
c
t
i
o
n
s
)
Finance IT Fire Sum Average Ranking
Emergicon 0 57 70 127 42 ONLY WANTED AR
CAG 56 92 78 226 75 5
Intermedix 79 98 75 252 84 3
Ambubill 46 64 67 177 59 8
QMACS 45 88 75 208 69 7
Lifequest 74 87 78 239 80 4
EMS Management &
Consultant Inc 84 60 70 214 71 6
Business Options 8 55 25 88 29 10
PMEB Medical 46 63 52 161 54 9
Digitech 95 97 95 287 96 2
Med3000, Inc 98 98 100 296 99 1
AVG AVG AVG
Fee 38 40 40 39 35 40 35 37 30 40 20 30
Qualification 20 19 20 20 20 19 20 20 16 20 20 19
Reference 15 13 15 14 15 15 15 15 13 13 10 12
Solution 25 25 25 25 25 25 25 25 20 25 25 23
Total 98 97 100 98 95 99 95 96 79 98 75 84
AVG AVG AVG
Fee 18 30 20 23 10 35 25 23 24 8 10 14
Qualification 20 19 20 20 13 19 19 17 20 14 20 18
Reference 13 13 13 13 15 13 11 13 15 13 15 14
Solution 23 25 25 24 10 25 23 19 25 15 25 22
Total 74 87 78 80 48 92 78 73 84 50 70 68
AVG AVG AVG
Fee 16 35 30 27 10 10 15 12 6 10 15 10
Qualification 12 17 16 15 13 18 19 17 12 15 13 13
Reference 7 11 6 8 11 11 13 12 13 13 7 11
Solution 10 25 23 19 12 25 20 19 15 25 17 19
Total 45 88 75 69 46 64 67 59 46 63 52 54
AVG
Fee 0 0 5 2
Qualification 8 17 15 13
Reference 0 13 0 4
Solution 0 25 5 10
Total 8 55 25 29
QMACS Ambubill PMEB Medical
Business Options
Med3000 DIGITECH Intermedix
Lifequest CAG EMS MC
31.b
Packet Pg. 388
A
t
t
a
c
h
m
e
n
t
:

E
v
a
l
u
a
t
i
o
n

(
4
1
0
4

:

3
0
P
0
8

A
W
D

E
M
S

B
i
l
l
i
n
g

a
n
d

C
o
l
l
e
c
t
i
o
n
s
)
AGENDA ITEM SUMMARY
Recommending Department: Financial Services LSR No:
Resolution -- Renewing an Annual Contract with Texas Municipal League
Intergovernmental Risk Pool and McGriff, Seibels and Williams, Inc., for
Property and Casualty Insurance Services
3. Impact: This renewal provides coverage and excess coverage for the citys
property and casualty insurance needs.
4. This renewal establishes the continuation of annual contracts to provide property
and casualty insurance services and excess insurance for self-insured retentions.
5. At the January 2010 TML-IRP Board Meeting, property rates for the 2009-2010
Fund Year were reduced by 10% immediately with the reduction to continue for the
2010-2011 Fund Year. For 2011-2012, rates are being held at the same level.
6. Funding in the total net estimated amount of $1,571,764.00 for this two-year
contract will be available in the Property and Casualty Self-Insurance Fund, subject
to FY11-12 and FY12-13 funds being appropriated.
Vendor It em(s)
FY 2011-12
Est .
Expendi t ur e
(Fut ur e FY)
FY 2012-13
Est .
Expendi t ur e
(Fut ur e FY)
Tw o Year
Est . Expendi t ur e
Texas M uni ci pal League
Int er gover nment al Ri sk Pool P & C $443,562.00 $443,562.00 $887,124.00
M cGr i f f , Sei bel s and Wi l l i ams, Inc.
Excess
Ins. $342,420.00 $342,420.00 $684,840.00
Tot al Est i mat ed Amount $785,982.00 $785,982.00 $1,571,764.00
Recommendation
Previous Action: RES-2008-442 Council Action: Approved award
Comments: Service provided by the vendors is satisfactory and meets specifications. This is the
only renewal option for #193M-11F in the total net estimated amount of $1,571,764.00.00 for two
years.
32
Packet Pg. 389
Vendor
Cur r ent /
Pr evi ous Pr i ce Pr oposed Vendor Pr oposed Pr i ce
Di f f er ence
(+/ - f r om
pr evi ous
cont r act )
Per f or mance
Cr i t er i a
Texas M uni ci pal
League
Int er gover nment al
Ri sk Pool &
M cGr i f f , Sei bel s
and Wi l l i ams
$785,982.00
Texas M uni ci pal
League
Int er gover nment al
Ri sk Pool &
M cGr i f f , Sei bel s and
Wi l l i ams
$785,982.00 $0.00 Yes
6750-0871-58001-8715 Budget: $443,562.00 Actual: $443,562.00
6750-0871-56303-1132 Budget: $298,420.00 Actual: $298,420.00
6750-0871-564917-1160 Budget: $ 44,000.00 Actual: $ 44,000.00
Prepared: 8/22/2011 10:40 AM by Marsha Hughes
32
Packet Pg. 390
CITY OF IRVING
SECTION I. THAT the City Council hereby renews the annual contracts with Texas Municipal
League Intergovernmental Risk Pool for Property and Casualty Insurance Services, in
October 1, 2012, through September 30, 2013, subject to funds being appropriated in
Fiscal Year 2011-12 and 2012-13, and McGriff, Seibels and Williams, Inc., in the net
estimated amount of $342,420.00 for the period of October 1, 2011, through
October 1, 2012, through September 30, 2013, subject to funds being appropriated in
Fiscal Year 2011-12 and 2012-13, and awards the renewal contracts to said companies
in said amounts, and authorizes the Mayor to execute any necessary contracts.
SECTION II. THAT these expenditures shall be charged to Account No. 6750-0871-58001-8715,
Account No. 6750-0871-56303-1132, and Account No. 6750-0871-564917-1160.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
32
Packet Pg. 391
AGENDA ITEM SUMMARY
Recommending Department: Financial Services LSR No: N/A
Resolution -- Renewing the Annual Contract with TRISTAR Risk
Management and Merit Insurance Services, Inc., to Provide Claims
Administration Services and Family and Medical Leave Act Administration
Services
3. Impact: This renewal maintains the citys regulatory compliance with the Workers
Compensation Division of the Texas Department of Insurance and with the Federal
Family and Medical Leave Act; to provide services of claims for workers
compensation and liability claims.
4. This renewal establishes the continuation of an annual contract to provide Claims
Administration Services. The original contract was awarded on the basis of
competitive bids.
5. TRISTAR has agreed to renew their annual fee at the expiring amount for the next
two years. Their contract allowed for annual increases averaging $5,948.00. By
negotiating to maintain the expiring fee amount, there is a 4.7% savings equaling
$17,842.00 over the next two years.
$437,790.00 for this two-year contract, and funds will be available in the Self
Insurance Fund, subject to FY11-12 and FY12-13 funds being appropriated.
Vendor It em(s)
FY2011-12
Est .
Expendi t ur e
(Fut ur e FY)
FY2012-12
Est .
Expendi t ur e
(Fut ur e FY)
Tw o-Year Est .
Exp.
TRISTAR Cl ai ms Admi n $178,895.00 $178,895.00 $357,790.00
M er i t Insur ance
FM L Admi n $ 40,000.00 $ 40,000.00 $ 80,000.00
Tot al Est i mat ed
Amount
$218,895.00 $218,895.00 $437,790.00
Recommendation
33
Packet Pg. 392
Previous Action: RES-2008-407 Council Action: Approved Award
Comments: Service provided by the vendor meets specifications and performance criteria. This
is the only options for #194M-11F and in the total net estimated amount of $437,790.00 for two
years.
Vendor
Cur r ent /
Pr evi ous Pr i ce Pr oposed Vendor
Pr oposed
Pr i ce
Di f f er ence
(+/ - f r om
pr evi ous
cont r act )
Per f or mance
Cr i t er i a
TRISTAR Ri sk
M anagement and
M er i t Insur ance
Ser vi ces, Inc. (2
vendor s)
$218,895.00
TRISTAR Ri sk
M anagement and
M er i t Insur ance
Ser vi ces, Inc. (2
vendor s)
$218,895.00 $0.00 Yes
6750-0871-56401-1160 Budget: $218,895.00 Actual: $218,895.00
Prepared: 8/22/2011 11:38 AM by Mary Galloway
33
Packet Pg. 393
CITY OF IRVING
SECTION I. THAT the City Council hereby renews the annual contract with TRISTAR Risk
Management for Claims Administration in the net estimated amount of $178,895.00
for the period of October 1, 2011, through September 30, 2012, in the net estimated
amount of $178,895.00 and for the period of October 1, 2012, through September 30,
2013, subject to funds being appropriated in Fiscal Years 2011-12 and 2012-13 and
Merit Insurance Services, Inc., for Family and Medical Leave Administration in the
net estimated amount $40,000.00 for the period of October 1, 2011, through
September 30, 2012, and for the period of October 1, 2012, through September 30,
2013, subject to funds being appropriated in Fiscal Years 2011-12 and 2012-2013,
and awards the renewal contracts to said companies in said amounts, and authorizes
the Mayor to execute any necessary contracts.
SECTION II. THAT these expenditures shall be charged to Account No. 6750-0871-56401-1160.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
33
Packet Pg. 394
AGENDA ITEM SUMMARY
Recommending Department: Information Technology LSR No: N/A
Resolution -- Approving and Accepting the Bid of Western Paper Co., for
Office Paper
1. This item supports Strategic Goals No. 6: Effective Communications and No. 10:
3. Impact: The award provides paper with at least 30 percent recycled paper pulp.
4. This award establishes an annual contract for the continuation of providing bond
paper for copiers and printers, heavier card stock for postcards or print jobs, and
NCR paper for multiple set documents.
5. Minority and/or Women-owned Business Enterprises (M/WBE) participation on
this award is 100%.
contract will be available in the General Fund.
Vendor
(Cur r ent FY)
Tot al Est .
Expendi t ur e
West er n Paper Co. $94,000.00 $94,000.00
Recommendation
.
Comments: Purchasing sent solicitations to 35 vendors, of which 24 were M/WBE or HUB.
Four (4) responses were received, of which one (1) was M/WBE or HUB. The contract is for
one year with the option of two renewals, each for a one-year period. Purchasing assigned
168M-11F for tracking purposes.
Cur r ent /
Pr evi ous Vendor
Cur r ent /
Pr evi ous Pr i ce
Pr oposed
Vendor Pr oposed Pr i ce
Di f f er ence
(+/ - f r om
pr evi ous
cont r act )
Per f or mance
Cr i t er i a (f or
r enew al s onl y)
West er n Paper
Co.
$93,938.40 West er n Paper
Co.
$94,000.00 $62.00 Yes
34
Packet Pg. 395
ATTACHMENTS:
Bid Response (PDF)
Various Accounts Budget: $7,833.33 Actual: $7,833.33
Purchase orders will be issued as needed
34
Packet Pg. 396
CITY OF IRVING
SECTION I. THAT the City Council hereby approves and accepts the bid of Western Paper Co., in
September 30, 2012, for Office Paper, and awards the contract to said company in
said amount, and authorizes the Mayor to execute any necessary contract.
SECTION II. THAT this expenditure shall be charged to various accounts.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
34
Packet Pg. 397

Item Description UnitCost ExtendedCost UnitCost ExtendedCost UnitCost
Extended
Cost
1 8.5x11,NCR#20CFAssortedColor 30 500r/m $20.00 $600.00 NOBID $0.00 $5.16 $154.80
2 8.5x11,NCR#20CBAssortedColor 30 500r/m $27.50 $825.00 NOBID $0.00 $6.63 $198.90
3 8.5x11,NCR#20CFBAssortedColor 200 500r/m $33.50 $6,700.00 NOBID $0.00 $8.02 $1,604.00
4 8.5x11,NCR7.5ManilaTagCF 40 250r/m $32.00 $1,280.00 NOBID $0.00 $7.61 $304.40
5 8.5x11,NCR#202Part 240 500r/m $23.00 $5,520.00 NOBID $0.00 $5.87 $1,408.80
6 8.5x11,NCR#203Part 240 500r/m $25.50 $6,120.00 NOBID $0.00 $6.60 $1,584.00
7 8.5x11,NCR#204Part 20 500r/m $27.50 $550.00 NOBID $0.00 $7.06 $141.20
8 8.5x14,NCR#202Part 40 500r/m $29.00 $1,160.00 NOBID $0.00 $7.46 $298.40
11
8.5x11,#24ClassicCrest,ClassicNaturalWhite
CitySealCustomWatermark,Recycled 170 500r/m $18.50 $3,145.00 NOBID $0.00 NOBID $0.00
12
No.10,#24ClassicCrestNaturalWhiteEnvelope,
LinenFinish(tomatchitem14),Recycled 200 500/box $60.00 $12,000.00 NOBID $0.00 NOBID $0.00
13
8.5x11,No.1#28TextSmoothBrilliantWhite,96
98Bright,AcidFreeforXerox800Press 1120 500r/m $10.25 $11,480.00 NOBID $0.00 $7.32 $8,198.40
14
8.5x11,No.1#65CoverSmoothBrilliantWhite,
9698Bright,AcidFreeforXerox800Press.DO
NOTSUBSTITUTEALESSERWEIGHT 130 250r/m $6.40 $832.00 NOBID $0.00 $6.37 $828.10
$6,042.50
NOBID
NOBID
NOBID
Est.Qty
PREFERREDOFFICE
PRODUCTS
City of Irving, Texas Response Summary
ITB NUMBER: 168M-11F Office Paper
Will Velasco, Purchasing Assistant, (972) 721-2727
Closing Date: August 9th, 2011
POLLOCK
INVESTMENTSdba
POLLOCKPAPER
WESTERNBRWPAPER
CO.
Vendors
GroupANCRPaper(Items110)willbeawardedtothesamevendor
$24,115.00
$15,145.00
GroupCMiscellaneousItemsMustbeForestStewardshipCouncil(FSC)Certified
(Items1316eachitemmaybeawardedtothesameordifferentvendors)
TotalGroupANCRPaper(Items110)
GroupBLinenLetterheadandEnvelopesmustberecycled(Items1112)willbe
awardedtothesamevendor
TotalGroupBLetterheadandEnvelopes(Items1112)
3
4
.
a
P
a
c
k
e
t

P
g
.

3
9
8
Attachment: Bid Response (4100 : 30P Print Shop Paper)
15
11x17,No.1#28TextSmoothBrilliantWhite,96
98Bright,AcidFreeforXerox800Press 400 500r/m $20.75 $8,300.00 NOBID $0.00 $14.64 $5,856.00
16
11x17,No.1#65CoverSmoothBrilliantWhite,
9698Bright,AcidFreeforXerox800Press.DO
NOTSUBSTITUTEALESSERWEIGHT 40 250r/m $13.25 $530.00 NOBID $0.00 $14.70 $588.00
17 8.5x11,#67VellumBristolAssortedPastelColors 272 250r/m $6.40 $1,740.80 NOBID $0.00 $4.21 $1,145.12
18
8.5x11,#60WhiteUncoatedOffsetLabels,
Permanent 110 250/pkg $15.75 $1,732.50 NOBID $0.00 $21.21 $2,333.10
19 8.5x11,No.2#70SmoothOffsetWhite 1600 500r/m $9.75 $15,600.00 NOBID $0.00 $5.17 $8,272.00
20
8.5x11,No.2#60OpaqueOffsetAssortedPastel
Colors 510 500r/m $0.00 NOBID $0.00 $4.43 $2,259.30
21 8.5x11,#60BrightColoredTextAssortedColors 410 500r/m $10.25 $4,202.50 NOBID $0.00 $6.24 $2,558.40
22 11x17,No.2#70SmoothOffsetWhite 720 250r/m $19.50 $14,040.00 NOBID $0.00 $10.96 $7,891.20
23
11x17,No.2#60OpaqueOffsetAssortedPastel
Colors 200 500r/m $0.00 NOBID $0.00 $9.39 $1,878.00
24 11x17,#60BrightColoredTextAssortedColors 482 500r/m $20.75 $10,001.50 NOBID $0.00 $12.48 $6,015.36
25 8.5x11,#110WhiteIndex 704 250r/m $7.90 $5,561.60 NOBID $0.00 $5.26 $3,703.04
26
8.5x11,#65BrightColoredCoverAssorted
Colors 212 250r/m $10.25 $2,173.00 NOBID $0.00 $6.18 $1,310.16
27
8.5x11,#20Whitecopypaperforcopiers92
Brightness,printers,faxesandsuitablefor2sided
copy.Copycannotbleedthrough.Orderedinlots
of20palletsperorder 24,000 500r/m $3.75 $90,000.00 $3.53 $84,720.00 $3.12 $74,880.00
28
8.5x14,#20Whitecopypaperforcopiers92
Brightness,printers,faxesandsuitablefor2sided
copy.Copycannotbleedthrough 320 500r/m $5.40 $1,728.00 $47.75 $15,280.00 $4.48 $1,433.60
29
8.5x11,#24WhitePreperfedLaserBond,92
Brightness,OneHorizontalPerf35/8from
bottom,usedforUtilityBills 128 2500/ctn $0.00 NOBID $0.00 $29.85 $3,820.80
$3,478.22
$15,470.50 NOBID $21,142.00
$3,473.30
TotalGroupCMiscellaneousItemsMustbeForestStewardshipCouncil(FSC)
Certified(Items1316)
GroupDMiscellaneousItems,NotRequired(Items1718eachitemmaybe
awardedtothesameordifferentvendors)
TotalGroupDMiscellaneousItems,NotRequired(Items1718)
GroupEMiscellaneousMustbe30%RecycledContent(Items1936eachitem
maybeawardedtothesameordifferentvendors)
NOBID
3
4
.
a
P
a
c
k
e
t

P
g
.

3
9
9
30
8.5x11,#24BluePreperfedLaserBond,92
Brightness,OneHorizontalPerf35/8from
bottom,usedforUtilityBills 128 2500/ctn $0.00 NOBID $0.00 $42.70 $5,465.60
31 No.10,#24Whitewovebondenvelope 120 500/box $0.00 NOBID $0.00 $10.48 $1,257.60
32
No.10,#24OneColorPrintedCustomMade
WhiteWindowEnvelope,Blackink.11/8x4
Envelope(lowerleft),mechanicalinsertion 978 500/box $0.00 NOBID $0.00 $13.60 $13,300.80
33
No.9,#24TwoColorPrintedCustomReturn
WaterBillEnvelopesusedformechanical
insertionRedStripe.Blackandredink. 316 500/box $0.00 NOBID $0.00 $12.28 $3,880.48
34
insertionBlueStripe.Blackandblueink. 310 500/box $0.00 NOBID $0.00 $12.28 $3,806.80
35
insertionOrangeStripe.BlackandOrangeink 310 500/box $0.00 NOBID $0.00 $12.28 $3,806.80
36
insertionGreenStripe. 310 500/box $0.00 NOBID $0.00 $12.28 $3,806.80
$149,346.74
$174,337.96
TotalGroupEMiscellaneousMustbe30%RecycledContent(Items1936)
GRANDTOTAL(GROUPSAE)
Thisresponsesummaryisalistingofthosewhorespondedandtheirpricing.However,theresponseshavenotbeenevaluatedandthebidders
havenotbeendeterminedtoberesponsiveatthistime.Afteracompletereviewofthebids,arecommendationforawardwillbemadeand
postedonline.Unlessstatedotherwiseinthesolicitationdocuments,awardwillbemadetothelowest,responsiveresponsiblebidderwhois
deemedabletomeettherequirementsandqualificationsofthespecifications.
*OlmestedKirkPaperCompanywasnonResponsive
$207,181.90
$143,306.60 $100,000.00
$100,000.00
3
4
.
a
P
a
c
k
e
t

P
g
.

4
0
0
AGENDA ITEM SUMMARY
Recommending Department: Water Utilities LSR No: N/A
Resolution -- Approving and Accepting the Bids to Morrison Supply Co.,
MSC Water Works; ACT Pipe & Supply; Ferguson Enterprises; and
Municipal Water Works Supply for Pipe Fittings
3. Impact: Pipe fittings are used for repairs in the citys water distribution system and
wastewater collection system. The parts provided from this contract include glands,
bends, tees, tapping sleeves, and other miscellaneous parts.
4. This award establishes an annual contract for the continuation of providing pipe
fittings.
contract is available in the Water and Sewer System Fund, subject to FY11-12
funds being appropriated.
Vendor Group
FY 2010-11 Est.
Expenditure
(Current FY)
FY 2011-12 Est.
Expenditure
(Future FY)
Total Est.
Expenditure
Morrison Supply Co. I, V, VII, VIII $3,563.05 $39,193.56 $42,756.61
MSC Water Works II $463.30 $5,096.25 $5,559.55
ACT Pipe & Supply III, IX $366.98 $4,036.82 $4,403.80
Ferguson Enterprises IV $3,299.96 $36,299.58 $39,599.54
Municipal Water Works Supply VI $939.93 $10,339.23 $11,279.16
Total: $8,633.22 $94,965.44 $103,598.66
Recommendation
Comments: Purchasing sent solicitation notices to 51 vendors, of which 28 were M/WBE or
HUB. Six (6) responses were received, of which none were M/WBE or HUB. The lowest,
responsive responsible bidders met specifications and performance criteria. This award is in
the total net estimated amount of $103,598.66 for one year with two renewal options with
35
Packet Pg. 401
each renewal being for a one-year period of time.
Current/
Previous
Vendor
Current/
Previous
Price
Proposed Vendor Proposed
Price
Difference
(+/- from
previous
contract)
Performance
Criteria
Mainline Supply $180,899.67
Morrison Supply, MCS
Waterworks, ACT Pipe
and Supply, Ferguson
Enterprises
$103,598.66 -$77,301.01 Yes
ATTACHMENTS:
Response Summary (PDF)
5402-3251-55901-1050 Budget: $8,633.22 Actual: $8,633.22
Morrison Supply P0190792; ACT Pipe & Supply P0190793; Ferguson Enterprises P0190794;
Municipal Water Works P0190795; MSC Water Works P0190812
35
Packet Pg. 402
CITY OF IRVING
SECTION I. THAT the City Council hereby approves and accepts the bids of Morrison Supply Co.
for Groups I, V, VII, VIII in the net estimated amount of $3,563.05 for the period of
September 1, 2011 through September 30, 2011, and in the net estimated amount of
$39,193.56 for the period of October 1, 2011 through August 31, 2012, subject to
funds being appropriated in Fiscal Year 2011-12; MSC Waterworks, for Group II in
the net estimated amount of $463.30 for the period of September 1, 2011 through
October 1, 2011 through August 31, 2012, subject to funds being appropriated in
Fiscal Year 2011-12; ACT Pipe & Supply for Groups III and IX in the net estimated
amount of $366.98 for the period of September 1, 2011 through September 30, 2011,
and in the net estimated amount of $4,036.82 for the period of October 1, 2011
through August 31, 2012, subject to funds being appropriated in Fiscal Year 2011-12;
Ferguson Enterprises for Group IV in the net estimated amount of $3,299.96 for the
period of September 1, 2011 through September 30, 2011, and in the net estimated
amount of $36,299.58 for the period of October 1, 2011 through August 31, 2012,
subject to funds being appropriated in Fiscal Year 2011-12; and Municipal Water
Works Supply for Group VI in the net estimated amount of $939.93 for the period of
September 1, 2011 through September 30, 2011, and in the net estimated amount of
$10,339.23 for the period of October 1, 2011 through August 31, 2012, subject to
funds being appropriated in Fiscal Year 2011-12, for Pipe Fittings, and awards the
contracts to said companies in said amounts, and authorizes the Mayor to execute any
necessary contracts.
SECTION II. THAT these expenditures shall be charged to Account No. 5402-3251-55901-1050 in
the total net estimated amount of $103,598.66.
__________________________________
Max S. Duplant, CPA
35
Packet Pg. 403
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
35
Packet Pg. 404
Response Summary
ITB Name: Pipe Fittings - 159M-11F
ITB Closing Date: July 22nd, 2011
Purchasing Assistant, Will Velasco, 972.721.2727

Item Description
Est.
Qty.
Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price
Brand
Name
1 4" split gland MJ 2 $6.70 $13.40 $7.53 $15.06 $7.50 $15.00 $6.63 $13.26 $7.15 $14.30 $6.70 $13.40
2 6" split gland MJ 2 $8.75 $17.50 $9.79 $19.58 $9.79 $19.58 $8.62 $17.24 $9.25 $18.50 $8.70 $17.40
3 8" split gland MJ 2 $10.75 $21.50 $12.05 $24.10 $12.05 $24.10 $10.61 $21.22 $11.40 $22.80 $10.70 $21.40
4 10" split gland MJ 1 $16.10 $16.10 $18.07 $18.07 $17.12 $17.12 $15.92 $15.92 $17.10 $17.10 $16.05 $16.05
5 12" split gland MJ 2 $18.10 $36.20 $20.33 $40.66 $20.10 $40.20 $17.91 $35.82 $19.25 $38.50 $18.05 $36.11
Brand
Name
6 4" retaining gland, PVC, EBBA or equal 25 $18.95 $473.75 $21.28 $532.00 $27.05 $676.25 $21.14 $528.50 $26.35 $658.75 $21.50 $537.50
7 6" retaining gland, PVC, EBBA or equal 50 $22.95 $1,147.50 $25.79 $1,289.50 $34.25 $1,712.50 $25.17 $1,258.50 $33.00 $1,650.00 $25.50 $1,275.00
8 8" retaining gland, PVC, EBBA or equal 50 $32.60 $1,630.00 $38.15 $1,907.50 $46.89 $2,344.50 $37.23 $1,861.50 $48.30 $2,415.00 $38.00 $1,900.00
Brand
Name
14 4" Accessory Kit Less Glad 25 $11.40 $285.00 $12.00 $300.00 $16.36 $409.00 $9.87 $246.75 $9.10 $227.50 $9.95 $248.75
15 6" Accessory Kit Less Glad 75 $15.00 $1,125.00 $15.00 $1,125.00 $19.92 $1,494.00 $13.63 $1,022.25 $11.40 $855.00 $13.70 $1,027.50
16 8" Accessory Kit Less Glad 50 $16.00 $800.00 $16.35 $817.50 $22.76 $1,138.00 $15.25 $762.50 $12.40 $620.00 $17.90 $895.00
17 10" Acessory Kit Less Glad 4 $20.00 $80.00 $21.50 $86.00 $31.65 $126.60 $20.00 $80.00 $16.30 $65.20 $21.60 $86.40
19 16" Acessory Kit Less Glad 2 $35.00 $70.00 $36.50 $73.00 $54.75 $109.50 $29.31 $58.62 $27.80 $55.60 $29.50 $59.00
Group II - Retaining Glands
$2,769.40
$6,288.46
Total Group II - Items 6-13 Awarded to the same
vendor
$5,559.55 $6,434.02 $7,582.23
Total Group III Retaining Gland Packs Repairs
Total Group III - Items 14-21 Awarded to the same
vendor
$3,140.00 $3,031.50 $4,293.76
Group I - Split Glands
Total Group I - Items 1-5 Awarded to the same vendor $104.70 $117.47 $116.00 $103.46
Tyler
Ebba
Tyler
Smith Blair/Ford
Tyler
MCS Waterworks
HD Supply Waterworks,
Ltd.
Municipal Water Works
Supply
Morrison Supply Company
Tyler Tyler
Star domestic or Ebba
Tyler
Ford
Tyler Tyler
ACT Pipe & Supply
Tyler
$111.20
Uni Flange
$7,719.35
Tyler
Ferguson Enterprises, Inc.
Tyler
$104.36
Ebba
$6,371.50
Ebba
$2,921.85 $2,336.30
Page #1 of 5
35.a
Packet Pg. 405
A
t
t
a
c
h
m
e
n
t
:

R
e
s
p
o
n
s
e

S
u
m
m
a
r
y

(
4
0
8
3

:

3
0
P

P
i
p
e

F
i
t
t
i
n
g
s
)
Response Summary

Item Description
Est.
Qty.
MCS Waterworks
Ltd.
Supply
Morrison Supply Company ACT Pipe & Supply Ferguson Enterprises, Inc.
Brand
Name
22 6" swivel x swivel 90 degree ell 2 $150.00 $300.00 $167.91 $335.82 $148.65 $297.30 $147.89 $295.78 $154.85 $309.70 $146.50 $293.00
23 8" swivel x swivel 90 degree ell 2 $400.00 $800.00 $448.00 $896.00 $396.65 $793.30 $394.61 $789.22 $413.25 $826.50 $396.50 $793.00
24 4" x 13" swivel x solid adapter 2 $82.00 $164.00 $92.61 $185.22 $82.00 $164.00 $81.57 $163.14 $85.45 $170.90 $0.00 $0.00
25 6" x 13" swivel x solid adapter 10 $97.00 $970.00 $127.25 $1,272.50 $96.00 $960.00 $95.50 $955.00 $100.00 $1,000.00 $94.55 $945.50
26 8" x 13" swivel x solid adapter 3 $144.80 $434.40 $188.99 $566.97 $143.00 $429.00 $142.59 $427.77 $149.30 $447.90 $142.00 $426.00
27 4" 45 degree bend, MJ x MJ 4 $43.00 $172.00 $48.93 $195.72 $43.30 $173.20 $43.11 $172.44 $45.15 $180.60 $43.10 $172.40
32 4" 90 degree, MJ x MJ 2 $52.25 $104.50 $58.73 $117.46 $52.50 $105.00 $51.73 $103.46 $54.15 $108.30 $52.00 $104.00
33 6" 90 degree, MJ x MJ 6 $82.40 $494.40 $92.73 $556.38 $83.75 $502.50 $81.58 $489.48 $85.40 $512.40 $81.12 $486.72
34 8" 90 degree, MJ x MJ 4 $121.25 $485.00 $136.28 $545.12 $123.25 $493.00 $120.00 $480.00 $125.70 $502.80 $120.00 $480.00
35 16" 22-1/2 degree bend MJ x MJ 2 $514.00 $1,028.00 $577.27 $1,154.54 $500.75 $1,001.50 $508.68 $1,017.36 $532.65 $1,065.30 $506.00 $1,012.00
38 16" 45 degree bend MJ x MJ 2 $536.00 $1,072.00 $601.84 $1,203.68 $522.45 $1,044.90 $530.56 $1,061.12 $555.60 $1,111.20 $530.00 $1,060.00
41 4" x 4" x 4" flanged "tee" 2 $156.00 $312.00 $158.87 $317.74 $139.25 $278.50 $139.94 $279.88 $146.55 $293.10 $140.50 $281.00
42 6" x 6" x 4" flanged "tee" 12 $220.00 $2,640.00 $225.13 $2,701.56 $203.50 $2,442.00 $198.30 $2,379.60 $207.50 $2,490.00 $199.20 $2,390.40
43 8" x 8" x 6" flanged "tee" 6 $564.00 $3,384.00 $576.00 $3,456.00 $520.85 $3,125.10 $507.35 $3,044.10 $531.30 $3,187.80 $509.40 $3,056.40
44 10" x 10" x 8" flanged "tee" 1 $777.00 $777.00 $793.60 $793.60 $695.00 $695.00 $699.00 $699.00 $732.00 $732.00 $690.00 $690.00
45 12" x 12" x 8" flanged "tee" 2 $1,103.00 $2,206.00 $1,127.15 $2,254.30 $987.72 $1,975.44 $992.82 $1,985.64 $1,039.65 $2,079.30 $989.00 $1,978.00
46 12" x 12" x 12" flanged "tee" 2 $1,231.00 $2,462.00 $1,257.41 $2,514.82 $1,100.00 $2,200.00 $1,107.56 $2,215.12 $1,159.80 $2,319.60 $1,100.00 $2,200.00
47 4" MJ x 3" flanged reducer 2 $89.00 $178.00 $75.29 $150.58 $90.28 $180.56 $88.87 $177.74 $93.05 $186.10 $39.11 $78.22
48 4" x 6" reducer, MJ x MJ 2 $47.00 $94.00 $53.46 $106.92 $47.84 $95.68 $47.09 $94.18 $49.30 $98.60 $47.30 $94.60
49 6" x 8" reducer, MJ x MJ 2 $79.00 $158.00 $88.85 $177.70 $80.34 $160.68 $78.25 $156.50 $81.95 $163.90 $78.60 $157.20
50 4" solid sleeve, long sleeve 2 $48.00 $96.00 $54.21 $108.42 $49.05 $98.10 $47.75 $95.50 $50.00 $100.00 $78.00 $156.00
52 8" solid sleeve, long sleeve 10 $94.50 $945.00 $106.16 $1,061.60 $101.40 $1,014.00 $93.50 $935.00 $97.75 $977.50 $93.90 $939.00
Tyler Tyler
Group IV - Swivels, Bends, Tees, Sleeves, Adaptors, Etc.
- Items 22-96
Tyler Tyler Tyler Tyler
Page #2 of 5
35.a
Packet Pg. 406
A
t
t
a
c
h
m
e
n
t
:

R
e
s
p
o
n
s
e

S
u
m
m
a
r
y

(
4
0
8
3

:

3
0
P

P
i
p
e

F
i
t
t
i
n
g
s
)
Response Summary

Item Description
Est.
Qty.
MCS Waterworks
Ltd.
Supply
58 4" x 4" x 4" MJ "tee" 1 $69.70 $69.70 $78.31 $78.31 $70.00 $70.00 $68.97 $68.97 $72.20 $72.20 $68.90 $68.90
59 6" x 6" x 4" MJ "tee" 1 $106.50 $106.50 $119.72 $119.72 $106.00 $106.00 $105.45 $105.45 $110.40 $110.40 $106.00 $106.00
60
6" x 6" x 6" MJ "tee" 2 $119.25 $238.50 $134.02 $268.04 $126.58 $253.16 $118.05 $236.10 $123.60 $247.20 $118.00 $236.00
61 8" x 8" x 6" MJ "tee" 4 $149.40 $597.60 $167.91 $671.64 $156.85 $627.40 $147.89 $591.56 $154.85 $619.40 $148.50 $594.00
62 8" x 8" x 8" MJ "tee"
2
$178.00 $356.00 $200.28 $400.56 $179.20 $358.40 $176.41 $352.82 $184.75 $369.50 $177.00 $354.00
63 12" x 12" x 6" MJ "tee" 1 $281.00 $281.00 $316.24 $316.24 $280.00 $280.00 $278.55 $278.55 $291.70 $291.70 $277.00 $277.00
64 12" x 12" x 8" MJ "tee" 1 $297.50 $297.50 $334.31 $334.31 $296.00 $296.00 $294.46 $294.46 $308.35 $308.35 $294.00 $294.00
65 8" x 8" x 4" MJ "tee" 1 $123.00 $123.00 $138.54 $138.54 $123.96 $123.96 $122.03 $122.03 $127.75 $127.75 $122.00 $122.00
66 12" x 12" x 12" MJ 'tee" 1 $392.00 $392.00 $441.22 $441.22 $386.64 $386.64 $388.64 $388.64 $407.00 $407.00 $387.00 $387.00
67 6" x 6" x 6" MJ x MJ x FL "tee" 1 $129.00 $129.00 $145.32 $145.32 $130.00 $130.00 $128.00 $128.00 $134.00 $134.00 $129.00 $129.00
68 8" x 8" x 6" MJ x MJ x FL "tee" 1 $164.00 $164.00 $184.47 $184.47 $166.75 $166.75 $162.44 $162.44 $170.15 $170.15 $163.60 $163.60
69 8" x 8" x 8" MJ x MJ x FL "tee" 1 $237.00 $237.00 $267.29 $267.29 $221.85 $221.85 $235.44 $235.44 $246.55 $246.55 $236.00 $236.00
70 12" x 12" x 6" MJ x MJ x FL "tee" 1 $280.00 $280.00 $314.73 $314.73 $278.65 $278.65 $277.22 $277.22 $290.30 $290.30 $277.00 $277.00
71 12" x 12" x 8" MJ x MJ x FL "tee" 1 $345.00 $345.00 $388.52 $388.52 $351.32 $351.32 $342.22 $342.22 $358.35 $358.35 $342.00 $342.00
72 2" cap 4 $16.00 $64.00 $18.07 $72.28 $16.35 $65.40 $15.92 $63.68 $16.65 $66.60 $16.00 $64.00
73 4" cap 4 $24.00 $96.00 $27.11 $108.44 $24.27 $97.08 $23.88 $95.52 $25.00 $100.00 $24.00 $96.00
74 6" cap 4 $32.85 $131.40 $36.89 $147.56 $34.10 $136.40 $32.50 $130.00 $34.00 $136.00 $32.65 $130.60
75 8" cap 4 $51.60 $206.40 $57.98 $231.92 $49.65 $198.60 $51.06 $204.24 $53.50 $214.00 $51.30 $205.20
76 10" cap 2 $75.70 $151.40 $85.08 $170.16 $76.95 $153.90 $74.94 $149.88 $78.50 $157.00 $75.30 $150.60
77 12" cap 4 $96.50 $386.00 $108.42 $433.68 $98.05 $392.20 $95.50 $382.00 $100.00 $400.00 $95.00 $380.00
78 6" tapped cap 2 $52.95 $105.90 $59.48 $118.96 $54.37 $108.74 $52.39 $104.78 $54.85 $109.70 $52.65 $105.30
79 8" tapped cap 2 $71.70 $143.40 $80.56 $161.12 $73.64 $147.28 $70.96 $141.92 $74.30 $148.60 $71.30 $142.60
80 12" tapped cap 2 $116.60 $233.20 $131.01 $262.02 $118.47 $236.94 $115.39 $230.78 $120.85 $241.70 $116.00 $232.00
81 6" tapped blind flange 2 $69.65 $139.30 $59.48 $118.96 $79.83 $159.66 $76.93 $153.86 $80.50 $161.00 $76.00 $152.00
84 4" plug MJ 1 $30.80 $30.80 $34.64 $34.64 $30.99 $30.99 $30.51 $30.51 $32.00 $32.00 $31.00 $31.00
85
6" plug MJ 4 $49.60 $198.40 $55.72 $222.88 $50.93 $203.72 $49.08 $196.32 $51.40 $205.60 $49.30 $197.20
86
8" plug MJ 4 $70.35 $281.40 $79.06 $316.24 $72.26 $289.04 $69.64 $278.56 $72.90 $291.60 $70.00 $280.00
87 10" plug MJ 1 $90.50 $90.50 $101.65 $101.65 $90.95 $90.95 $89.53 $89.53 $93.75 $93.75 $90.00 $90.00
88 12" plug MJ 1 $108.50 $108.50 $121.98 $121.98 $108.00 $108.00 $107.44 $107.44 $112.50 $112.50 $108.00 $108.00
89 4" flange x flange 90 degree bends 6 $107.90 $647.40 $109.93 $659.58 $100.48 $602.88 $96.82 $580.92 $101.40 $608.40 $96.20 $577.20
90 6" flange x flange 90 degree bends 4 $159.50 $638.00 $162.64 $650.56 $147.00 $588.00 $143.25 $573.00 $150.00 $600.00 $143.00 $572.00
91 8" flange x flange 90 degree bends 4 $290.00 $1,160.00 $295.91 $1,183.64 $267.58 $1,070.32 $260.64 $1,042.56 $273.00 $1,092.00 $259.00 $1,036.00
92 4" flange x MJ adaptor 1 $48.25 $48.25 $54.21 $54.21 $49.55 $49.55 $47.75 $47.75 $50.00 $50.00 $48.00 $48.00
Page #3 of 5
35.a
Packet Pg. 407
A
t
t
a
c
h
m
e
n
t
:

R
e
s
p
o
n
s
e

S
u
m
m
a
r
y

(
4
0
8
3

:

3
0
P

P
i
p
e

F
i
t
t
i
n
g
s
)
Response Summary

Item Description
Est.
Qty.
MCS Waterworks
Ltd.
Supply
Brand
Name
97 4" swivel glands 4 $33.00 $132.00 $36.89 $147.56 $41.27 $165.08 $32.50 $130.00 $35.55 $142.20 $33.50 $134.00
98 6" swivel glands 6 $35.00 $210.00 $38.40 $230.40 $24.62 $147.72 $16.58 $99.48 $17.90 $107.40 $27.00 $162.00
99 8" swivel glands 4 $56.00 $224.00 $61.74 $246.96 $29.48 $117.92 $23.21 $92.84 $25.00 $100.00 $31.50 $126.00
Brand
Name
100 8" x 4" stainless tapping sleeve CI pipe 1 $347.25 $347.25 $355.00 $355.00 $348.90 $348.90 $352.23 $352.23 $384.90 $384.90 $399.50 $399.50
101 8" x 6" stainless tapping sleeve CI pipe 3 $385.50 $1,156.50 $405.00 $1,215.00 $391.60 $1,174.80 $391.74 $1,175.22 $420.70 $1,262.10 $429.00 $1,287.00
106 12" x 6" stainless tapping sleeve CI pipe 2 $416.45 $832.90 $510.00 $1,020.00 $410.05 $820.10 $497.93 $995.86 $457.15 $914.30 $564.00 $1,128.00
107 12" x 8" stainless tapping sleeve CI pipe 2 $533.20 $1,066.40 $640.00 $1,280.00 $506.25 $1,012.50 $602.00 $1,204.00 $582.00 $1,164.00 $660.00 $1,320.00
110 20" x 8" stainless tapping sleeve CI pipe 1 $883.30 $883.30 $945.00 $945.00 $869.00 $869.00 $1,110.12 $1,110.12 $998.30 $998.30 $1,104.40 $1,104.40
111
8" x 4" stainless tapping sleeve for class 200 AC
pipe
1 $346.60 $346.60 $350.00 $350.00 $337.75 $337.75 $352.23 $352.23 $384.90 $384.90 $399.00 $399.00
112
pipe
1 $385.45 $385.45 $430.00 $430.00 $379.50 $379.50 $391.74 $391.74 $420.70 $420.70 $429.00 $429.00
113
pipe
1 $502.85 $502.85 $550.00 $550.00 $495.10 $495.10 $487.00 $487.00 $548.85 $548.85 $530.00 $530.00
114
10" x 4" stainless tapping sleeve for class 150
AC pipe
1 $376.40 $376.40 $410.00 $410.00 $366.80 $366.80 $382.50 $382.50 $425.40 $425.40 $419.00 $419.00
115
AC pipe
1 $408.80 $408.80 $450.00 $450.00 $398.40 $398.40 $415.45 $415.45 $451.35 $451.35 $455.50 $455.50
116
AC pipe
1 $518.35 $518.35 $550.00 $550.00 $505.15 $505.15 $526.79 $526.79 $565.75 $565.75 $577.00 $577.00
117
AC pipe
1 $378.55 $378.55 $460.00 $460.00 $362.00 $362.00 $452.56 $452.56 $420.35 $420.35 $485.50 $485.50
118
AC pipe
1 $416.45 $416.45 $500.00 $500.00 $410.05 $410.05 $497.93 $497.93 $457.15 $457.15 $533.50 $533.50
119
AC pipe
1 $533.20 $533.20 $640.00 $640.00 $525.00 $525.00 $602.00 $602.00 $582.00 $582.00 $645.50 $645.50
Brand
Name
120
Valve box lids 5-1/4" drop lid for use with Tyler
6850 series
100 $21.25 $2,125.00 $12.80 $1,280.00 $11.70 $1,170.00 $11.27 $1,127.00 $11.90 $1,190.00 $11.50 $1,150.00
121
19"-22" upper valve box section Tyler 461S or
equal
70 $36.80 $2,576.00 $32.38 $2,266.60 $29.60 $2,072.00 $28.52 $1,996.40 $30.05 $2,103.50 $29.00 $2,030.00
122
19"-22" lower valve box section Tyler 461S or
equal
60 $42.70 $2,562.00 $39.91 $2,394.60 $36.48 $2,188.80 $35.15 $2,109.00 $37.05 $2,223.00 $35.70 $2,142.00
$624.92 $430.72
$12,895.00 $11,279.16 $12,723.37
Group V Total - Items 97-99 Awarded to the same
vendor
Group VI - Tapping Sleeves
Tyler
$322.32 $566.00
Group V - Swivel Glands
Group VII - Valve Boxes
Total Group IV - Items 22-96 Awarded to the same
vendor
$41,519.65 $45,442.43 $40,368.29 $39,883.91
Tyler
Romac
Tyler
Total Group VI - Items 100-1119 Awarded to the same
vendor
Bass & Hays
Tyler
Tyler
$11,460.55
Smith Blair
Tyler
Ford
Tyler
$41,761.55 $39,599.54
$349.60 $422.00
$12,637.80 $13,662.67
Ford Ford Romac
Tyler Tyler
Tyler Tyler
Page #4 of 5
35.a
Packet Pg. 408
A
t
t
a
c
h
m
e
n
t
:

R
e
s
p
o
n
s
e

S
u
m
m
a
r
y

(
4
0
8
3

:

3
0
P

P
i
p
e

F
i
t
t
i
n
g
s
)
Response Summary

Item Description
Est.
Qty.
MCS Waterworks
Ltd.
Supply
123
39" - 50" upper valve box section Tyler 564S or
equal
50 $83.90 $4,195.00 $48.19 $2,409.50 $44.05 $2,202.50 $42.45 $2,122.50 $44.75 $2,237.50 $43.00 $2,150.00
124
39"-50" lower valve box section Tyler 564S or
equal
80 $79.50 $6,360.00 $71.53 $5,722.40 $65.38 $5,230.40 $45.76 $3,660.80 $66.45 $5,316.00 $63.80 $5,104.00
125
Valve box risr 2-1/4" for use with Tyler 6850
series
100 $29.75 $2,975.00 $31.50 $3,150.00 $14.46 $1,446.00 $13.93 $1,393.00 $14.70 $1,470.00 $31.00 $3,100.00
Brand
Name
126 Manhole ring 400# x 24" 25 $152.50 $3,812.50 $153.31 $3,832.75 $153.30 $3,832.50 $150.92 $3,773.00 $163.10 $4,077.50 $152.75 $3,818.75
127 Manhole ring 400# x 30" 15 $154.35 $2,315.25 $155.19 $2,327.85 $155.15 $2,327.25 $152.77 $2,291.55 $165.10 $2,476.50 $150.44 $2,256.60
128 Manhole Cover 400# x 24- Sanitary 50 $153.45 $7,672.50 $154.26 $7,713.00 $154.25 $7,712.50 $151.86 $7,593.00 $164.15 $8,207.50 $152.50 $7,625.00
129 Manhole Cover 400# x 30 Sanitary 20 $195.95 $3,919.00 $196.98 $3,939.60 $198.95 $3,979.00 $193.91 $3,878.20 $209.50 $4,190.00 $194.90 $3,898.00
130 Manhole Cover 400# x 24- Water 2 $153.45 $306.90 $154.26 $308.52 $154.25 $308.50 $151.86 $303.72 $164.15 $328.30 $152.50 $305.00
131 Manhole Cover 400# x 30 Water 2 $195.95 $391.90 $196.98 $393.96 $196.95 $393.90 $193.91 $387.82 $209.50 $419.00 $194.90 $389.80
132 Pressure ring with lid 380-24P rubber gasket 4 $427.40 $1,709.60 $429.63 $1,718.52 $429.50 $1,718.00 $422.95 $1,691.80 $457.15 $1,828.60 $420.75 $1,683.00
133 Pressure ring with lid 380-30P rubber gasket 4 $378.50 $1,514.00 $380.53 $1,522.12 $380.00 $1,520.00 $374.61 $1,498.44 $404.90 $1,619.60 $372.65 $1,490.60
134
Manhole ring extension 24" dia. X 3" high
40
$163.20 $6,528.00 $164.00 $6,560.00 $164.00 $6,560.00 $161.45 $6,458.00 $174.50 $6,980.00 $160.61 $6,424.40
135
Manhole ring extension 30" dia. X 3" high
5
$413.60 $2,068.00 $415.79 $2,078.95 $415.75 $2,078.75 $409.32 $2,046.60 $442.40 $2,212.00 $407.00 $2,035.00
Brand
Name
136 Clean out boot 10 $177.00 $1,770.00 $187.82 $1,878.20 $177.50 $1,775.00 $175.17 $1,751.70 $165.25 $1,652.50 $173.90 $1,739.00
137 Clean out boot lid 20 $22.35 $447.00 $23.69 $473.80 $22.75 $455.00 $22.09 $441.80 $20.75 $415.00 $21.93 $438.60

$30,430.40
$2,230.00 $2,193.50
$29,922.13
$2,352.00
$115,598.10 $118,515.71 $111,040.26 $106,615.25
Group VIII - Manhole Rings & Covers
Group VIII Total - Items 126-135 Awarded to the same
vendor
Group IX - Clean Out Boot & Lid
$30,237.65
$2,217.00
$30,395.27
$20,793.00 $17,223.10 $14,309.70 $12,408.70
Total Group VII - Items 120-125 Awarded to the same
vendor
Bass & Hays Bass & Hays
Bass & Hays Bass & Hays Bass & Hays Bass & Hays
Grand Total of Groups I thru XI
$15,676.00
$32,339.00 $29,926.15
Bass & Hays
Group IX - Clean Out Boot & Lid
$113,862.30 $110,861.67
$2,067.50 $2,177.60
Bass & Hays
$14,540.00
Page #5 of 5
35.a
Packet Pg. 409
A
t
t
a
c
h
m
e
n
t
:

R
e
s
p
o
n
s
e

S
u
m
m
a
r
y

(
4
0
8
3

:

3
0
P

P
i
p
e

F
i
t
t
i
n
g
s
)
AGENDA ITEM SUMMARY
Recommending Department: Water Utilities LSR No: N/A
Resolution -- Approving the Purchase from Equipment Southwest, Inc., for
a Freightliner Hydro-Vac Truck through the BuyBoard Cooperative
3. Impact: This new hydro-vac truck will provide assistance with cleaning wastewater
mains, which increases the life of the mains, and reduces the possibility of sanitary
sewer overflows, and support our water and sewer line repairs by hydro excavating
as required by the State.
4. This purchase is for one hydro-vac truck made by Freightliner. This is a budgeted
replacement for vehicle #32141, a 2002 Sterling Flushing Truck. Many of our
excavations now require the use of hydro excavation to avoid damaging other
utilities. This purchase utilizes our Interlocal Participation Agreement with the
Texas Local Government Statewide Purchasing Cooperative; Purchasing Program
administered by the Texas Association of School Boards (the BuyBoard Program)
contract number 358-10.
Replacement Fund and a transfer of $125,000.00 will be made from the Water and
Sewer System Fund.
Vendor
FY 2011-12 Est.
Expenditures
(Current FY)
Total Est.
Expenditure
Equipment Southwest, Inc. $298,566.00 $298,566.00
Recommendation
Comments: The City of Irving entered into an Interlocal Participation Agreement with the
Texas Local Government Statewide Purchasing Cooperative Purchasing Program
administered by the Texas Association of School Boards (the BuyBoard Program) on
January 11, 2001, and renewed February 20, 2007. This purchase meets competitive bid
requirements with the State of Texas statutes, rules, policies, and procedures. Pricing is
reasonable, within budget, and Purchasing assigned #187M-11F to this item for tracking
purposes
36
Packet Pg. 410
Cur r ent /
Pr evi ous
Vendor
Cur r ent /
Pr evi ous
Pr i ce
Pr oposed Vendor
Pr oposed
Pr i ce
Di f f er ence
(+/ - f r om
pr evi ous
cont r act )
Per f or mance
Cr i t er i a
N/ A $0.00 Equi pment Sout hw est ,
Inc.
$298,566.00 $298,566.00 Yes
ATTACHMENTS:
Vendor Pricing Summary (PDF)
6604-3271-75401-9100 Budget: $298,566.00 Actual: $298,566.00
P0190716
Budget Adjustment/Transfer Required: Yes A budget adjustment in the amount of
$125,000.00 will be required from account number 5402-3271-71701-9100
36
Packet Pg. 411
CITY OF IRVING
SECTION I. THAT the City Council hereby approves the purchase from Equipment Southwest,
Inc., in the net amount of $298,566.00 for one 2012 Freightliner Hydro-Vac Truck,
Interlocal Participation Agreement with the Texas Local Government Statewide
Purchasing Cooperative Purchasing Program administered by the Texas Association
of School Boards (the BuyBoard Program), and awards the contract to said company
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
36
Packet Pg. 412
36.a
Packet Pg. 413
A
t
t
a
c
h
m
e
n
t
:

V
e
n
d
o
r

P
r
i
c
i
n
g

S
u
m
m
a
r
y

(
4
0
7
9

:

3
0
P

H
y
d
r
o
-
V
a
c

T
r
u
c
k

W
a
t
e
r

U
t
i
l
i
t
i
e
s
)
36.a
Packet Pg. 414
A
t
t
a
c
h
m
e
n
t
:

V
e
n
d
o
r

P
r
i
c
i
n
g

S
u
m
m
a
r
y

(
4
0
7
9

:

3
0
P

H
y
d
r
o
-
V
a
c

T
r
u
c
k

W
a
t
e
r

U
t
i
l
i
t
i
e
s
)
36.a
Packet Pg. 415
A
t
t
a
c
h
m
e
n
t
:

V
e
n
d
o
r

P
r
i
c
i
n
g

S
u
m
m
a
r
y

(
4
0
7
9

:

3
0
P

H
y
d
r
o
-
V
a
c

T
r
u
c
k

W
a
t
e
r

U
t
i
l
i
t
i
e
s
)
36.a
Packet Pg. 416
A
t
t
a
c
h
m
e
n
t
:

V
e
n
d
o
r

P
r
i
c
i
n
g

S
u
m
m
a
r
y

(
4
0
7
9

:

3
0
P

H
y
d
r
o
-
V
a
c

T
r
u
c
k

W
a
t
e
r

U
t
i
l
i
t
i
e
s
)
36.a
Packet Pg. 417
A
t
t
a
c
h
m
e
n
t
:

V
e
n
d
o
r

P
r
i
c
i
n
g

S
u
m
m
a
r
y

(
4
0
7
9

:

3
0
P

H
y
d
r
o
-
V
a
c

T
r
u
c
k

W
a
t
e
r

U
t
i
l
i
t
i
e
s
)
36.a
Packet Pg. 418
A
t
t
a
c
h
m
e
n
t
:

V
e
n
d
o
r

P
r
i
c
i
n
g

S
u
m
m
a
r
y

(
4
0
7
9

:

3
0
P

H
y
d
r
o
-
V
a
c

T
r
u
c
k

W
a
t
e
r

U
t
i
l
i
t
i
e
s
)
36.a
Packet Pg. 419
A
t
t
a
c
h
m
e
n
t
:

V
e
n
d
o
r

P
r
i
c
i
n
g

S
u
m
m
a
r
y

(
4
0
7
9

:

3
0
P

H
y
d
r
o
-
V
a
c

T
r
u
c
k

W
a
t
e
r

U
t
i
l
i
t
i
e
s
)
36.a
Packet Pg. 420
A
t
t
a
c
h
m
e
n
t
:

V
e
n
d
o
r

P
r
i
c
i
n
g

S
u
m
m
a
r
y

(
4
0
7
9

:

3
0
P

H
y
d
r
o
-
V
a
c

T
r
u
c
k

W
a
t
e
r

U
t
i
l
i
t
i
e
s
)
36.a
Packet Pg. 421
A
t
t
a
c
h
m
e
n
t
:

V
e
n
d
o
r

P
r
i
c
i
n
g

S
u
m
m
a
r
y

(
4
0
7
9

:

3
0
P

H
y
d
r
o
-
V
a
c

T
r
u
c
k

W
a
t
e
r

U
t
i
l
i
t
i
e
s
)
36.a
Packet Pg. 422
A
t
t
a
c
h
m
e
n
t
:

V
e
n
d
o
r

P
r
i
c
i
n
g

S
u
m
m
a
r
y

(
4
0
7
9

:

3
0
P

H
y
d
r
o
-
V
a
c

T
r
u
c
k

W
a
t
e
r

U
t
i
l
i
t
i
e
s
)
36.a
Packet Pg. 423
A
t
t
a
c
h
m
e
n
t
:

V
e
n
d
o
r

P
r
i
c
i
n
g

S
u
m
m
a
r
y

(
4
0
7
9

:

3
0
P

H
y
d
r
o
-
V
a
c

T
r
u
c
k

W
a
t
e
r

U
t
i
l
i
t
i
e
s
)
36.a
Packet Pg. 424
A
t
t
a
c
h
m
e
n
t
:

V
e
n
d
o
r

P
r
i
c
i
n
g

S
u
m
m
a
r
y

(
4
0
7
9

:

3
0
P

H
y
d
r
o
-
V
a
c

T
r
u
c
k

W
a
t
e
r

U
t
i
l
i
t
i
e
s
)
36.a
Packet Pg. 425
A
t
t
a
c
h
m
e
n
t
:

V
e
n
d
o
r

P
r
i
c
i
n
g

S
u
m
m
a
r
y

(
4
0
7
9

:

3
0
P

H
y
d
r
o
-
V
a
c

T
r
u
c
k

W
a
t
e
r

U
t
i
l
i
t
i
e
s
)
36.a
Packet Pg. 426
A
t
t
a
c
h
m
e
n
t
:

V
e
n
d
o
r

P
r
i
c
i
n
g

S
u
m
m
a
r
y

(
4
0
7
9

:

3
0
P

H
y
d
r
o
-
V
a
c

T
r
u
c
k

W
a
t
e
r

U
t
i
l
i
t
i
e
s
)
36.a
Packet Pg. 427
A
t
t
a
c
h
m
e
n
t
:

V
e
n
d
o
r

P
r
i
c
i
n
g

S
u
m
m
a
r
y

(
4
0
7
9

:

3
0
P

H
y
d
r
o
-
V
a
c

T
r
u
c
k

W
a
t
e
r

U
t
i
l
i
t
i
e
s
)
36.a
Packet Pg. 428
A
t
t
a
c
h
m
e
n
t
:

V
e
n
d
o
r

P
r
i
c
i
n
g

S
u
m
m
a
r
y

(
4
0
7
9

:

3
0
P

H
y
d
r
o
-
V
a
c

T
r
u
c
k

W
a
t
e
r

U
t
i
l
i
t
i
e
s
)
36.a
Packet Pg. 429
A
t
t
a
c
h
m
e
n
t
:

V
e
n
d
o
r

P
r
i
c
i
n
g

S
u
m
m
a
r
y

(
4
0
7
9

:

3
0
P

H
y
d
r
o
-
V
a
c

T
r
u
c
k

W
a
t
e
r

U
t
i
l
i
t
i
e
s
)
36.a
Packet Pg. 430
A
t
t
a
c
h
m
e
n
t
:

V
e
n
d
o
r

P
r
i
c
i
n
g

S
u
m
m
a
r
y

(
4
0
7
9

:

3
0
P

H
y
d
r
o
-
V
a
c

T
r
u
c
k

W
a
t
e
r

U
t
i
l
i
t
i
e
s
)
36.a
Packet Pg. 431
A
t
t
a
c
h
m
e
n
t
:

V
e
n
d
o
r

P
r
i
c
i
n
g

S
u
m
m
a
r
y

(
4
0
7
9

:

3
0
P

H
y
d
r
o
-
V
a
c

T
r
u
c
k

W
a
t
e
r

U
t
i
l
i
t
i
e
s
)
36.a
Packet Pg. 432
A
t
t
a
c
h
m
e
n
t
:

V
e
n
d
o
r

P
r
i
c
i
n
g

S
u
m
m
a
r
y

(
4
0
7
9

:

3
0
P

H
y
d
r
o
-
V
a
c

T
r
u
c
k

W
a
t
e
r

U
t
i
l
i
t
i
e
s
)
36.a
Packet Pg. 433
A
t
t
a
c
h
m
e
n
t
:

V
e
n
d
o
r

P
r
i
c
i
n
g

S
u
m
m
a
r
y

(
4
0
7
9

:

3
0
P

H
y
d
r
o
-
V
a
c

T
r
u
c
k

W
a
t
e
r

U
t
i
l
i
t
i
e
s
)
36.a
Packet Pg. 434
A
t
t
a
c
h
m
e
n
t
:

V
e
n
d
o
r

P
r
i
c
i
n
g

S
u
m
m
a
r
y

(
4
0
7
9

:

3
0
P

H
y
d
r
o
-
V
a
c

T
r
u
c
k

W
a
t
e
r

U
t
i
l
i
t
i
e
s
)
AGENDA ITEM SUMMARY
Recommending Department: Traffic & Transportation LSR No: N/A
Resolution -- Renewal of the Bids of Vulcan, Inc., Dba Vulcan Signs, and
Nippon Carbide Industries (USA) Inc., for Annual Contracts to Provide
Reflective Sign Materials
2. This item has been recommended by Public Works Traffic & Transportation.
3. Impact: These contracts provide reflective sheeting materials used for the
fabrication of City roadway regulatory, warning, and street name traffic signs, to
sustain a transportation system that enhances motorist safety and provides
directional guidance.
4. This renewal establishes annual contracts for the continuation of providing sign
faces, overlay films, transfer tapes, and slip sheeting surface protection.
5. The annual estimated amount will be $53,430.00 for this one-year contract, and
funding will be from the General Fund, subject to FY11-12 funds being
appropriated.
Vendor Item
FY 2010-11 Est.
Expenditure
(Current FY)
FY 2011-12 Est.
Expenditure
(Future FY)
Total Est.
Expenditure
Vulcan Signs A $3,748.34 $18,741.66 $22,490.00
Nippon Carbide B & C $5,156.66 $25,783.34 $30,940.00
TOTALS: $8,905.00 $44,525.00 $53,430.00
Recommendation
Comments: Services provided by the vendors meet specifications and performance criteria.
This award is in the total net estimated amount of $53,430.00. This is the first of two one-year
renewals. Purchasing assigned #176M-11F to this item for tracking purposes.
Current/ Previous
Vendor
Current/
Previous
Price
Proposed
Vendor
Proposed
Price
Difference
(+/- from
previous
contract)
Performance
Criteria
Vulcan Signs (Item A)
$22,490.00
Vulcan Signs
(Item A) $22,490.00 $0.00 Yes
Nippon Carbide (Items Nippon Carbide
37
Packet Pg. 435
B & C) $30,940.00 (Items B & C) $30,940.00 $0.00 Yes
1001-2131-54801-950 Budget: $8,905.00 Est. Award: $8,905.00
P0190775 & P0190776
Prepared: 8/10/2011 12:26 PM by Jan Bentley
37
Packet Pg. 436
CITY OF IRVING
SECTION I. THAT the City Council hereby approves and accepts the bid of Vulcan, Inc., (dba
Vulcan Signs) for Group A in the net estimated amount of $3,748.34 for the period of
August 1, 2011, through September 30, 2011, and in the net estimated amount of
$18,741.66 for the period of October 1, 2011, through July 31, 2012, subject to funds
being appropriated in Fiscal Year 2011-12, and Nippon Carbide Industries (USA)
Inc., for Groups B and C in the net estimated amount of $5,156.66 for the period of
August 1, 2011, through September 30, 2011, and in the net estimated amount of
$25,783.34 for the period of October 1, 2011, through July 31, 2012, subject to funds
being appropriated in Fiscal Year 2011-12, for Reflective Sign Materials, and awards
the contracts to said companies in said amounts, and authorizes the Mayor to execute
any necessary contracts.
__________________________________
Max S. Duplant, CPA
37
Packet Pg. 437
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
37
Packet Pg. 438
AGENDA ITEM SUMMARY
Recommending Department: Corporate Communications LSR No:
Resolution -- Approving and Accepting the Bid of Burst Communications
Inc., for a Multi-Channel Slow Motion Record/Playback System
1. This item supports Strategic Goal No. 6: Effective Communications
2. This item has been recommended by Corporate Communications.
3. Impact: This purchase replaces an aging system, which is no longer feasible to
repair, to provide ICTN programming and services with greater efficiency and
effectiveness.
4. This purchase will be funded with PEG fee revenue, which must be used for capital
equipment.
5. Funding in the net amount of $81,995.00 is available in the General Fund.
Vendor FY 2010-11 Est.
Expenditure
(Current FY)
Burst Communications Inc. $81,995.00 $81,995.00
Recommendation
Comments: Purchasing sent solicitation notices to 83 vendors, of which 37 were M/WBE
vendors for #175M-11F. The City received one response and there is no M/WBE
participation in this award. This award is recommended to the lowest, responsive responsible
bidder.
Current/
Previous
Vendor
Current/
Previous
Price
Price
Difference
(+/- from
previous
contract)
Performance
Criteria
N/A $0.00
Burst
Communications,
Inc.
$81,995.00 $81,995.00 Yes
38
Packet Pg. 439
1001-2442-75301-800 Budget: $81,995.00 Actual: $81,995.00
P0190777
Prepared: 7/27/2011 01:20 PM by Tammy Hanson
38
Packet Pg. 440
CITY OF IRVING
SECTION I. THAT the City Council hereby approves and accepts the bid of Burst
Communications Inc., in the net amount of $81,995.00 for Multi-Channel Slow
Motion Record/Playback System, and awards the contract to said company in said
amount, and authorizes the Mayor to execute any necessary contract.
__________________________________
Max S. Duplant, CPA
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
38
Packet Pg. 441
AGENDA ITEM SUMMARY
Recommending Department: Solid Waste Services LSR No: N/A
Resolution -- Approving the Purchase from Sam Packs Five Star Ford for
Two Ford F-250 X 3/4 Ton Pickup Trucks through the State of Texas
Procurement Support Services (TPASS)
1. This item supports Strategic Goal No. 10: Environmentally Sustainable Community.
2. This item has been recommended by Solid Waste Services.
3. Impact: These vehicles will be used to collect missed refuse stops, late set outs
and special waste materials as well as monitor and provide support to the daily
activities of the Solid Waste Services collection crews.
4. This purchase is for one 2011 Ford F-250, ton regular cab pickup with additional
equipment gas engine; and one 2011 Ford F-250 regular cab pickup with additional
equipment diesel engine. These trucks will replace current truck #06139 and
#06142. This purchase utilitzes Texas Procurement and Support Services (TPASS)
072-A1.
Replacement Fund.
Vendor Item
FY 2010-11 Est.
Expenditure
(Current FY)
Total Est.
Expenditure
Sam Packs Five Star Ford Truck 1 gas engine $23,310.67 $23,310.67
Sam Packs Five Star Ford Truck 2 diesel engine $30,685.67 $30,685.67
Totals: $53,996.34 $53,996.34
Recommendation
Comments: The City of Irving entered into an Interlocal Cooperative Purchasing Agreement
with Texas Procurement and Support Services (TPASS) in February, 2000, for the purchase
of various commodities. This purchase meets competitive bid requirements with the State of
Texas statutes, rules, policies and procedures. Purchasing assigned #186M-11F to this item
for tracking purposes.
Current/
Previous
Vendor
Current/
Previous
Price
Price
Difference
(+/- from previous
contract)
Performance
Criteria
39
Packet Pg. 442
N/A N/A Sam Packs Five
Star Ford
$53,996.34 $53,996.34 Yes
ATTACHMENTS:
Vendor Pricing Summary (PDF)
6604-0612-75401-9100 Budget: $53,996.34 Actual: $53,996.34
P0190728
Budget Adjustment/Transfer Required: Yes A budget adjustment is required as one truck
was upgraded to diesel to help meet the green fleet requirements
39
Packet Pg. 443
CITY OF IRVING
SECTION I. THAT the City Council hereby approves the purchase from Sam Packs Five Star
Ford in the net amount of $53,996.34 for two 2011 Ford F-250 Ton Pickups,
through the State of Texas Procurement and Support Services, and awards the contract
to said company in said amount, and authorizes the Mayor to execute any necessary
contract.
__________________________________
Max S. Duplant, CPA
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
39
Packet Pg. 444
39.a
Packet Pg. 445
A
t
t
a
c
h
m
e
n
t
:

V
e
n
d
o
r

P
r
i
c
i
n
g

S
u
m
m
a
r
y

(
4
0
8
0

:

3
0
P

T
w
o

F
o
r
d

F
-
2
5
0

R
e
g

C
a
b

P
i
c
k
u
p
s
)
39.a
Packet Pg. 446
A
t
t
a
c
h
m
e
n
t
:

V
e
n
d
o
r

P
r
i
c
i
n
g

S
u
m
m
a
r
y

(
4
0
8
0

:

3
0
P

T
w
o

F
o
r
d

F
-
2
5
0

R
e
g

C
a
b

P
i
c
k
u
p
s
)
39.a
Packet Pg. 447
A
t
t
a
c
h
m
e
n
t
:

V
e
n
d
o
r

P
r
i
c
i
n
g

S
u
m
m
a
r
y

(
4
0
8
0

:

3
0
P

T
w
o

F
o
r
d

F
-
2
5
0

R
e
g

C
a
b

P
i
c
k
u
p
s
)
39.a
Packet Pg. 448
A
t
t
a
c
h
m
e
n
t
:

V
e
n
d
o
r

P
r
i
c
i
n
g

S
u
m
m
a
r
y

(
4
0
8
0

:

3
0
P

T
w
o

F
o
r
d

F
-
2
5
0

R
e
g

C
a
b

P
i
c
k
u
p
s
)
39.a
Packet Pg. 449
A
t
t
a
c
h
m
e
n
t
:

V
e
n
d
o
r

P
r
i
c
i
n
g

S
u
m
m
a
r
y

(
4
0
8
0

:

3
0
P

T
w
o

F
o
r
d

F
-
2
5
0

R
e
g

C
a
b

P
i
c
k
u
p
s
)
AGENDA ITEM SUMMARY
Recommending Department: Public Works/ IGS LSR No: N/A
Resolution -- Renewing Annual Contracts with Holt Texas, LTD., dba Holt
Cat; Landmark Equipment Co., Inc.; Conley Lott Nichols of Texas, Inc.; and
Stewart & Stevenson LLC, to provide Heavy Equipment Maintenance
2. This item has been recommended by Public Works Fleet Services.
3. Impact: These annual contracts will keep the citys heavy equipment repaired and
maintained with minimum downtime, keeping service levels high.
4. This renewal establishes the continuation of annual contracts to provide parts,
maintenance, and repairs for each original equipment manufacturer engine type,
while routine preventive maintenance continues to be performed by citys Fleet
staff.
available in the Garage Fund, subject to FY11-12 funds being appropriated.
Vendor Item(s)
FY10-11
Est. Exp.
(Current FY)
FY11-12
Est. Exp.
(Future FY)
Total
Annual
Est. Exp.
Holt Texas, LTD, dba Holt
Cat
1 & 5, Caterpillar - In and Out of
Warranty
$28,229.48 $141,147.34 $169,376.82
Landmark Equipment
Co., Inc.
2 & 6, Ford Tractors - In and
Out of Warranty
$ 1,659.46 $ 8,297.28 $ 9,956.74
Conley Lott Nichols of
Texas, Inc.
11, Morbark - In and Out of
Warranty; 14, Bobcat In and
Out of Warranty; and 16,
Ingram In and Out of Warranty
$ 783.34 $ 3,916.66 $ 4,700.00
Stewart & Stevenson LLC
All of 17, Detroit $ 5,653.24 $ 28,266.15 $ 33,919.39

Total Est. Amount
$36,325.52 $181,627.43 $217,952.95
Recommendation
Previous Action: RES-2010-74 Council Action: Approved first renewal
Comments: Service provided by the vendor meets specifications and performance criteria.
This is the second of two renewal options for Items 1, 2, 5, 6, 11, 14, 16, and 17 on #189M-
11F in the net estimated amount of $217,952.95 for the remainder of this one-year term.
Items 3 & 7 did not receive any bids and are not a part of this award.
40
Packet Pg. 450
Current/
Previous
Vendor
Current/
Previous
Price
Proposed
Vendor
Proposed
Price
Difference
(+/- from previous
contract)
Performance
Criteria
Hol t Texas Lt d, dba Hol t
Cat (It ems 1 & 5)
$75,000.00 Hol t Texas Lt d, dba Hol t
Cat (It ems 1 & 5)
$169,376.82
Landmar k Equi pment
Co., Inc. It ems 2 & 6)
$65,000.00 Landmar k Equi pment
Co., Inc. It ems 2 & 6)
$9,956.74
Conl ey Lot t Ni chol s of
Texas, Inc. (It ems 11, 14
& 16)
$26,000.00 Conl ey Lot t Ni chol s of
Texas, Inc. (It ems 11, 14
& 16)
$4,700.00
St ew ar t & St evenson
LLC ( It em 17)
$35,000.00 St ew ar t & St evenson LLC
( It em 17)
$33,919.39
TOTALS $201,000.00 $217,952.95 -$16,952.95 Yes
6603-4072-53201-1040 Budget: $36,325.52 Est. Award: $36,325.52
Purchase orders will be issued as needed for annual contract.
Prepared: 8/15/2011 11:19 AM by Marsha Hughes
40
Packet Pg. 451
CITY OF IRVING
SECTION I. THAT the City Council hereby renews the annual contracts with Holt Texas, LTD.,
dba Holt Cat, for Items 1 and 5 in the net estimated amount of $28,229.48 for the
period of September 1, 2011, through September 30, 2011, and in the net estimated
amount of $141,147.34 for the period of October 1, 2011, through May 31, 2012,
subject to funds being appropriated in Fiscal Year 2011-12; Landmark Equipment
Co., Inc., for Items 2 and 6 in the net estimated amount of $1,659.46 for the period of
September 1, 2011, through September 30, 2011, and in the net estimated amount of
$8,297.28 for the period of October 1, 2011, through May 31, 2012, subject to funds
being appropriated in Fiscal Year 2011-12; Conley Lott Nichols of Texas, Inc., for
Items 11, 14, and 16 in the net estimated amount of $783.34 for the period of
September 1, 2011, through September 30, 2011, and in the net estimated amount of
$3,916.66 for the period of October 1, 2011, through May 31, 2012, subject to funds
being appropriated in Fiscal Year 2011-12; and Stewart & Stevenson LLC, for Item
17 in the net estimated amount of $5,653.24 for the period of September 1, 2011,
through September 30, 2011, and in the net estimated amount of $28,266.15 for the
period of October 1, 2011, through May 31, 2012, subject to funds being appropriated
in Fiscal Year 2011-12, for Heavy Equipment Maintenance, and awards the renewal
contracts to said companies in said amounts, and authorizes the Mayor to execute any
necessary contracts.
__________________________________
Max S. Duplant, CPA
40
Packet Pg. 452
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
40
Packet Pg. 453
AGENDA ITEM SUMMARY
Recommending Department: Street Operations LSR No: N/A
Resolution -- Rejecting the Annual Bid for Road Maintenance Materials &
Recycled Concrete
1. This item supports Strategic Goals No. 9: Infrastructure and No. 10:
2. This rejection has been recommended by the Solid Waste Services and Traffic and
Transportation Departments.
4. Road Maintenance Materials consist of various sands, gravel, etc.
Recommendation
.
HUB. Four (4) responses were received, of which one (1) was M/WBE or HUB, for bid
#158M-11F. Due to the terms in the contract, three of the four vendors would be deemed
non-responsive and there were no renewal options.
ATTACHMENTS:
Response Summary (PDF)
None
41
Packet Pg. 454
CITY OF IRVING
SECTION I. THAT the City Council hereby rejects any and all bids relative to ITB No. 158M-
11F, for Road Maintenance Materials and Recycled Concrete, and authorizes the
Solid Waste Services and Traffic and Transportation departments to revise the
specifications.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
41
Packet Pg. 455
Item Description
State Min.
Load, if
any
Unit Price
(FOB Valley
View Location)
Total Price
(FOB Valley View
Location)
State
Min.
Load, if
any
Unit Price
(FOB Valley
View
Location)
Total Price
(FOB Valley
View Location)
State Min.
Load, if
any
Unit Price
(FOB Valley
View
Location)
Total Price (FOB
Valley View Location)
State
Min.
Load, if
any
Unit Price
(FOB Valley
View Location)
Total Price
(FOB Valley View
Location)
1 Crushed Aggregate (Flex-Base) 8,000 tons 23 $20.75 $166,000.00 24 $18.75 $150,000.00 13 $20.95 $167,600.00 23 $10.86 $86,880.00
2 Black Sandy LoamMudjack 2,400 cu yds left blank left blank $0.00 10 $29.50 $70,800.00 NB left blank $0.00 NB left blank $0.00
3 Remix 180 cu yds left blank left blank $0.00 10 $30.50 $5,490.00 13 $29.50 $5,310.00 left blank left blank $0.00
4 Screened Sandy Loam(Top Soil) 5,500 cu yds 23 $24.55 $135,025.00 10 $23.50 $129,250.00 12 $29.50 $162,250.00 20 $20.25 $111,375.00
5 Cushion Sand 700 cu yds 23 $13.50 $9,450.00 10 $12.75 $8,925.00 12 $15.25 $10,675.00 20 $12.00 $8,400.00
6 Masonry Sand 400 cu yds $23.00 $23.55 $9,420.00 10 $28.50 $11,400.00 13 $28.50 $11,400.00 NB left blank $0.00
7 Recycled Concrete 600 tons left blank left blank $0.00 12 $16.50 $9,900.00 13 $16.50 $9,900.00 NB left blank $0.00
8
Standard Crushed Stone
(Backfill)
800 cu yds left blank left blank $0.00 10 $27.50 $22,000.00 13 $22.95 $18,360.00 23 $19.45 $15,560.00
$319,895.00 $407,765.00 $385,495.00 $222,215.00
Item Description
Total Price (Est.
Qty x Unit Price)
FOB
Total Price
(Est. Qty x
Unit Price)
FOB
Total Price (Est.
Qty x Unit Price)
FOB
Total Price (Est.
Qty x Unit Price)
FOB
9
Size 2, Grade 1M Recycled
Concrete 1-1/2" to 2-3/4" (per the
attached specifications) delivered
to Hunter Ferrell Landfill
1500 tons $0.00 $24,750.00 $26,250.00 $0.00
$0.00 10 days 1% $247.50 10 Days 2% $525.00 $0.00
$0.00 $24,502.50 $25,725.00 $0.00
$0.00 10 days 1% $4,077.65 10 days 2% $7,709.90 $0.00
Total $0.00 $385,495.00 $0.00
Discount -
Total
$0.00 $403,687.35 $377,785.10
Item#
3 - Remix
4 - Sandy Loam
5 - Cushion
Sand
6 - Masonry
Sand
8 - Crushed
Stone
Vendors
Est. Unit Price FOB
left blank
Est. Unit Price
FOB
$16.50
96.30
1.3 96.30
Payment Discount
$407,765.00
Lowery Sand &Gravel Co Inc.
Conversion Factor Tons/Cu Yd
Loosely Rodded Dry Density
LBS/Cu Ft (+/-)
1.3 96.30
1.3 96.30
Subtotal
Payment Terms
Total
Est. Qty.
Vendors Neese Materials, Inc.
Neese Materials, Inc. Lowery Sand &Gravel Co Inc.
Est. Qty.
Response Summary
Road Maintenance and Recycled Concrete Materials
ITB Number 158M-11, Closing Date: July 18, 2011
Melody York, Purchasing Assistant, (972) 721-3760
Est. Unit Price
FOB
NB
Crouch Sand &Gravel, Inc.
Texas Sand &Gravel Crouch Sand &Gravel, Inc.
$17.50
Texas Sand &Gravel
Est. Unit Price
FOB
**Awardee** **Awardee** **Awardee** **Awardee**
Some items were bid per ton pricing instead of per cubic yard pricing. The Conversion Factor for converting tons to cubic yards and therefore for converting price per ton to price per cubic yard for loosely compacting relatively dry
material is taken from an average of values given in B.K. Hough's "Basic Soils Engineering" and Peck Hansen and Thornburn's "Foundation Engineering" for various soil and material types.
This response summary is a listing of those who responded and their pricing. However, the responses have not been evaluated and the bidders have not been determined to be responsive at this time. After a complete review of the bids, a recommendation for award will be made and posted on-
line. Unless stated otherwise in the solicitation documents, award will be made to the lowest, responsive bidder who is deemed able to meet the requirements and qualifications of the specifications.
Grand Total $319,895.00 $424,112.20 $403,510.10 $222,215.00
1.3 96.30
1.3
41.a
Packet Pg. 456
A
t
t
a
c
h
m
e
n
t
:

R
e
s
p
o
n
s
e

S
u
m
m
a
r
y

(
4
0
6
9

:

3
0
P

R
o
a
d

M
a
i
n
t

M
a
t

R
e
j
e
c
t

B
i
d
)
AGENDA ITEM SUMMARY
Recommending Department: Public Works/ IGS LSR No: N/A
Resolution -- Rejecting the Annual Bid for Janitorial Supplies Part 2
2. This rejection has been recommended by the Public Works Department.
4. Janitorial supplies consist of cleaning implements, cleaning chemicals, etc.
Recommendation
HUB. Fifteen responses, of which six (6) were received for bid #119M-11F.
ATTACHMENTS:
Bid Response (PDF)
None
42
Packet Pg. 457
CITY OF IRVING
SECTION I. THAT the City Council hereby rejects any and all bids relative to ITB No. 119M-
11F, for Janitorial Supplies Part 2, and authorizes the Public Works Department to
revise the specifications.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
42
Packet Pg. 458
City of Irving, Texas, Response Summary
ITB Name: Janitorial Supplies
ITB Number: 119M-11F
Bid Closing Date: May 20, 2011
Purchasing Agent: Marsha Hughes, 972.721.3754
Item Qty Decriptions
1 12 ea 20 Gong Brush $3.95 $47.40 $3.98 $47.76 $3.52 $42.24 $0.00 $0.00 $4.26 $51.12
2 60 ea 18 Floor Brush $9.31 $558.60 $9.37 $562.20 $8.27 $496.20 $0.00 $0.00 $10.00 $600.00
3 84 ea 18 Street Broom $7.80 $655.20 $7.86 $660.24 $6.93 $582.12 $0.00 $0.00 $8.40 $705.60
4 12 ea 36 Floor Brush $20.44 $245.28 $20.60 $247.20 $18.16 $217.92 $0.00 $0.00 $22.00 $264.00
5 340 ea Latex Gloves (medium) $9.00 $3,060.00 $8.55 $2,907.00 $7.94 $2,699.60 $0.00 $0.00 $9.13 $3,104.20
6 320 ea Latex Gloves (large) $9.00 $2,880.00 $8.55 $2,736.00 $7.94 $2,540.80 $0.00 $0.00 $9.13 $2,921.60
7 24 ea House Broom $9.80 $235.20 $9.85 $236.40 $104.51 $2,508.24 $0.00 $0.00 $10.56 $253.44
8 48 ea Clamp Type Mop $6.19 $297.12 $6.10 $292.80 $6.16 $295.68 $0.00 $0.00 $6.50 $312.00
9 12 ea Screw Type Mop Handle $4.32 $51.84 $4.20 $50.40 $3.69 $44.28 $0.00 $0.00 $4.48 $53.76
10 24 ea Threaded Floor Brush Handle $3.14 $75.36 $3.10 $74.40 $2.70 $64.80 $0.00 $0.00 $3.26 $78.24
11 300 ea Trigger Spray Bottle with Head $1.15 $345.00 $1.20 $360.00 $1.03 $309.00 $0.00 $0.00 $1.24 $372.00
12 24 ea Stripping Pad $19.51 $468.24 $3.77 $90.48 $3.30 $79.20 $0.00 $0.00 $4.03 $96.72
13 144 ea Screw Type Mop Head $4.43 $637.92 $4.60 $662.40 $3.93 $565.92 $0.00 $0.00 $4.76 $685.44
14 300 ea Clamp Type Mop Head $4.75 $1,425.00 $4.79 $1,437.00 $4.22 $1,266.00 $0.00 $0.00 $5.13 $1,539.00
15 120 ea Room Deodorant Block $18.47 $2,216.40 $2.95 $354.00 $2.77 $332.40 $0.00 $0.00 $3.15 $378.00
Vendors
Group 1 1-27 - Bid All or None
K&C Enterprise
Med Waste
Solutions, Inc.
Jamestown
Chemical
Industrial Chemical
Labs & Services
2M Business
Products
Page 1 of 8
4
2
.
a
P
a
c
k
e
t

P
g
.

4
5
9
Attachment: Bid Response (4072 : 30PJanitorial Supplies Reject Bid)
16 1728 ea Urinal Deodorant Block w/Screen $21.59 $37,307.52 $1.72 $2,972.16 $1.58 $2,730.24 $0.00 $0.00 $1.84 $3,179.52
17 1080 ea Room Deodorant Spray $48.50 $52,380.00 $3.39 $3,661.20 $3.37 $3,639.60 $0.00 $0.00 $3.75 $4,050.00
18 144 ea Wasp & Hornet Spray $62.75 $9,036.00 $4.38 $630.72 $4.61 $663.84 $0.00 $0.00 $4.85 $698.40
19 48 ea Ant & Roach Spray $51.00 $2,448.00 $3.57 $171.36 $3.55 $170.40 $0.00 $0.00 $3.94 $189.12
20 288 ea Insect Repellant $73.84 $21,265.92 $4.98 $1,434.24 $5.24 $1,509.12 $0.00 $0.00 $5.70 $1,641.60
21 24 ea Waterless Hand Cleaner $28.34 $680.16 $2.01 $48.24 $1.95 $46.80 $0.00 $0.00 $2.19 $52.56
22 50 ea Powdered Hand Soap $56.90 $2,845.00 $5.07 $253.50 $5.03 $251.50 $0.00 $0.00 $5.71 $285.50
23 2880 ea Liquid Hand Soap $66.01 $190,108.80 $4.90 $14,112.00 $4.90 $14,112.00 $0.00 $0.00 $5.65 $16,272.00
24 12 ea Sewer Deodorant Black $51.26 $615.12 $46.50 $558.00 $46.09 $553.08 $0.00 $0.00 $53.00 $636.00
25 600 pkg Commode Seat Covers $48.00 $28,800.00 $2.10 $1,260.00 $2.03 $1,218.00 $0.00 $0.00 $2.28 $1,368.00
26 1000 box 4 1/4 oz Water Cups $43.76 $43,760.00 $1.65 $1,650.00 $8.45 $8,450.00 $0.00 $0.00 $1.83 $1,830.00
$0.00 $0.00
27 $10,000 Less 30% $7,000.00 Less 38% $6,200.00 - - $0.00 $0.00 Less 21% $7,900.00

$402,445.08
$409,445.08
$45,388.98
$45,388.98
Vendors K&C Enterprise
Med Waste
Solutions, Inc.
Jamestown
Chemical
Industrial Chemical
Labs & Services
Group I Subtotal (Items 1-26) - Fixed Unit Pricing Items
NO BID
$41,617.82
$49,517.82
2M Business
Products
Estimated for other catalog items not
specifically listed above
Group I total (Items 1-26) - Fixed Unit Pricing Items
$37,469.70
$43,669.70
Page 2 of 8
4
2
.
a
P
a
c
k
e
t

P
g
.

4
6
0
28
12 tubs
Bru-clean TbC Bleach Substitute
161015 Medline
$0.00 $0.00 $130.00 $1,560.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
29
96 gal
Floor Stripper PB Free Finish
Remover
$0.00 $0.00 $18.50 $1,776.00 $0.00 $0.00 $34.95 $3,355.20 $0.00 $0.00
30
196 gal Floor Wax Ultra Bright Floor Finish $0.00 $0.00 $18.94 $3,712.24 $0.00 $0.00 $34.95 $6,850.20 $0.00 $0.00
31
500 boxes Oil Sorb, 50 boxes $0.00 $0.00 $40.00 $20,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
32
200 boxes Small Waste Can Plastic Bags $0.00 $0.00 $37.25 $7,450.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

1 12 ea 20 Gong Brush $4.43 $53.16 $4.54 $54.48 $4.08 $48.96 $0.00 $0.00 $3.99 $47.88
2 60 ea 18 Floor Brush $10.41 $624.60 $10.68 $640.80 $9.45 $567.00 $0.00 $0.00 $8.98 $538.80
3 84 ea 18 Street Broom $8.74 $734.16 $8.96 $752.64 $7.95 $667.80 $0.00 $0.00 $7.79 $654.36
4 12 ea 36 Floor Brush $22.89 $274.68 $23.48 $281.76 $20.95 $251.40 $0.00 $0.00 $19.98 $239.76
5 340 ea Latex Gloves (medium) $9.49 $3,226.60 $9.73 $3,308.20 $8.25 $2,805.00 $0.00 $0.00 $0.10 $33.93
6 320 ea Latex Gloves (large) $9.49 $3,036.80 $9.73 $3,113.60 $8.25 $2,640.00 $0.00 $0.00 $0.10 $31.94
7 24 ea House Broom $10.99 $263.76 $11.76 $282.24 $9.97 $239.28 $0.00 $0.00 $9.98 $239.52
NO BID $34,498.24 Group II Subtotal (Items 28-32) - Fixed Unit Pricing Items NO BID NO BID $10,205.40
Vendors K&C Enterprise
Med Waste
Solutions, Inc.
Jamestown
Chemical
Industrial Chemical
Labs & Services
2M Business
Products
Pyramid School
Products
Vendors
Master Cleaning
Supply
Olmsted-Kirk
Equipment Supply
Jani-Mart Ecolab, Inc.
Page 3 of 8
4
2
.
a
P
a
c
k
e
t

P
g
.

4
6
1
8 48 ea Clamp Type Mop $6.76 $324.48 $5.60 $268.80 $6.20 $297.60 $0.00 $0.00 $6.58 $315.84
12 24 ea Stripping Pad $4.19 $100.56 $4.29 $102.96 $4.25 $102.00 $0.00 $0.00 $3.39 $81.36
14 300 ea Clamp Type Mop Head $5.21 $1,563.00 $5.46 $1,638.00 $4.30 $1,290.00 $0.00 $0.00 $3.98 $1,194.00
15 120 ea Room Deodorant Block $3.26 $391.20 $3.36 $403.20 $2.90 $348.00 $0.00 $0.00 $2.79 $334.80
16 1728 ea Urinal Deodorant Block w/Screen $1.92 $3,317.76 $1.96 $3,386.88 $1.90 $3,283.20 $3.16 $5,460.48 $1.79 $3,093.12
17 1080 ea Room Deodorant Spray $3.90 $4,212.00 $4.00 $4,320.00 $3.70 $3,996.00 $0.00 $0.00 $3.75 $4,050.00
18 144 ea Wasp & Hornet Spray $5.04 $725.76 $5.17 $744.48 $4.71 $678.24 $0.00 $0.00 $4.38 $630.72
19 48 ea Ant & Roach Spray $4.10 $196.80 $4.16 $199.68 $3.85 $184.80 $0.00 $0.00 $3.85 $184.80
20 288 ea Insect Repellant $5.94 $1,710.72 $6.08 $1,751.04 $5.60 $1,612.80 $0.00 $0.00 $5.43 $1,563.84
22 50 ea Powdered Hand Soap $5.95 $297.50 $6.09 $304.50 $5.37 $268.50 $0.00 $0.00 $6.98 $349.00
Vendors
Master Cleaning
Supply
Olmsted-Kirk
Equipment Supply
Pyramid School
Products
Page 4 of 8
4
2
.
a
P
a
c
k
e
t

P
g
.

4
6
2
23 2880 ea Liquid Hand Soap $5.88 $16,934.40 $6.03 $17,366.40 $5.36 $15,436.80 $18.37 $52,905.60 $5.42 $15,609.60
25 600 pkg Commode Seat Covers $2.38 $1,428.00 $2.43 $1,458.00 $2.30 $1,380.00 $0.00 $0.00 $1.85 $1,110.00
26 1000 box 4 1/4 oz Water Cups $1.90 $1,900.00 $1.93 $1,930.00 $2.15 $2,150.00 $0.00 $0.00 $1.83 $1,830.00
27 $10,000 Less 30% $7,000.00 Less 30% $7,000.00 Less 30% $7,000.00 - - Less 10% $9,000.00

28
12 tubs
161015 Medline
$1.86 $22.32 $13.27 $159.24 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
29
96 gal
Remover
$7.81 $749.76 $14.29 $1,371.84 $11.35 $1,089.60 $33.78 $3,242.88 $0.00 $0.00
30
196 gal Floor Wax Ultra Bright Floor Finish $14.40 $2,822.40 $14.91 $2,922.36 $14.50 $2,842.00 $20.18 $3,955.28 $0.00 $0.00
31
500 boxes Oil Sorb, 50 boxes $5.66 $2,830.00 $6.01 $3,005.00 $6.79 $3,395.00 $0.00 $0.00 $0.00 $0.00
32
200 boxes Small Waste Can Plastic Bags $19.72 $3,944.00 $46.38 $9,276.00 $34.79 $6,958.00 $0.00 $0.00 $0.00 $0.00

Group II Subtotal (Items 28-32) - Fixed Unit Pricing Items $10,368.48 $16,734.44 $14,284.60 $7,198.16 NO BID
Group I total (Items 1-26) - Fixed Unit Pricing Items $50,272.18 $51,310.22 $46,359.30
Pyramid School
Products
Group I Subtotal (Items 1-26) - Fixed Unit Pricing Items $43,272.18 $44,310.22 $39,975.26 $33,648.75 $58,366.08
Vendors
Master Cleaning
Supply
Olmsted-Kirk
Equipment Supply
$58,366.08 $42,648.75
Page 5 of 8
4
2
.
a
P
a
c
k
e
t

P
g
.

4
6
3
1 12 ea 20 Gong Brush $4.77 $57.24 $5.20 $62.40 $5.65 $67.80 $0.00 $0.00 $0.00 $0.00
2 60 ea 18 Floor Brush $9.22 $553.20 $10.36 $621.60 $10.45 $627.00 $0.00 $0.00 $0.00 $0.00
3 84 ea 18 Street Broom $8.23 $691.32 $9.11 $765.24 $9.89 $830.76 $0.00 $0.00 $0.00 $0.00
4 12 ea 36 Floor Brush $16.99 $203.88 $23.14 $277.68 $19.98 $239.76 $0.00 $0.00 $0.00 $0.00
5 340 ea Latex Gloves (medium) $8.25 $2,805.00 $10.57 $3,593.80 $9.78 $3,325.20 $0.00 $0.00 $0.00 $0.00
6 320 ea Latex Gloves (large) $8.25 $2,640.00 $10.57 $3,382.40 $9.78 $3,129.60 $0.00 $0.00 $0.00 $0.00
7 24 ea House Broom $9.99 $239.76 $10.52 $252.48 $8.45 $202.80 $0.00 $0.00 $0.00 $0.00
8 48 ea Clamp Type Mop $6.60 $316.80 $5.78 $277.44 $7.20 $345.60 $0.00 $0.00 $0.00 $0.00
12 24 ea Stripping Pad $4.32 $103.68 $4.17 $100.08 $4.89 $117.36 $0.00 $0.00 $0.00 $0.00
14 300 ea Clamp Type Mop Head $5.03 $1,509.00 $5.10 $1,530.00 $5.95 $1,785.00 $0.00 $0.00 $0.00 $0.00
15 120 ea Room Deodorant Block $1.96 $235.20 $2.85 $342.00 $4.69 $562.80 $0.00 $0.00 $0.00 $0.00
All American Poly Vendors
Madden Safety
Products Inc.
Complete Supply
J&S Chemicals and
Supplies
Hollywood
Restroom &
Janitorial Supplies
Page 6 of 8
4
2
.
a
P
a
c
k
e
t

P
g
.

4
6
4
16 1728 ea Urinal Deodorant Block w/Screen $1.89 $3,265.92 $1.82 $3,144.96 $2.63 $4,544.64 $0.00 $0.00 $0.00 $0.00
17 1080 ea Room Deodorant Spray $4.26 $4,600.80 $3.82 $4,125.60 $4.65 $5,022.00 $0.00 $0.00 $0.00 $0.00
18 144 ea Wasp & Hornet Spray $5.51 $793.44 $4.85 $698.40 $5.99 $862.56 $0.00 $0.00 $0.00 $0.00
19 48 ea Ant & Roach Spray $4.48 $215.04 $4.02 $192.96 $5.69 $273.12 $0.00 $0.00 $0.00 $0.00
20 288 ea Insect Repellant $6.42 $1,848.96 $5.41 $1,558.08 $6.50 $1,872.00 $0.00 $0.00 $0.00 $0.00
22 50 ea Powdered Hand Soap $5.99 $299.50 $5.80 $290.00 $5.89 $294.50 $0.00 $0.00 $0.00 $0.00
23 2880 ea Liquid Hand Soap $5.69 $16,387.20 $6.56 $18,892.80 $6.65 $19,152.00 $0.00 $0.00 $0.00 $0.00
25 600 pkg Commode Seat Covers $2.19 $1,314.00 $2.72 $1,632.00 $3.45 $2,070.00 $0.00 $0.00 $0.00 $0.00
26 1000 box 4 1/4 oz Water Cups $2.11 $2,110.00 $0.00 $0.00 $55.95 $55,953.00 $0.00 $0.00 $0.00 $0.00
27 $10,000 Less 35% $6,500.00 Less 15% $8,500.00 - - - - - -

NO BID
Group I total (Items 1-26) - Fixed Unit Pricing Items $48,542.98 $51,940.08 $93,426.70 NO BID NO BID
Group I Subtotal (Items 1-26) - Fixed Unit Pricing Items $42,042.98 $43,440.08 $103,447.46 NO BID
Vendors
Madden Safety
Products Inc.
Complete Supply
J&S Chemicals and
Supplies
Hollywood
Restroom &
Janitorial Supplies
All American Poly
Page 7 of 8
4
2
.
a
P
a
c
k
e
t

P
g
.

4
6
5
28
12 tubs
161015 Medline
$0.00 $0.00 $117.56 $1,410.72 $47.64 $571.68 $210.00 $2,520.00 $0.00 $0.00
29
96 gal
Remover
$0.00 $0.00 $9.41 $903.36 $10.40 $998.40 $11.75 $1,128.00 $0.00 $0.00
30
196 gal Floor Wax Ultra Bright Floor Finish $0.00 $0.00 $12.21 $2,393.16 $16.97 $3,326.12 $16.50 $3,234.00 $0.00 $0.00
31
500 boxes Oil Sorb, 50 boxes $0.00 $0.00 $5.18 $2,590.00 $12.55 $6,275.00 $6.00 $3,000.00 $0.00 $0.00
32
200 boxes Small Waste Can Plastic Bags $0.00 $0.00 $18.34 $3,668.00 $24.45 $4,890.00 $18.00 $3,600.00 $28.75 $5,750.00

All American Poly Vendors
Madden Safety
Products Inc.
Complete Supply
J&S Chemicals and
Supplies
Hollywood
Restroom &
Janitorial Supplies
Group II Subtotal (Items 28-32) - Fixed Unit Pricing Items NO BID $10,965.24 $16,061.20 $13,482.00 $5,750.00
Page 8 of 8
4
2
.
a
P
a
c
k
e
t

P
g
.

4
6
6
AGENDA ITEM SUMMARY
Recommending Department: Budget & Compensation LSR No:
Ordinance -- Budget Adjustment #2 to the 2010-11 Fiscal Year Budget
2. Budget Adjustments are needed in the following funds: Health Self Insurance Fund,
Solid Waste Services Enterprise Fund, Water & Sewer System Fund, Garage Fund,
Compensated Absences Fund, Property & Casualty Self Insurance Fund, Water &
Sewer System Non-Bond CIP Fund, Municipal Court Technology Fund, Convention
Center Complex Fund, Entertainment Venue Fund, Fleet Maintenance Fund,
General Fund Non-Bond CIP Fund, Convention Center Construction Bond Fund,
City Building Improvement Bond Fund, DART Bond Fund, TIF Project Fund, Animal
Shelter Bond Fund, Park Bond Fund, ICVB General Fund, ICVB Reserve Fund,
ICVB Computer Replacement Fund, IAC Theater Reserve Fund, IAC General Fund,
Genghis Khan Fund, Miscellaneous Grants Fund, Emergency Management Grant
Fund, Shelter Plus Care Grant Fund, Community Development Block Grant -
Recovery Fund, Community Development Block Grant FY 2007-2008, Homeless
Prevention and Rapid Re-housing Grant State Fund, Equipment Replacement
Fund, Municipal Drainage Utility Fund, Municipal Drainage Utility Non-Bond CIP
Fund, Miscellaneous Donations Fund, Economic Development Fund, Local Law
Enforcement Block Grant Fund, Library Grant Fund, Criminal Justice Grant Fund,
and General Fund.
Recommendation
None
Prepared: 3/29/2011 04:17 PM by Shelle Womack
43
Packet Pg. 467
-1-
ORDINANCE NO. (ID # 3876)
AN ORDINANCE AMENDING ORDINANCE NO. 2010-9208 PROVIDING FOR BUDGETARY
ADJUSTMENT AND TRANSFERS TO THE 2010-2011 CITY OF IRVING HEALTH SELF
INSURANCE FUND BUDGET, SOLID WASTE SERVICES ENTERPRISE FUND BUDGET,
WATER & SEWER SYSTEM FUND BUDGET, GARAGE FUND BUDGET, COMPENSATED
ABSENCES FUND BUDGET, PROPERTY & CASUALTY SELF INSURANCE FUND BUDGET,
WATER & SEWER SYSTEM NON-BOND CIP FUND BUDGET, MUNICIPAL COURT
TECHNOLOGY FUND BUDGET, CONVENTION CENTER COMPLEX FUND BUDGET,
ENTERTAINMENT VENUE FUND, FLEET MAINTENANCE FUND BUDGET, GENERAL FUND
NON-BOND CIP FUND BUDGET, CONVENTION CENTER CONSTRUCTION BOND FUND
BUDGET, CITY BUILDING IMPROVEMENT BOND FUND BUDGET, DART BOND FUND
BUDGET, TIF PROJECT FUND BUDGET, ANIMAL SHELTER BOND FUND BUDGET, PARK
BOND FUND BUDGET, IRVING CONVENTION AND VISITORS BUREAU GENERAL FUND
BUDGET, IRVING CONVENTION AND VISITORS BUREAU RESERVE FUND BUDGET,
IRVING CONVENTION AND VISITORS BUREAU COMPUTER REPLACEMENT FUND
BUDGET, IRVING ARTS CENTER THEATER RESERVE FUND BUDGET, IRVING ARTS
CENTER GENERAL FUND BUDGET, GENGHIS KHAN FUND BUDGET, MISCELLANEOUS
GRANTS FUND BUDGET, EMERGENCY MANAGEMENT GRANT FUND BUDGET, SHELTER
PLUS CARE GRANT FUND BUDGET, COMMUNITY DEVELOPMENT BLOCK GRANT -
RECOVERY FUND BUDGET, COMMUNITY DEVELOPMENT BLOCK GRANT FY 2007-2008
BUDGET, HOMELESS PREVENTION AND RAPID RE-HOUSING GRANT STATE FUND
BUDGET, EQUIPMENT REPLACEMENT FUND BUDGET, MUNICIPAL DRAINAGE UTILITY
FUND BUDGET, MUNICIPAL DRAINAGE UTILITY NON-BOND CIP FUND BUDGET,
MISCELLANEOUS DONATIONS FUND BUDGET, ECONOMIC DEVELOPMENT FUND
BUDGET, LOCAL LAW ENFORCEMENT BLOCK GRANT FUND BUDGET, LIBRARY GRANT
FUND BUDGET, CRIMINAL JUSTICE GRANT FUND BUDGET, AND GENERAL FUND
BUDGET.
WHEREAS, the City Council finds that amendment of the 2010-2011 City of Irving Budget is
required for municipal purposes pursuant to Section 102.010, Texas Local Government Code;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
IRVING, TEXAS:
SECTION 1. That City of Irving Ordinance No. 2010-9208 (2010-2011 Budget Ordinance)
is hereby amended as shown in Exhibit "A" attached hereto and incorporated herein for all purposes.
SECTION 2. That true copies of said budget amendment as approved and adopted shall be
filed in the Office of the County Clerk of Dallas County, Texas.
43
Packet Pg. 468
-2-
______________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
43
Packet Pg. 469
To: Tommy Gonzalez, City Manager
From: Bret Starr, Budget Administrator
cc: Max Duplant, Chief Financial Officer
Bradley Perrier, Director of Strategic Services
Date: August 23, 2011
Subject: BUDGET ADJUSTMENTS FY 2010-2011
SEPTEMBER 1ST - ADJUSTMENT #2
AGENDA ITEM
Item
Strategic
Goal Action
Revenue Fund
Balance Effect
Expenditure
Fund Balance
Effect
Net Reserve
Effect Fund Explanation
Operations
1 8 Allocate additional funding
to self-insurance funds
2,000,000 $ 2,000,000 $ - $ Health Self Insurance
Fund
To provide funding for the remainder of the year to the self-
insurance funds to cover claim expenditures.
- $ 66,666 $ (66,666) $ Solid Waste Services
Enterprise Fund
- $ 128,916 $ (128,916) $ Water & Sewer System
Fund
City of Irving
Management and Budget
Memorandum
Attached is a schedule that provides the detail for Budget Adjustment #2. Upon City Council approval, the FY 2010-11 budget will be adjusted to reflect these changes:
p
- $ 20,482 $ (20,482) $ ICVB General Fund To provide funding for the remainder of the year to the self-
- $ 18,072 $ (18,072) $ Garage Fund To provide funding for the remainder of the year to the self-
- $ 27,711 $ (27,711) $ Municipal Drainage
Utility Fund
- $ 21,687 $ (21,687) $ IAC General Fund To provide funding for the remainder of the year to the self-
2 Allocate additional funding
to property & casualty
insurance funds
1,300,000 $ 1,300,000 $ - $ Property & Casualty Self
Insurance Fund
To provide funding for the remainder of the year to the property
& casualty funds to cover claim expenditures.
Enterprise Fund
Fund
- $ 13,313 $ (13,313) $ ICVB General Fund To provide funding for the remainder of the year to the property
- $ 11,747 $ (11,747) $ Garage Fund To provide funding for the remainder of the year to the property
Utility Fund
- $ 14,096 $ (14,096) $ IAC General Fund To provide funding for the remainder of the year to the property
Item
Strategic
Goal Action
Revenue Fund
Balance Effect
Expenditure
Fund Balance
Effect
Net Reserve
3 Allocate additional funding
for retirement payments of
unused leave balances
250,000 $ 250,000 $ - $ Compensated Absences
Fund
To provide funding for the remainder of the year to the
compensated absences funds to retirement expenditures.
Enterprise Fund
Fund
- $ 2,560 $ (2,560) $ ICVB General Fund To provide funding for the remainder of the year to the
- $ 2,259 $ (2,259) $ Garage Fund To provide funding for the remainder of the year to the
Utility Fund
- $ 2,711 $ (2,711) $ IAC General Fund To provide funding for the remainder of the year to the
4 Storm Damage Insurance
Reimbursement
725,295 $ 725,295 $ - $ Property & Casualty Self
Insurance Fund
To create revenue and expenditure budget for insurance
reimbursement from storm damage.
5 9 Water Meters Contract (110,000) $ (110,000) $ - $ Water & Sewer System
Non-Bond CIP
To reduce budget in W&S Non-Bond Capital fund for water
meter replacement project that will be funded out of Water &
Sewer Operating Fund
6 4 Purchase of electronic ticket
writer equipment
- $ 13,000 $ (13,000) $ Municipal Court
Technology Fund
To provide funding to purchase electronic ticket writer equipment
to include three magstripe readers, ten patrol car power supply
cables and ten patrol car thermal printers with magstripe readers.
7 3 Convention Center budget
adjustment
- $ 3,642,000 $ (3,642,000) $ Convention Center
Complex Fund
To establish a budget in the Convention Center Complex Fund
from funds available for appropriations that were not included in
original adopted budget to cover operational needs for purchases
such as furniture, equipment, marketing and promotions.
8 3 Correct Transfer to
Occupancy Tax I&S Fund
2,119,069 $ 2,701,789 $ (582,720) $ Convention Center
Complex Fund
This adjustment corrects the transfer amount to the Occupancy
Tax I&S Fund and establishes a budget for the 2011 bond
payment.
9 9 Increase Fuel Budget 600,000 $ 600,000 $ - $ Fleet Maintenance Fund To increase revenue and expenditure budgets to reflect the
increased cost of fuel for city vehicles
10 3 Special Economic
Development Prospect
Marketing project
- $ 49,500 $ (49,500) $ Economic Development
Fund
To provide funding for the city's share of the Special Economic
Development Prospect Market project for Economic Development
11 9 Solar Lighting Repair Funds 10,646 $ - $ 10,646 $ General Fund To create miscellaneous revenue account for solar lighting
repairs.
Item
Strategic
Goal Action
Revenue Fund
Balance Effect
Expenditure
Fund Balance
Effect
Net Reserve
Capital Projects and Capital Equipment Purchases
12 9 Recovery of bid bond claims 23,874 $ 23,874 $ - $ General Fund Non-Bond
CIP Fund
To provide funding for recovery of bid bond claims from SureTec
Insurance Company for settlement of amounts owed from
ForceCon services on the MacArthur Corridor project.
13 9 Convention Center
purchases
- $ 127,000 $ (127,000) $ Convention Center
Construction Bond Fund
To provide funding for Convention Center purchases from
remaining funds available.
14 9 Senter Park Roof - $ 370,000 $ (370,000) $ City Building
Improvement Bond Fund
To provide funding for replacement of roof at Senter Park
Recreation Center. Funding reallocated from CJC generator
replacement project authorized on January 13, 2011.
15 9 DART Orange Line Project 3,000,000 $ 3,000,000 $ - $ DART Bond Fund To provide funding for the completion of interlocal agreement
with DART on Orange Line project approved on council
resolution RES-2011-31.
- $ 3,000,000 $ (3,000,000) $ TIF Project Fund To provide funding for the completion of interlocal agreement
with DART on Orange Line project approved on council
resolution RES-2011-31.
16 9 Allocate cash reserves - $ 76,589 $ (76,589) $ Animal Shelter Bond
Fund
To reallocate cash reserves in fund to create expenditure budget
for Animal Shelter and close out fund.
17 8 Allocate engineering costs - $ 99,252 $ (99,252) $ Park Bond Fund To reallocate engineering costs incurred by General Fund to the
appropriate project funds
Non-Bond CIP Fund
To reallocate engineering costs incurred by General Fund to the
appropriate project funds
18 4 Purchase recording
equipment
- $ 45,383 $ (45,383) $ Municipal Court
Technology Fund
To provide funding to purchase statutorily required recording
equipment for operations.
19 9 IH 635 at Belt Line Frontage 76 698 $ 76 698 $ $ General F nd Non Bond To establish re en e and e pendit re b dget for the participation 19 9 IH 635 at Belt Line Frontage
Road
76,698 $ 76,698 $ - $ General Fund Non-Bond
CIP Fund
To establish revenue and expenditure budget for the participation
payment from Billingsley Development Corporation to TxDOT
for the balance of the construction cost for IH 635 at Belt Line
Frontage Road.
20 10 Establish MDU Non-Bond
CIP Fund
- $ (2,863,308) $ 2,863,308 $ Municipal Drainage
Utility Fund
To provide funding to establish MDU Non-Bond CIP Fund
reserved for capital projects as needed.
2,863,308 $ - $ 2,863,308 $ MDU Non-Bond CIP To provide funding to establish MDU Non-Bond CIP Fund
reserved for capital projects as needed.
21 9 CAT Dozer rebuild - $ 180,469 $ (180,469) $ Equipment Replacement
Fund
To provide funding for rebuild of Unit #06189, CAT Dozer which
has been placed under warranty status after service.
Item
Strategic
Goal Action
Revenue Fund
Balance Effect
Expenditure
Fund Balance
Effect
Net Reserve
Irving Conventions and Visitors Bureau (ICVB)
22 3 Funding for shortfall in
Convention Center 2011
bond payment
633,782 $ 2,116,069 $ (1,482,287) $ ICVB General Fund To provide funding for anticipated shortfall in 2009 series
Convention Center bond payment for 2011.
- $ 633,782 $ (633,782) $ ICVB Reserve Fund To provide funding for anticipated shortfall in 2009 series
Convention Center bond payment for 2011.
23 3 Irving Convention Center
Technology Infrastructure
200,000 $ 200,000 $ - $ ICVB General Fund To establish a revenue and expenditure budget for the creation of
technology infrastructure at Irving Convention Center
- $ 200,000 $ (200,000) $ ICVB Computer
Replacement Fund
To establish a revenue and expenditure budget for the creation of
technology infrastructure at Irving Convention Center
24 3 Way Finding Signs - $ 27,125 $ (27,125) $ ICVB General Fund To provide funding for ICVB portion of way finding signs located
through out the city promoting tourism.
3 Reimbursement of HOT
from Super Bowl 2011
- $ 25,135 $ (25,135) $ ICVB General Fund To provide funding for reimbursement of city's portion of HOT
tax incurred during Super Bowl 2011.
Irving Arts Center (IAC)
25 7 Replacement of sprinkler
heads in facilities
125,000 $ 61,633 $ 63,367 $ IAC General Fund To provide funding for replacement of (415) sprinkler heads in
facilities due to manufacturer's recall.
- $ 125,000 $ (125,000) $ IAC Theater Reserve Fund To provide funding for replacement of (415) sprinkler heads in
facilities due to manufacturer's recall.
- $ 32,905 $ (32,905) $ Genghis Khan Fund To provide funding for expenditures related to Genghis Khan
exhibit.
26 Increase pool of PT workers - $ - $ - $ IAC General Fund To increase the number of PT Front of House positions from 5 to
10 while maintaining the current budget. The increase in number
of staff will ensure staff availability at Art Center Events while
not increasing the total number of hours worked or the overall
cost.
27 3 Way Finding Signs - $ 17,418 $ (17,418) $ IAC General Fund To provide funding for IAC portion of way finding signs located
through out the city promoting tourism.
3 Reimbursement of HOT
from Super Bowl 2011
- $ 18,797 $ (18,797) $ IAC General Fund To provide funding for reimbursement of city's portion of HOT
tax incurred during Super Bowl 2011.
Item
Strategic
Goal Action
Revenue Fund
Balance Effect
Expenditure
Fund Balance
Effect
Net Reserve
Grants, Donations, and Contributions
28 4 Correct budget roll - $ (30,000) $ 30,000 $ Miscellaneous Grants
Fund
To correct expenditure item that rolled in error from FY 2008-09.
Adjustment needed to correct accounting error.
4 Homeland Security Grants 944,949 $ 944,949 $ - $ Emergency Management
Grant Fund
To create revenue and expenditure budget for Homeland Security
Grants of : MMRS ($317,419), UASI ($485,723), SHSP
($139,050) and CCP ($2,757.44).
4 Shelter Plus Care Grant 332,592 $ 332,592 $ - $ Shelter Plus Care Grant To create revenue and expenditure budget for the Shelter Plus
Care Grant.
4 Clair Morris Cat Corridor
Donation
40,000 $ 20,000 $ 20,000 $ Miscellaneous Donations
Fund
To establish revenue and expenditure budget for donation
received in memorial of Clair Morris to be used for cat
operational needs at the IACC.
Clair Morris Cat Corridor
Donation
20,000 $ (20,000) $ General Fund To provide funding for animal shelter needs from Miscellaneous
Donations Fund.
10 YES Grant 70,121 $ 70,121 $ - $ Miscellaneous Grants
Fund
To create revenue and expenditure budget for Youth
Environmental Sustainability (YES) Project Grant from
NCTCOG.
4 2010 JAG Grant 55,686 $ 55,686 $ - $ Local Law Enforcement
Block Grant Fund
To create revenue and expenditure budget for the 2010 Justice
Assistance Grant (JAG).
2 Community Block
Development Grant -
Recovery
608,703 $ - $ 608,703 $ Community Development
Block Grant-Recovery
Fund
To correct revenue budget that rolled incorrectly.
2 Homeless Prevention and
Rapid Re-Housing Grant -
State
- $ 343,367 $ (343,367) $ Homeless Prevention and
Rapid Re-Housing Grant -
State Fund
To provide funding for additional award from Texas Department
of Housing and Community affairs approved by City Council.
7 Librar Grants 70 208 $ 7 405 $ 62 803 $ Librar Grant F nd To tr e p grant re en e and e pendit re b dgets for act al 7 Library Grants 70,208 $ 7,405 $ 62,803 $ Library Grant Fund To true up grant revenue and expenditure budgets for actual
amounts received.
4 SHSP Grant 36,209 $ 36,209 $ - $ Emergency Management
Grant Fund
To increase revenue and expenditure budget to actual award
amount for SHSP grant.
4 2011 Gang Initiative Grant 150,000 $ 150,000 $ - $ Criminal Justice Grant
Fund
To establish revenue and expenditure budget for 2011 Gang
Initiative Grant.
8 Refund of HUD payment 61,348 $ 61,348 $ - $ CDBG - FY 2007-2008 Refund of HUD payment in July.

Bret Starr
Budget Administrator
Attachments
BS/sp
AGENDA ITEM SUMMARY
Recommending Department: City Managers Office LSR No: 12655
Ordinance -- Final Reading -- Approving a Negotiated Settlement with
Atmos Energy
2. Impact: Approval of the ordinance will implement a negotiated settlement with
Atmos Energy Corp.
3. Atmos Cities Steering Committee (ACSC) and Atmos Mid-Tex reached a settlement
addressing the Company's fourth Rate Review Mechanism (RRM) filing.
4. After review of the ACSC settlement team, it was determined that the evidence
supported no increase over current rates, and not the $15.4 million proposed by the
Company.
5. Ordinance approval includes a supplemental authorization of $6.6 million for
continuation of the steel pipeline replacement program throughout the Atmos
service area.
6. The outcome of this settlement is equal to or better than the outcome expected from
a lengthy contested case proceeding, and maintains cities' role as a regulator of
natural gas rates.
Recommendation
The ordinance be approved.
Contract Required: NA Review Completed By: Carrie Morris

Previous Action: NA Council Action: NA
ATTACHMENTS:
Atmos Mid-Tex RRM-4 Tariffs (PDF)
NONE
44
Packet Pg. 470
-2-
Prepared: 7/25/2011 11:03 AM by Jonathon Bazan
Last Updated: 8/22/2011 03:45 PM by Jennifer Phillips
44
Packet Pg. 471
-1-
ORDINANCE NO. ORD-2011-9272
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, APPROVING A
NEGOTIATED RESOLUTION BETWEEN THE ATMOS CITIES STEERING COMMITTEE AND
ATMOS ENERGY CORP., MID-TEX DIVISION, REGARDING THE COMPANYS FOURTH
ANNUAL RATE REVIEW MECHANISM FILING IN ALL CITIES EXERCISING ORIGINAL
JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING
TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED
SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE
JUST AND REASONABLE; REQUIRING THE COMPANY TO REIMBURSE CITIES
REASONABLE RATEMAKING EXPENSES; REPEALING CONFLICTING RESOLUTIONS OR
ORDINANCES; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE
WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS
CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS
ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEES LEGAL COUNSEL.
WHEREAS, the City of Irving, Texas (City), is a gas utility customer of Atmos Energy Corp.,
Mid-Tex Division (Atmos Mid-Tex or Company), and a regulatory authority with an interest in
the rates and charges of Atmos Mid-Tex; and
WHEREAS, the City is a member of the Atmos Cities Steering Committee (ACSC or
Steering Committee), a coalition of approximately 154 similarly situated cities served by Atmos
Mid-Tex that have joined together to facilitate the review of and response to natural gas issues affecting
rates charged in the Atmos Mid-Tex service area (such participating cities are referred to herein as
ACSC Cities); and
WHEREAS, pursuant to the terms of the agreement settling the Companys 2007 Statement of
Intent to increase rates, ACSC Cities and the Company worked collaboratively to develop a Rate
Review Mechanism (RRM) tariff that allows for an expedited rate review process controlled in a
three-year experiment by ACSC Cities as a substitute to the current GRIP process instituted by the
Legislature; and
WHEREAS, the City took action in 2008 to approve a Settlement Agreement with Atmos
Mid-Tex resolving the Companys 2007 rate case and authorizing the RRM Tariff; and
WHEREAS, the 2008 Settlement Agreement contemplates reimbursement of ACSC Cities
reasonable expenses associated with RRM applications; and
WHEREAS, the Steering Committee and Atmos Mid-Tex agreed to extend the RRM process in
reaching a settlement in 2010 on the third RRM filing; and
WHEREAS, on or about April 1, 2011, the Company filed with the City its fourth annual RRM
filing, requesting to increase natural gas base rates by $15.7 million; and
WHEREAS, ACSC coordinated its review of Atmos Mid-Texs RRM filing by designating a
Settlement Committee made up of ACSC representatives, assisted by ACSC attorneys and consultants,
to resolve issues identified by ACSC in the Companys RRM filing; and
44
Packet Pg. 472
-2-
WHEREAS, independent analysis by ACSCs rate expert concluded that Atmos Mid-Tex is
unable to justify an increase over current rates except for undisputed costs of $6.6 million to cover the
steel service line replacement program initiated in 2010; and
WHEREAS, the ACSC Settlement Committee, as well as ACSC lawyers and consultants,
recommend that ACSC Cities approve the attached rate tariffs (Attachment A to this ordinance),
which will increase the Companys revenue requirement by $6.6 million to extend current recovery of
incremental direct costs of the steel service line replacement program authorized by ACSC Cities in
ordinances passed in 2010; and
WHEREAS, the attached tariffs implementing new rates are consistent with the negotiated
resolution reached by ACSC Cities and are just, reasonable, and in the public interest;
IRVING, TEXAS:
SECTION 1. That the findings set forth in this ordinance are hereby in all things approved.
SECTION 2. That the City Council finds the existing rates for natural gas service provided by
Atmos Mid-Tex are unreasonable and new tariffs which are attached hereto and incorporated herein as
Attachment A, are just and reasonable and are hereby adopted.
SECTION 3. That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of the
ACSC Cities in processing the Companys rate application.
SECTION 4. That to the extent any resolution or ordinance previously adopted by the Council
is inconsistent with this ordinance, it is hereby repealed.
SECTION 5. That the meeting at which this ordinance was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
SECTION 6. That if any one or more sections or clauses of this ordinance is adjudged to be
unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining
provisions of this ordinance and the remaining provisions of the ordinance shall be interpreted as if the
offending section or clause never existed.
SECTION 7. That this ordinance shall become effective from and after its passage with rates
authorized by attached Tariffs to be effective for bills rendered on or after September 1, 2011.
SECTION 8. That a copy of this ordinance shall be sent to Atmos Mid-Tex, care of David
Park, Vice President Rates and Regulatory Affairs, at Atmos Energy Corporation, 5420 LBJ Freeway,
Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink
Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725.
44
Packet Pg. 473
-3-
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on first
reading on August 4, 2011.
________________________________
BETH VAN DUYNE
MAYOR
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE IRVING, TEXAS,
on second and final reading on September 1, 2011.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
______________________________
Shanae Jennings
______________________________
Charles R. Anderson
City Attorney
44
Packet Pg. 474
44.a
Packet Pg. 475
A
t
t
a
c
h
m
e
n
t
:

A
t
m
o
s

M
i
d
-
T
e
x

R
R
M
-
4

T
a
r
i
f
f
s

(
O
R
D
-
2
0
1
1
-
9
2
7
2

:

N
e
g
o
t
i
a
t
e
d

S
e
t
t
l
e
m
e
n
t

w
i
t
h

A
t
m
o
s

E
n
e
r
g
y
)
44.a
Packet Pg. 476
A
t
t
a
c
h
m
e
n
t
:

A
t
m
o
s

M
i
d
-
T
e
x

R
R
M
-
4

T
a
r
i
f
f
s

(
O
R
D
-
2
0
1
1
-
9
2
7
2

:

N
e
g
o
t
i
a
t
e
d

S
e
t
t
l
e
m
e
n
t

w
i
t
h

A
t
m
o
s

E
n
e
r
g
y
)
44.a
Packet Pg. 477
A
t
t
a
c
h
m
e
n
t
:

A
t
m
o
s

M
i
d
-
T
e
x

R
R
M
-
4

T
a
r
i
f
f
s

(
O
R
D
-
2
0
1
1
-
9
2
7
2

:

N
e
g
o
t
i
a
t
e
d

S
e
t
t
l
e
m
e
n
t

w
i
t
h

A
t
m
o
s

E
n
e
r
g
y
)
44.a
Packet Pg. 478
A
t
t
a
c
h
m
e
n
t
:

A
t
m
o
s

M
i
d
-
T
e
x

R
R
M
-
4

T
a
r
i
f
f
s

(
O
R
D
-
2
0
1
1
-
9
2
7
2

:

N
e
g
o
t
i
a
t
e
d

S
e
t
t
l
e
m
e
n
t

w
i
t
h

A
t
m
o
s

E
n
e
r
g
y
)
44.a
Packet Pg. 479
A
t
t
a
c
h
m
e
n
t
:

A
t
m
o
s

M
i
d
-
T
e
x

R
R
M
-
4

T
a
r
i
f
f
s

(
O
R
D
-
2
0
1
1
-
9
2
7
2

:

N
e
g
o
t
i
a
t
e
d

S
e
t
t
l
e
m
e
n
t

w
i
t
h

A
t
m
o
s

E
n
e
r
g
y
)
AGENDA ITEM SUMMARY
Recommending Department: Traffic & Transportation LSR No:
Ordinance -- Amending Section 21-87 and Section 21-87.1 of Chapter 21 of
Adding a School Zone on Pioneer Drive from a Point 450 Feet West of Belt
Line Road to a Point 270 Feet East of Carver Lane; on Willow Creek Drive
from a Point 305 Feet West of Belt Line Road to Aubrey Hawkins Lane;
Aubrey Hawkins Lane from a Point 1,290 Feet South of the Eastbound
Frontage Road of State Highway 183 to Willow Creek Drive; and on State
Highway 114, West Frontage Road, from a Point 700 Feet East of Cistercian
Road to a Point 100 Feet West of Cistercian Road
1. This item supports Strategic Goal No. 9: Infrastructure Network
2. Impact: This Ordinance will establish a school zone for Lady Bird Johnson Middle
School along Pioneer Drive; Willow Creek Drive; and Aubrey Hawkins Lane; this
Ordinance also amends the established School Zone along the SH114 Westbound
Frontage Road adjacent to Cistercian Preparatory School;
Recommendation
Contract Required: NA Review Completed By: NA
NONE
Prepared: 8/4/2011 02:46 PM by Sheila Garcia
45
Packet Pg. 480
-1-
AN ORDINANCE AMENDING SECTION 21-87 AND SECTION 21-87.1 OF CHAPTER 21
ENTITLED "MOTOR VEHICLES AND TRAFFIC" OF THE CODE OF CIVIL AND CRIMINAL
ORDINANCES OF THE CITY OF IRVING, TEXAS, BY ADDING A SCHOOL ZONE ON
PIONEER DRIVE FROM A POINT 450 FEET WEST OF BELT LINE ROAD TO A POINT 270
FEET EAST OF CARVER LANE; ON WILLOW CREEK DRIVE FROM A POINT 305 FEET
WEST OF BELT LINE ROAD TO AUBREY HAWKINS LANE; AUBREY HAWKINS LANE
FROM A POINT 1,290 FEET SOUTH OF THE EASTBOUND FRONTAGE ROAD OF STATE
HIGHWAY 183 TO WILLOW CREEK DRIVE; AND ON STATE HIGHWAY 114, WEST
FRONTAGE ROAD, FROM A POINT 700 FEET EAST OF CISTERCIAN ROAD TO A POINT 100
FEET WEST OF CISTERCIAN ROAD; PROVIDING A PENALTY; AND PROVIDING A
SEVERABILITY CLAUSE.
WHEREAS, Section 545.356 of the Texas Transportation Code provides that whenever the
governing body of the City shall determine upon the basis of an engineering and traffic investigation
that any prima facie speed therein set forth is greater or less than is reasonable or safe under the
conditions found to exist at any intersection or other place or upon any part of a street or highway
within the City, taking into consideration the width and condition of the pavement and other
circumstances on such portion of said street or highway, as well as the usual traffic thereon, said
governing body may determine and declare a reasonable and safe prima facie speed limit at that
location by the passage of an ordinance, which shall be effective when appropriate signs giving notice
thereof are erected at such intersection or other place or part of the street or highway;
IRVING, TEXAS:
SECTION 1. That Section 21-87 of Chapter 21 of The Code of Civil and Criminal Ordinances
of the City of Irving, Texas, is hereby amended by adding thereto the following locations:
School Locations of Designated School Zones
Lady Bird Johnson Middle School Pioneer Drive from a point 450 feet west of Belt
Line Road to a point 270 feet east of Carver Lane
Willow Creek Drive from a point 305 feet west of
Belt Line Road to Aubrey Hawkins Lane
Aubrey Hawkins Lane from a point 1,290 feet
south of the eastbound frontage road of State
Highway 183 to Willow Creek Drive
SECTION 2. Based upon an engineering and traffic investigation previously made as
authorized by the provisions of Texas Transportation Code, Section 545.356, the prima facie speed
limit of 30 miles per hour for vehicles is hereby determined and declared to be reasonable and safe, and
subsection (a) of Section 21-87.1 of Chapter 21 of The Code of Civil and Criminal Ordinances of the
City of Irving, Texas, is hereby amended by adding thereto the following location:
45
Packet Pg. 481
-2-
School Locations of Designated School Zones
Cistercian Preparatory School State Highway 114, west frontage road, from a
point 700 feet east of Cistercian Road to a point
100 feet west of Cistercian Road
SECTION 3. Any person violating or failing to comply with any provision of this ordinance
shall be fined upon conviction, not less than One Dollar ($1.00) nor more than Two Hundred Dollars
($200.00).
SECTION 4. That the terms and provisions of this ordinance shall be deemed to be severable
and that if the validity of any section, subsection, sentence, clause, or phrase of this ordinance should be
declared to be invalid, the same shall not affect the validity of any other section, subsection, sentence,
clause, or phrase of this ordinance.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_____________________________
Shanae Jennings
_____________________________
Charles R. Anderson
City Attorney
45
Packet Pg. 482
AGENDA ITEM SUMMARY
Recommending Department: Code Enforcement LSR No: 12559
Ordinance -- Amending Chapter 36 Entitled Public Swimming Pools and
Spas of the Code of Civil and Criminal Ordinances of the City of Irving,
Texas, by Amending Section 36-4 Permits and Fees
1. This item supports Strategic Goal No. 4: Set the Standard for a Safe and Secure
City.
2. Impact: This proposed fee increase for pool permit fees will help recover the Citys
cost in performing inspections and processing permits. A review of current fees in
the area, reveal that this fee is in line with at least six other cities in the metro area.
3. Proposed permit fee increase is from $150 to $200 per pool, hot tub, or spa.
4. Pool permit fees have not increased since 2005.
5. The net increase in cost recovery from this fee increase is projected to be $27,250
for Fiscal Year 2011-12.
Recommendation
.

NONE
Prepared: 8/17/2011 04:20 PM by Maria Guzman
46
Packet Pg. 483
-1-
AN ORDINANCE AMENDING CHAPTER 36 ENTITLED PUBLIC SWIMMING POOLS AND
SPAS OF THE CODE OF CIVIL AND CRIMINAL ORDINANCES OF THE CITY OF IRVING,
TEXAS, INCREASING PERMIT FEES; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:
SECTION 1. That subsection (c) of Section 36-4 of Chapter 36 of The Code of Civil and
Criminal Ordinances of the City of Irving, Texas, is amended to read as follows:
[Sec. 36-4. Permits and fees.]
(c) Fees for each pool, hot tub, or spa on the premises under the control of the owner/operator:
(1) All new permits - Two hundred dollars ($200.00) (does not include the plan review fee);
(2) If renewing the permit within thirty (30) days after the expiration date, the fee shall be two
hundred dollars ($200.00); and
(3) If renewing the permit more than thirty (30) days after the expiration date, the fee shall be four
hundred dollars ($400.00).
SECTION 3. That this ordinance shall become effective from and after the date of its passage
as provided by the Charter of the City of Irving, and the caption hereof shall be published in the official
newspaper within the City and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on
September 1, 2011.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
46
Packet Pg. 484
-2-
Charles R. Anderson
City Attorney
46
Packet Pg. 485
AGENDA ITEM SUMMARY
Ordinance -- First Reading - Amending Chapter 52 Entitled Water and
Sewer Rates of the Code of Civil and Criminal Ordinances of the City of
Irving, Texas, Providing for New Monthly Water and Sewer Rates
2. Impact: Revenue projections under current rates are not sufficient to meet
debt coverage requirement goals. In order to provide for the operational
needs of the water and sewer system and meet commitments made to rating
agencies, staff recommends a 3% adjustment to both water and sewer
revenues.
3. The costs of water purchases and treatment from Dallas Water Utilities as well as
the cost of sewer treatment from Trinity River Authority have increased for FY2011-
12. Combined, these rate increases will add over $1.064 million to the expenditures
of the Water & Sewer System Fund.
4. The rate adjustment is projected to increase revenues by $2.28 million. This
amount will fully offset the pass-through costs of water and sewer treatment. The
remaining $1.2 million will fund additional pay-as-you-go capital improvements to
replace neighborhood water and sewer mains.
5. To further promote conservation, the water rate increase will be structured so that
the monthly service charge, which includes the first 3,000 gallons of usage, will
increase by 2%, the next 7,000 gallons of usage by 3%, the next 10,000 gallons of
usage by 3.5% and all usage over 20,000 gallons per month by 4%. Sewer
revenues will increase by a straight 3% for all base and volume rates.
6. A cost of service study is prepared annually to ensure that funding is available to
meet the cash flow needs of the Water and Sewer System Fund and associated
funds and produce the required bond coverage factor to allow for the issuance of
additional bonds and maintain current bond ratings.
Recommendation
47
Packet Pg. 486
-2-
Contract Required: N/A Review Completed By:
Previous Action: Council approved Council Action: Council approved
1
st
reading on September 1, 2011 2
nd
reading on September 22, 2011
NONE
Prepared: 8/25/2011 09:51 AM by Winnie Hunter
Last Updated: 8/26/2011 09:22 AM by Winnie Hunter
47
Packet Pg. 487
-1-
AN ORDINANCE AMENDING CHAPTER 52 ENTITLED WATER AND SEWER RATES OF
THE CODE OF CIVIL AND CRIMINAL ORDINANCES OF THE CITY OF IRVING, TEXAS,
PROVIDING FOR NEW MONTHLY WATER AND SEWER RATES; PROVIDING AN
EFFECTIVE DATE; AND PROVIDING A SEVERABILITY CLAUSE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:
of the City of Irving, Texas, is hereby amended to read as follows:
Sec. 52-1. Monthly water rates.
The following monthly rates are hereby established and shall be collected for water services
furnished through the facilities of the City of Irving:
(a) Monthly service charge.
The following monthly service charges, based on meter size, include the first 3,000 gallons of
consumption:
5/8 meter .........................................................................................................$ 9.00
3/4 meter ......................................................................................................... 9.00
1 meter............................................................................................................. 10.91
1 1/2" meter....................................................................................................... 15.30
2 meter............................................................................................................. 21.59
3 meter............................................................................................................. 34.76
4 meter............................................................................................................. 48.66
6 meter............................................................................................................. 85.10
8 meter............................................................................................................. 107.49
10 meter........................................................................................................... 156.24
12 meter........................................................................................................... 232.64
(b) Monthly usage charge.
(1) Residential water rates:
Next 7,000 gallons of water, per 1,000 gallons ...........................................$ 3.73
Next 10,000 gallons of water, per 1,000 gallons ........................................... 3.95
All over 20,000 gallons:
47
Packet Pg. 488
-2-
October-May consumption, per 1,000 gallons .............................................$ 4.13
June-September consumption, per 1,000 gallons ........................................... 4.49
(2) Apartment water rates:
(3) Commercial water rates:
(4) Large industrial water rates:
All over 3,000 gallons of water, per 1,000 gallons........................................$ 3.51
(c) Customer receiving water at one (1) location through more than one (1) meter: If the city does
not have a single meter of sufficient size to meter the water volume of an apartment,
commercial or industrial customer and more than one (1) meter must be used to meter the water
quantity, the minimum water rate will be applied to one (1) of said multiple meters only.
Any customer receiving water service at one (1) location or complex through more than one (1)
meter will receive only one (1) twenty thousand (20,000) gallon allowance during the summer
period, June through September consumption, before the conservation rate is applied.
A large industrial customer is defined as a business which uses water in the production of a
product and has an average consumption of eight (8) million gallons per month or greater. If
the customer is receiving water service at one (1) location or complex through more than one
(1) meter the total of the meters will be used for the calculation of the monthly average and the
rate will apply to all meters serving the complex.
of the City of Irving, Texas, is hereby amended to read as follows:
Sec. 52-3. Monthly sewer rates.
The following monthly rates are hereby established and shall be collected for sewerage services
furnished by the City of Irving:
47
Packet Pg. 489
-3-
(a) Residential User Charge:
1
Monthly service charge.................................................................................... $ 5.29
Over 2,000 gallons, per 1,000 gallons ............................................................. 2.90
In addition to the monthly service charge per meter, a master-metered residential service
location shall pay an amount equal to one minimum monthly service charge for sewer service
for each dwelling unit.
New Residential Customer:
The maximum bill shall not exceed $35.00 per month for single-family residential service
locations until a three-month average has been established as described in section 52-5.
(b) Commercial User Charge:
1
Monthly service charge .................................................................................. $27.45
Over 10,000 gallons, per 1,000 gallons ........................................................... 3.02
(c) Industrial User Charge:
2
Monthly service charge................................................................................... $41.19
Over 15,000 gallons, per 1,000 gallons ........................................................... 3.02
1
Sewer charges for each year shall be computed on the basis of the average monthly metered
water consumption for January, February, and March of each year as reflected in the bills
received by customers for the months of February, March, and April. Reading dates for
these periods being approximately January 16 through April 15 varying year to year as
actual water billing cycles occur.
The new consumption average shall become effective as to bills mailed after April 30 of
each year.
The chief financial officer or designee has the authority to make adjustments to customer's
water and sewer bills based upon an examination of facts.
2
Sewer user charge rates computed on the basis of monthly metered water sale.
SECTION 3. That the new rates established by this ordinance shall take effect on October 1,
2011, however, prior rates shall be effective for service to said date.
first reading on September 1, 2011.
________________________________
47
Packet Pg. 490
-4-
BETH VAN DUYNE
MAYOR
second and final reading on September 22, 2011.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
___________________________
Shanae Jennings
___________________________
Charles R. Anderson
City Attorney
47
Packet Pg. 491
AGENDA ITEM SUMMARY
Recommending Department: Planning & Inspections LSR No: N/A
Resolution -- Approving Special Sign Permit #S1105-0035 to Allow Digital
Sign Panels on Both Sides of an Existing Monument Sign Located at 3650
N. OConnor Road - Waldrum Lighting and Signs, Applicant - Woodhaven
Presbyterian Church, Owner
2. Impact: If approved, the existing on-premise sign will be upgraded to include a
digital display, and another on-premise sign will be removed.
3. The applicant is proposing to install a digital display on both sides of an existing
monument sign, and concurrently remove a separate on-premise marquee sign. As
part of the request, the applicant is requesting variances to the required separation
between a digital sign and a residential use, and to the maximum allowed height of
the sign.
4. Section 7-3.1 of the City of Irving Code of Civil and Criminal Ordinances provides
that electronic signs that do not comply with the criteria of the sign ordinance may
be installed on lawfully existing signs if a special sign permit is obtained from the
City Council.
5. The applicant requests approval to install a 28-inch by 88-inch digital display sign
on each side of an existing church monument sign that is 10 feet wide and 7 8
high. The sign ordinance provides that electronic signs shall be located 100 feet or
more from residentially zoned property, and shall be installed as a component of a
monument sign that is a maximum of 7 feet in height. While the actual area of the
digital display complies with the requirements of the sign ordinance, the existing
monument sign on which the digital panels are to be placed is 8 inches higher than
allowed by the current sign ordinance, and is 97 feet from the nearest residential
property line to the west across OConnor Road. The nearest house is 115 feet to
the west across OConnor.
6. The signs will comply with the performance standards of the sign ordinance relative
to frequency of change of messages, automatic adjustment of the intensity of the
light based on ambient conditions, minimum length of message display, etc.
7. The height, location and setback of the sign are proposed to remain unchanged
from the current configuration. To ameliorate the effects of the new digital displays,
the applicant proposes to remove an existing marquee sign approximately 75 feet
north of the sign to be modified. Staff can support this request since removal of the
second sign will improve the appearance of this portion of OConnor Road, and the
existing monument sign complements the design and architecture of the adjacent
church building.
Recommendation
48
Packet Pg. 492
ATTACHMENTS:
A: RES "Exhibit A" Proposed Sign Drawing (PDF)
B: Letter from Woodhaven Presbyterian Church (PDF)
C: Aerial Photo #1 (PDF)
D: Aerial Photo #2 (PDF)
E: Letter of Support (PDF)
F: Special Sign Permit Application (PDF)
NONE
Prepared: 8/16/2011 04:02 PM by Sharon Brown
Last Updated: 8/24/2011 05:15 PM by Steven Reed
48
Packet Pg. 493
CITY OF IRVING
WHEREAS, the owner of the premises located at 3650 N. OConnor has applied for a special
sign permit for an on-premises sign with digital images in accordance with Section 7-3.1 of Chapter 7
of the Irving Land Development Code; and
WHEREAS, the applicant has submitted performance standards and information that would
ameliorate the effects of the digital image;
IRVING, TEXAS:
SECTION I. THAT the City Council hereby approves a special sign permit as requested by
Waldrum Lighting & Signs, Applicant for Woodhaven Presbyterian Church, Owner,
for the sign to be constructed as shown on Exhibit A, attached hereto.
SECTION II. THAT use of the sign shall comply with all provisions of Section 7-3.1 of Chapter 7
of the Irving Land Development Code.
SECTION III. THAT the City Manager is authorized to take those actions reasonable and necessary
to comply with the intent of this resolution.
SECTION IV. THAT this resolution shall take effect from and after its final date of passage, and it
is accordingly so ordered.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
48
Packet Pg. 494
48.a
Packet Pg. 495
A
t
t
a
c
h
m
e
n
t
:

A
:

R
E
S

"
E
x
h
i
b
i
t

A
"

P
r
o
p
o
s
e
d

S
i
g
n

D
r
a
w
i
n
g

(
4
0
9
8

:

1
1

-

S
1
1
0
5
-
0
0
3
5
)
48.b
Packet Pg. 496
A
t
t
a
c
h
m
e
n
t
:

B
:

L
e
t
t
e
r

f
r
o
m

W
o
o
d
h
a
v
e
n

P
r
e
s
b
y
t
e
r
i
a
n

C
h
u
r
c
h

(
4
0
9
8

:

1
1

-

S
1
1
0
5
-
0
0
3
5
)
48.b
Packet Pg. 497
A
t
t
a
c
h
m
e
n
t
:

B
:

L
e
t
t
e
r

f
r
o
m

W
o
o
d
h
a
v
e
n

P
r
e
s
b
y
t
e
r
i
a
n

C
h
u
r
c
h

(
4
0
9
8

:

1
1

-

S
1
1
0
5
-
0
0
3
5
)
48.c
Packet Pg. 498
A
t
t
a
c
h
m
e
n
t
:

C
:

A
e
r
i
a
l

P
h
o
t
o

#
1

[
R
e
v
i
s
i
o
n

1
]

(
4
0
9
8

:

1
1

-

S
1
1
0
5
-
0
0
3
5
)
48.d
Packet Pg. 499
A
t
t
a
c
h
m
e
n
t
:

D
:

A
e
r
i
a
l

P
h
o
t
o

#
2

[
R
e
v
i
s
i
o
n

1
]

(
4
0
9
8

:

1
1

-

S
1
1
0
5
-
0
0
3
5
)
Page 1 of 1
Daniel W. Klein
From: Leonard Fisher
Sent: Friday, July 01, 2011 2:37 PM
To: clerk@woodhavenpres.org
Cc: steve@cravengroup.com
Subject: Your Digital Sign
Daniel,
I'm not quite sure what you need from me by way of "an official" OK - but certainly, it is fine with both
Linda and I as owners of the property at 501 Farine Drive for you to replace your eXisting signage with a
more modern and informative digital sign.
Hope this is what you need to take to the city council - if not please let me know of what service I may be.
Sincerely,
James Leonard Fisher, property owners (501 Farine Drive)
leonard@maverickrose.com
7/1/2011
48.e
Packet Pg. 500
A
t
t
a
c
h
m
e
n
t
:

E
:

L
e
t
t
e
r

o
f

S
u
p
p
o
r
t

[
R
e
v
i
s
i
o
n

1
]

(
4
0
9
8

:

1
1

-

S
1
1
0
5
-
0
0
3
5
)
48.f
Packet Pg. 501
A
t
t
a
c
h
m
e
n
t
:

F
:

S
p
e
c
i
a
l

S
i
g
n

P
e
r
m
i
t

A
p
p
l
i
c
a
t
i
o
n

(
4
0
9
8

:

1
1

-

S
1
1
0
5
-
0
0
3
5
)
48.f
Packet Pg. 502
A
t
t
a
c
h
m
e
n
t
:

F
:

S
p
e
c
i
a
l

S
i
g
n

P
e
r
m
i
t

A
p
p
l
i
c
a
t
i
o
n

(
4
0
9
8

:

1
1

-

S
1
1
0
5
-
0
0
3
5
)
AGENDA ITEM SUMMARY
Ordinance -- Zoning Case #ZC11-0032 - Granting S-P-1 (Detailed Site Plan)
for C-N (Neighborhood Commercial) and Outside Dining Uses -
Approximately 1.0 Acre Located at 10025 North MacArthur Boulevard -
Pete Rahimi, Applicant - Ali Hemani Corporation, Owner(Postponed at the
August 4, 2011 City Council Meeting)
2. Planning and Zoning Commission Hearing Date and Recommendation: August 1,
2011 - Postpone to August 15, 2011 7-0 (Commissioner Tannehill absent). August
15, 2011 Favorable 4-3 (Commissioners Gregory, Tannehill, and Zapanta, nay;
Commisioner LaRose absent) with the stipulation that a decorative fence or other
protective barrier be installed around the outside seating area.
3. The applicant is requesting a zoning change to allow outside dining with a
restaurant use.
5. The property is developed with a gas station and retail store. The site is zoned S-P-
1 (Detailed Site Plan) for C-N (Neighborhood Commercial) uses to allow an
attached carwash use in the adjoining space. The applicant is currently remodeling
the carwash area into a restaurant as an allowed retail use. The applicant proposes
to provide outdoor seats for customers on a new paved area on the south side of
the restaurant, for a total of 14 seats. A storefront glass window and door will be
installed in the carwash front, and the rear exit will be walled in. There is sufficient
parking for the use, and the applicant is not proposing a walk-up window.
6. The Valley Ranch Association has approved the restaurant and outside dining uses.
7. The stipulation of the Planning and Zoning Commission has been met. The
applicant is proposing to screen the area with flower planters.
8. Public notices were mailed to eight (8) adjacent property owners, with no letters in
support or opposition received.
Recommendation
The ordinance be adopted, subject to the applicant placing flower planters around the
49
Packet Pg. 503
-2-
ATTACHMENTS:
A: City Council Memo (PDF)
C: Vicinity Map (PDF)
D: Surrounding Zoning Map (PDF)
E: Property Owner Notification Map and List(PDF)
F: Site Plan (PDF)
G: August 1, 2011 Planning and Zonig Minutes (PDF)
B: August 15, 2011 Planning and Zoning Meeting Minutes (PDF)
NONE
Last Updated: 8/24/2011 10:42 AM by Sharon Brown
49
Packet Pg. 504
-1-
ORDINANCE NO. ORD-2011-9276
ZONING CASE NO. ZC11-0032
ZONING CLASSIFICATION S-P-1
AN ORDINANCE AMENDING ORDINANCE NO. 1144, THE 1964 COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF IRVING, TEXAS, GRANTING A ZONING CHANGE ON A
TRACT OF LAND DESCRIBED AS: A TRACT OF LAND OUT OF CROSSROADS CENTER
AND LOCATED AT 10025 NORTH MacARTHUR BOULEVARD, MORE FULLY AND
COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN
THE USE OF SAID PROPERTY FROM S-P-1 SITE PLAN DISTRICT USE FOR C-N AND
CARWASH USES UNDER ORDINANCE NO. 1144, AS AMENDED TO S-P-1 SITE PLAN
DISTRICT FOR C-N AND OUTSIDE DINING USES UNDER ORDINANCE NO. 1144, AND
ACCORDING TO THE SITE PLAN ATTACHED HERETO AND MADE A PART HEREOF;
PROVIDING FOR SPECIAL CONDITIONS AND REGULATIONS RELATIVE TO LAND USE;
CORRECTING THE OFFICIAL ZONING MAP ATTACHED TO ORDINANCE NO. 1144;
PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT
THE CHANGE IS IN ACCORDANCE WITH A COMPREHENSIVE PLAN FOR THE PURPOSE
OF PROMOTING THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE; PROVIDING
THAT THIS ORDINANCE DOES NOT REPEAL OTHER PROVISIONS OF THE ZONING
ORDINANCE EXCEPT IN CASES OF DIRECT CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING A PENALTY.
WHEREAS, applications were made to amend the 1964 Official Zoning Map, City of Irving,
Texas, attached to the 1964 Comprehensive Zoning Ordinance of the City of Irving, Texas, passed on
November 5, 1964, by making applications for same with the Planning and Zoning Commission of the
City of Irving, Texas, as required by State Statutes and the Zoning Ordinance of the City of Irving,
Texas, and all the legal requirements, conditions and prerequisites having been complied with, the cases
having come before the City Council of the City of Irving, Texas, after all legal notices, requirements,
conditions and prerequisites having been complied with; and
WHEREAS, the City Council of the City of Irving, Texas, at a public hearing called at a regular
session of the City Council did consider the following factors in making a determination as to whether
these requested changes should be granted or denied; safety of the motoring public and the pedestrians
using the facilities in the area immediately surrounding the sites; safety from fire hazards and measures
for fire control; protection of adjacent property from flood or water damages; noise producing elements
and glare of the vehicular and stationary lights and effect of such lights on established character of the
neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent
property; street size and adequacy of width for traffic reasonably expected to be generated by the
proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by
requirements of this ordinance for off-street parking facilities; location of ingress and egress points for
parking and off-street loading spaces; protection of public health by surfacing on all parking areas to
control dust; the effect on the promotion of health and the general welfare; effect on light and air; the
effect on the overcrowding of the land; the effect on the concentration of population; the effect on the
transportation, water, sewers, schools, drainage and surface water, parks and other public facilities; and
49
Packet Pg. 505
-2-
WHEREAS, the City Council of the City of Irving, Texas, further considered among other
things the character of the district and its peculiar suitability for particular uses and with a view to
conserve the value of buildings and encourage the most appropriate use of land throughout the City;
and
WHEREAS, the City Council of the City of Irving, Texas, does find that there is a public
necessity for the zoning change, that the public demands it, that the public interest clearly requires the
amendment, that the zoning change does not unreasonably invade the rights of those who bought or
improved property with reference to the classification which existed at the time their original
investment was made; and
WHEREAS, the City Council of the City of Irving, Texas, does find that the change in zoning
helps lessen the congestion in the streets; helps secure safety from fire, panics, floods, and other
dangers; promotes health and the general welfare; provides adequate light and air; prevents the
overcrowding of land; avoids undue concentration of population; facilitates the adequate provisions of
transportation, water, sewers, schools, drainage and surface water, parks and other public requirements;
and
WHEREAS, the City Council of the City of Irving, Texas, does find that there is a need for this
change in zoning and that there has been a change in conditions in the property adjacent to and in the
surrounding area of the subject tract, therefore allowing and requiring this zoning change; and
WHEREAS, the City Council of the City of Irving, Texas, does find that this change in zoning
under a site plan district for use as C-N and outside dining uses with a site plan attached will further
lessen the congestion in the streets; help secure safety from fire, panics, floods, and other dangers;
promote health and general welfare; provide adequate light and air; prevent the overcrowding of land;
avoid undue concentration of population; facilitate the adequate provisions of transportation, water,
sewers, schools, drainage and surface water, parks and other public requirements;
IRVING, TEXAS:
SECTION 1. That City of Irving Ordinance No. 1144 being the 1964 Comprehensive Zoning
Ordinance of the City of Irving, Texas, passed on November 5, 1964, be, and the same is amended and
changed in that the use of the following described property, to-wit:
Lot 8, Block A, Crossroads Center
which is presently zoned S-P-1 Site Plan District Use for C-N and carwash uses under Ordinance No.
1144, is changed to S-P-1 Site Plan District Use for C-N and outside dining uses under Ordinance No.
1144, subject to all the requirements of Ordinance No. 1144 and subject to all the requirements and
conditions of Section 1-A of this ordinance.
SECTION 1-A. That the district use on the property described in Section 1 is hereby approved
and granted upon the following express conditions:
(1) That development and use shall be in conformance with the site plan attached hereto and
made a part hereof for all purposes.
49
Packet Pg. 506
-3-
(2) A true copy of the site plan attached hereto shall be retained by the Department of
Planning and Inspections of the City of Irving.
(3) That all means of ingress and egress shall be approved by the Department of Public Works
of the City of Irving.
(4) That all paved areas, permanent drives, streets, and drainage structures, if any, shall be
constructed in accordance with the standard City of Irving specifications adopted for such purpose, and
the same shall be done to the satisfaction of the Department of Public Works of the City of Irving.
(5) That outside dining shall be an allowed use with C-N zoning.
(6) That the outside dining area be screened by flower planters.
The above requirements shall not be construed as conditions precedent to the granting of a
zoning change, but shall be construed as conditions precedent to the granting of a building permit
and/or certificate of occupancy.
SECTION 2. The City Planner is hereby directed to correct the Official Zoning Maps of the
City of Irving, Texas, attached to Ordinance No. 1144.
SECTION 3. That in all other respects the use of the tract or tracts of land hereinabove
described shall be subject to all the applicable regulations contained in said City of Irving Zoning
Ordinance and all other applicable and pertinent ordinances of the City of Irving.
SECTION 4. That the zoning regulations and districts as herein established have been made
in accordance with the comprehensive plan for the purpose of promoting health, safety, morals and the
general welfare of the community. They have been designed, with respect to both present conditions
and the conditions reasonably anticipated to exist in the foreseeable future, to lessen congestion in the
streets; to secure safety from fire, panic, flood, and other dangers; to promote health and the general
welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue
concentration of population; to facilitate the adequate provision of transportation, water, sewers,
schools, drainage and surface water, parks and other public requirements, and to make adequate
provisions for the normal business, commercial needs and development of the community. They have
been made with reasonable consideration, among other things, for the character of the district, and its
peculiar suitability for the particular uses and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the community.
SECTION 5. This ordinance shall be cumulative of all other ordinances of the City of Irving
affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances
where provisions of those ordinances which are in direct conflict with the provisions of this ordinance.
and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein
shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the
tract or tracts of land described herein.
SECTION 7. That any person, firm or corporation violating any of the terms and provisions
of this ordinance shall be subject to the same penalties provided for in Ordinance No. 1144, Zoning
Ordinance of the City of Irving, Texas.
49
Packet Pg. 507
-4-
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
49
Packet Pg. 508
City Council Agenda Item Summary

Department of Planning and Inspections Page 1 of 2

Zoning Case #ZC11-0032
10025 N. MacArthur Blvd.
Agenda Date: September 1, 2011
Case Manager: Stacy Day
Owner: Abbas Al Hemani
Applicant: Pete Rahimi
Location: 10025 N. MacArthur Blvd.
Size: 1.0 acres
Existing Zoning: S-P-1 (Detailed Site Plan) for C-N (Neighborhood Commercial) and
Carwash Uses
Requested Zoning: S-P-1 (Detailed Site Plan) for C-N (Neighborhood Commercial) and
Outside Dining Uses
Notices mailed: 8
Responses in favor: 0 Responses opposed: 0

Case Summary
The applicant is requesting a zoning change to allow outside dining with a restaurant
use.
Staff Analysis
The 2008 Comprehensive Plan Future Land Use Map recommends Retail uses for
this property. This request is in conformance with the Comprehensive Plan.

The property is developed with a gas station and retail store. The site was zoned to
an S-P-1 for C-N (Neighborhood Commercial) uses to allow a carwash use in the
adjoining space. The applicant is currently remodeling the carwash area into a
restaurant as an allowed retail use. The applicant proposes to provide outdoor seats
for customers on a new paved area on the south side of the restaurant, for a total of
14 seats. A storefront glass window and door will be installed in the carwash front,
and the rear exit will be walled in. There is sufficient parking for the use, and the
applicant is not proposing a walk-up window.

The Valley Ranch Association has approved the restaurant and outside dining uses.

49.a
Packet Pg. 509
A
t
t
a
c
h
m
e
n
t
:

A
:

C
i
t
y

C
o
u
n
c
i
l

M
e
m
o

(
O
R
D
-
2
0
1
1
-
9
2
7
6

:

1
1

-

Z
C
1
1
-
0
0
3
2
)
Zoning Case ZC11-0032, cont.

Department of Planning and Inspections Page 2 of 2
Staff Recommendation:
Approval, subject to the site plan being revised to show flower planters around the

Planning and Zoning Commission Recommendation:
On August 15, 2011 the Planning and Zoning Commission recommended this case be
approved subject to the applicant providing a decorative fence around the outside
seating area by a vote of 4-3 (Commissioners Gregory, Tannehill, and Zapanta voting
nay; Commissioners LaRose and Webb, absent). The stipulation of the Planning and
Zoning Commission has been met. The applicant is proposing to screen the area with
flower planters

49.a
Packet Pg. 510
A
t
t
a
c
h
m
e
n
t
:

A
:

C
i
t
y

C
o
u
n
c
i
l

M
e
m
o

(
O
R
D
-
2
0
1
1
-
9
2
7
6

:

1
1

-

Z
C
1
1
-
0
0
3
2
)
49.b
Packet Pg. 511
A
t
t
a
c
h
m
e
n
t
:

C
:

V
i
c
i
n
i
t
y

M
a
p

(
O
R
D
-
2
0
1
1
-
9
2
7
6

:

1
1

-

Z
C
1
1
-
0
0
3
2
)
ML-20A
2844 m
.....I""'_l.---l._""_""""""ijI .... .l.-_-...,
o
7J
SP2
AVENUE OF CHAMPIONS
3567
r1
SP1(R-AB)
4640
R-MF-2
2844

ll.
(j)
>
o

o
u

3185
S-P-2
3520
l
47
1
5
SP-1 (R-AB)
4797
S-P-2
4169
SP2
R-40 4904
S-P-2
Cl
2l 2687
OJ
e::
::>
J:
l
e::

u S-P-2
::;: 3566
Surrounding Zoning Map
City of Irving

Zoning Case N
No. lC11-0032
I Feet
Date: Jul, 11,2011 0 100 200
49.c
Packet Pg. 512
A
t
t
a
c
h
m
e
n
t
:

D
:

S
u
r
r
o
u
n
d
i
n
g

Z
o
n
i
n
g

M
a
p

(
O
R
D
-
2
0
1
1
-
9
2
7
6

:

1
1

-

Z
C
1
1
-
0
0
3
2
)
49.d
Packet Pg. 513
A
t
t
a
c
h
m
e
n
t
:

E
:

P
r
o
p
e
r
t
y

O
w
n
e
r

N
o
t
i
f
i
c
a
t
i
o
n

M
a
p

a
n
d

L
i
s
t

(
O
R
D
-
2
0
1
1
-
9
2
7
6

:

1
1

-

Z
C
1
1
-
0
0
3
2
)
49.d
Packet Pg. 514
A
t
t
a
c
h
m
e
n
t
:

E
:

P
r
o
p
e
r
t
y

O
w
n
e
r

N
o
t
i
f
i
c
a
t
i
o
n

M
a
p

a
n
d

L
i
s
t

(
O
R
D
-
2
0
1
1
-
9
2
7
6

:

1
1

-

Z
C
1
1
-
0
0
3
2
)
49.e
Packet Pg. 515
A
t
t
a
c
h
m
e
n
t
:

F
:

S
i
t
e

P
l
a
n

[
R
e
v
i
s
i
o
n

1
]

(
O
R
D
-
2
0
1
1
-
9
2
7
6

:

1
1

-

Z
C
1
1
-
0
0
3
2
)
Planning and Zoning Commission Minutes August 1, 2011 Page 4
ZONING CASE #ZC11-0032, PETE RAHIMI, APPLICANT, REQUESTS A ZONING CHANGE FROM S-P-1 (DETAILED
SITE PLAN) FOR C-N (NEIGHBORHOOD COMMERCIAL) AND CARWASH USES TO S-P-1 (DETAILED SITE PLAN)
FOR C-N (NEIGHBORHOOD COMMERCIAL) AND OUTSIDE DINING USES. THIS PROPERTY IS LOCATED AT 10025 N.
MACARTHUR BLVD.
THIS CASE IS SCHEDULED FOR THE THURSDAY, AUGUST 4, 2011 CITY COUNCIL PUBLIC HEARING.

Chairman Zapanta read the item into the record, stating that this item will be postponed to the August 15,
2011 meeting per staff recommendation due to signs not being posted on time.

Chairman Zapanta called for individuals wishing to speak in favor of this item. He then called for
individuals wishing to speak in opposition. There was no one to speak in favor or opposition to this item.

Discussion was closed to the floor and returned to the Commission for their consideration and a motion.

Vice-Chairman Randall moved to postpone item #ZC11-0032 to the August 15, 2011 meeting.
Commissioner Palmer seconded the motion.

Chairman Zapanta recognized the motion on the floor. There was no discussion of the motion. The
motion carried unanimously.

Ayes: Al Zapanta, Michael Randall, Robert LaRose, Douglas Gregory, John Fischer, Chris Allen,
David Palmer

Absent: Tom Tannehill

Discussion time: 3 minutes

49.f
Packet Pg. 516
A
t
t
a
c
h
m
e
n
t
:

G
:

A
u
g
u
s
t

1
,

2
0
1
1

P
l
a
n
n
i
n
g

a
n
d

Z
o
n
i
g

M
i
n
u
t
e
s

(
O
R
D
-
2
0
1
1
-
9
2
7
6

:

1
1

-

Z
C
1
1
-
0
0
3
2
)
ZONING CASE #ZC11-0032, PETE RAHIMI, APPLICANT, REQUESTS A ZONING CHANGE FROM S-P-1 (DETAILED
SITE PLAN) FOR C-N (NEIGHBORHOOD COMMERCIAL) AND CARWASH USES TO S-P-1 (DETAILED SITE PLAN)
FOR C-N (NEIGHBORHOOD COMMERCIAL) AND OUTSIDE DINING USES. THIS PROPERTY IS LOCATED AT 10025 N.
MACARTHUR BLVD. THIS ITEM WAS POSTPONED FROM THE AUGUST 1, 2011.
THIS CASE IS SCHEDULED FOR THE THURSDAY, SEPTEMBER 1, 2011 CITY COUNCIL PUBLIC HEARING.

Chairman Zapanta called for the applicant.

Pete Rahimi, applicant, gave an overview of the proposed request.

Chairman Zapanta called for individuals wishing to speak in favor of this item. He then called for
individuals wishing to speak in opposition. There was no one to speak in favor or opposition to this item.

Discussion was closed to the floor and returned to the Commission for their consideration and a motion.

Commissioner Fischer asked staff what was the distance between the wall of the building and the
roadway? He also asked if there will be a wrought-iron fence around the outside dining to keep cars from
backing into the people that will be seated outside and, can the Commission approve the item with a
condition that the applicant fixes the pothole located on the southwest corner of the property?. Steve
Reed, Planning Manager responded in a consecutive order; he stated that the distance seems to be
about 8 feet between the wall and the road. He stated that the Site Plan is not proposing any wrought-iron
fencing around the outside dining area but the Commission could stipulate it as a condition of approval if
they so wish. In regards of the pot hole, he stated that it is a normal requirement for a property owner to
maintain parking so it is okay if they want to include the note as a stipulation but not necessary as the City
will follow up on it by sending a Code Enforcement Officer out there.

Chairman Zapanta asked Mr. Rahimi if he understood the concern about the pot hole as it will be a
hazard for the customers. Mr. Rahimi responded that he understood and said he will ask the owner to fix
the pot hole as he is aware that he was in the process of getting some bids to fix the rest of the pot holes
around the property.

Commissioner Fischer asked Mr. Rahimi if he understood that the item will be approved under the
condition to have the pot hole fixed where its in a safe condition for traffic. Mr. Rahimi answered that he
understood, but he wasnt clear on the stipulation as far as being his responsibility to fix the pot hole when
he is only leasing a suite, he added that the owner should be the one responsible to fix it.

Commissioner Palmer stated that he will not be supportive of putting a condition on this item requiring the
applicant to fix something that he has no control over. He added that the City should take whatever action
is necessary in order for the property owner to fix the pot hole as it is his responsibility. He then asked Mr.
Rahimi if he was planning on putting up a fence around the outside dining. Mr. Rahimi responded that
since he didnt propose any fencing, he will not be putting one up unless is required. Commissioner
Palmer, then asked if he has considered putting up a fence? Mr. Rahimi answered negatively.

Commissioner Randall agreed with Commissioner Fischers comment about having a fence around the
outside dining area for safety purposes. He stated that he would like to add a stipulation to add a
decorative fence around. Mr. Rahimi responded that he will have to bring this request before the Valley
Ranch Association for approval; he then asked if he could be able to do something with the property in
the meantime as it will take about 2 months before he gets an answer from the Association.

Chairman Zapanta added that rather than a fence, it could be possible to have a planter box, or flower
bed as a barrier just to keep people safe around that area. He then asked Mr. Rahimi if he had
considered those options. Mr. Rahimi responded that he didnt consider the fence but had thought about
planters around the edge of the dining area.

Vice-Chairman Randall asked staff if the Commission could make a continuance to this item based upon
the applicant getting approval from the Valley Ranch Association. Mr. Reed responded that the
49.g
Packet Pg. 517
A
t
t
a
c
h
m
e
n
t
:

B
:

A
u
g
u
s
t

1
5
,

2
0
1
1

P
l
a
n
n
i
n
g

a
n
d

Z
o
n
i
n
g

M
e
e
t
i
n
g

M
i
n
u
t
e
s

(
O
R
D
-
2
0
1
1
-
9
2
7
6

:

1
1

-

Z
C
1
1
-
0
0
3
2
)
Commission cannot delegate their authority to an outside entity, adding that the suggestion made by
Chairman Zapanta earlier to add planters to create a barrier, will be cheaper for the applicant and
probably will not require the Associations approval.

Commissioner Fischer stated that thru this variance and the contractual relationship between the tenant
ant the property owner; this is a good opportunity for the Commission to have this property owner fix the
pot hole that has been there for years, therefore, he doesnt think there is anything inappropriate on his
view on wanting to take this opportunity. He also stated that it should not be the business of the
Commission to be concern about the landlords relationship with the tenant as its irrelevant to the
Commissions consideration. He stated that this is a good project and it will be successful. He then
added that the outdoor seating without a barrier is a safety issue. He asked staff if there is a rule about
allowing seating on a curb of a right-of-way. Mr. Reed responded that the area of the request is not a
right-of-way just a private driveway on the property itself. He stated that the Zoning Ordinance prohibits
outside dining without a zoning case.

Mr. Rahimi stated that he could consider putting up the fence but as far as fixing the hole; the owner of
the property might ask him to fix it himself so he wanted to know what his options were.

Commissioner Gregory stated that he does not agree for the Commission asking the tenant to fix the hole
on the property as it is the owners responsibility and staff had stated previously that the Code
Enforcement Division will take care of it.

Commissioner Fischer stated that there should be more remedies for this property owner to fix the pot
hole and so that the vote is open to other conditions.

Commissioner Palmer stated that this applicants only variance is to add outdoor seating and the
Commission is asking him to fix the pot hole where he has no legal responsibility. He supports a
recommendation to put up a fence around the seating area or to add the stipulation that the tenant places
the fence within a 3-month period.

Chairman Zapanta asked staff if the tenant would have to get the association approval if he wants to put
up flower pots versus a fence.

Mr. Reed answered that he cant speak for the Association but he believes that if the tenant is placing
flower pots, he wont have to request approval because is not a permanent fixture, but the fence will be
permanent, but added that the association will have its own jurisdiction. He then clarified that if a
stipulation is made by the Commission, the applicant wont be able to put any outdoor seating until the
association approves his plan as the staff doesnt have control of their timing and meeting dates. He
stated that from staff standpoint, they are comfortable with placing a fence and/or flower pots to recognize
the potential danger.

Chairman Zapanta asked Mr. Rahimi if he had dealt with the Valley Ranch Association before. Mr.
Rahimi responded positively, he stated that he had to go thru them for the outside dining approval, adding
that he had showed them the planters and he was told they are satisfactory per their regulations as long
as he applies for a permit for seasonal planting.

Vice-Chairman Randall asked the applicant if the Association suggested to him to put up a fence. Mr.
Rahimi answered negatively.

Commissioner Allen stated his agreement with Commissioner Gregorys comment.

49.g
Packet Pg. 518
A
t
t
a
c
h
m
e
n
t
:

B
:

A
u
g
u
s
t

1
5
,

2
0
1
1

P
l
a
n
n
i
n
g

a
n
d

Z
o
n
i
n
g

M
e
e
t
i
n
g

M
i
n
u
t
e
s

(
O
R
D
-
2
0
1
1
-
9
2
7
6

:

1
1

-

Z
C
1
1
-
0
0
3
2
)

Commissioner Fischer moved to forward item #ZC11-0032 to the City Council with a favorable
recommendation subject to the applicant providing a protective barrier approved by the Valley Ranch
Association around the outdoor seating area. Commissioner Palmer seconded the motion.

Chairman Zapanta recognized the motion on the floor. There was no discussion of the motion. The
motion carried 4-3.

Ayes: Michael Randall, John Fischer, Chris Allen, David Palmer

Nay: Al Zapanta, Douglas Gregory, Tom Tannehill

Absent: Robert LaRose

Discussion time: 27 minutes

49.g
Packet Pg. 519
A
t
t
a
c
h
m
e
n
t
:

B
:

A
u
g
u
s
t

1
5
,

2
0
1
1

P
l
a
n
n
i
n
g

a
n
d

Z
o
n
i
n
g

M
e
e
t
i
n
g

M
i
n
u
t
e
s

(
O
R
D
-
2
0
1
1
-
9
2
7
6

:

1
1

-

Z
C
1
1
-
0
0
3
2
)
AGENDA ITEM SUMMARY
Ordinance -- Zoning Case #ZC11-0037 - Granting S-P-2 (Generalized Site
Plan) for C-N (Neighborhood Commercial) and Parking Lot Uses -
Approximately 2.74 Acres Located at 9905 West Valley Ranch Parkway -
HSS Systems, LLC, Applicant - PM Realty Group, Owner
2. Planning and Zoning Commission Hearing Date and Recommendation:
August 15, 2011 Favorable 6-1 (Commissioner Randall, nay; Commissioner
LaRose, absent).
3. The applicant is requesting to rezone the property to add a parking lot as a
permitted use.
5. The property is currently undeveloped. The applicant is wishing to develop the
property with a parking lot to serve a medical billing service office at 10030 N.
MacArthur Blvd.
6. The applicant has an existing office building east of this property across N.
MacArthur Blvd. which has a need for additional employee parking. The applicant
is wishing to develop this site with parking to address the need for the additional
parking while retaining the ability to develop the property in the future with
neighborhood commercial uses.
7. The applicant is proposing a 154 space parking lot to be encompassed by a 6-foot
decorative metal fence with brick columns along the Valley Ranch Parkway West
frontage, a 4-foot decorative metal fence on the north and east side, and a 6-foot
cedar fence on the west side of the parking lot. An arm gate for vehicle passage
and a 5-foot pedestrian opening to Valley Ranch Parkway West will be the only way
to access the parking lot. The applicant will be providing five (5) trees with shrubs
along Valley Ranch Parkway West, and additional shrubs, grass/cedar mulch and
16 trees throughout the parking lot with a note on the site plan that all landscaping
will be irrigated by an automatic sprinkler system.
8. The applicant, to address staff concerns about the pedestrian traffic from the
parking lot to the office building, has noted on the site plan that signs will be posted
to direct pedestrians to only cross at the intersection.
9. The applicant is scheduled to present this request to the Valley Ranch Association
on August 25
th
. Staff will inform the City Council of the decision by the Valley
Ranch Association during the August 31
st
work session.
10. Public notices were sent to thirteen (13) property owners, with no letters in support
and one (1) letter in opposition received. The opposition represents 2.5% of the
50
Packet Pg. 520
-2-
property within 200 feet.
Recommendation
The ordinance be adopted per the recommendation of the Planning and Zoning
Commission.
ATTACHMENTS:
A: City Council Memo (PDF)
C: Vicinity Map (PDF)
D: Surrounding Zoning Map (PDF)
E: Property Owner Notification Map and List(PDF)
F: Site Plan (PDF)
G: Landscape Plan (PDF)
H: Public Comment Form in Opposition (PDF)
B: August 15, 2011 Planning and Zoning Meeting Minutes (PDF)
I: Protest Analysis Map (PDF)
NONE
50
Packet Pg. 521
-1-
ZONING CASE NO. ZC11-0037
ZONING CLASSIFICATION S-P-2
AN ORDINANCE AMENDING ORDINANCE NO. 1144, THE 1964 COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF IRVING, TEXAS, GRANTING A ZONING CHANGE ON A
TRACT OF LAND DESCRIBED AS: A TRACT OF LAND OUT OF THE CROSSROADS
CENTER ADDITION AND LOCATED AT 9905 WEST VALLEY RANCH PARKWAY, MORE
FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING
A CHANGE IN THE USE OF SAID PROPERTY FROM S-P-2 SITE PLAN DISTRICT USE FOR
C-N USES UNDER ORDINANCE NO. 1144, AS AMENDED TO S-P-2 SITE PLAN DISTRICT
FOR C-N AND PARKING LOT USES UNDER ORDINANCE NO. 1144, AND ACCORDING TO
THE SITE PLAN ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING FOR
SPECIAL CONDITIONS AND REGULATIONS RELATIVE TO LAND USE; CORRECTING THE
OFFICIAL ZONING MAP ATTACHED TO ORDINANCE NO. 1144; PRESERVING ALL OTHER
PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE CHANGE IS IN
ACCORDANCE WITH A COMPREHENSIVE PLAN FOR THE PURPOSE OF PROMOTING THE
PUBLIC INTEREST, MORALS AND GENERAL WELFARE; PROVIDING THAT THIS
ORDINANCE DOES NOT REPEAL OTHER PROVISIONS OF THE ZONING ORDINANCE
EXCEPT IN CASES OF DIRECT CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING A PENALTY.
WHEREAS, applications were made to amend the 1964 Official Zoning Map, City of Irving,
Texas, attached to the 1964 Comprehensive Zoning Ordinance of the City of Irving, Texas, passed on
November 5, 1964, by making applications for same with the Planning and Zoning Commission of the
City of Irving, Texas, as required by State Statutes and the Zoning Ordinance of the City of Irving,
Texas, and all the legal requirements, conditions and prerequisites having been complied with, the cases
having come before the City Council of the City of Irving, Texas, after all legal notices, requirements,
conditions and prerequisites having been complied with; and
WHEREAS, the City Council of the City of Irving, Texas, at a public hearing called at a regular
session of the City Council did consider the following factors in making a determination as to whether
these requested changes should be granted or denied; safety of the motoring public and the pedestrians
using the facilities in the area immediately surrounding the sites; safety from fire hazards and measures
for fire control; protection of adjacent property from flood or water damages; noise producing elements
and glare of the vehicular and stationary lights and effect of such lights on established character of the
neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent
property; street size and adequacy of width for traffic reasonably expected to be generated by the
proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by
requirements of this ordinance for off-street parking facilities; location of ingress and egress points for
parking and off-street loading spaces; protection of public health by surfacing on all parking areas to
control dust; the effect on the promotion of health and the general welfare; effect on light and air; the
effect on the overcrowding of the land; the effect on the concentration of population; the effect on the
transportation, water, sewers, schools, drainage and surface water, parks and other public facilities; and
50
Packet Pg. 522
-2-
WHEREAS, the City Council of the City of Irving, Texas, further considered among other
things the character of the district and its peculiar suitability for particular uses and with a view to
conserve the value of buildings and encourage the most appropriate use of land throughout the City;
and
WHEREAS, the City Council of the City of Irving, Texas, does find that there is a public
necessity for the zoning change, that the public demands it, that the public interest clearly requires the
amendment, that the zoning change does not unreasonably invade the rights of those who bought or
improved property with reference to the classification which existed at the time their original
investment was made; and
WHEREAS, the City Council of the City of Irving, Texas, does find that the change in zoning
helps lessen the congestion in the streets; helps secure safety from fire, panics, floods, and other
dangers; promotes health and the general welfare; provides adequate light and air; prevents the
overcrowding of land; avoids undue concentration of population; facilitates the adequate provisions of
transportation, water, sewers, schools, drainage and surface water, parks and other public requirements;
and
WHEREAS, the City Council of the City of Irving, Texas, does find that there is a need for this
change in zoning and that there has been a change in conditions in the property adjacent to and in the
surrounding area of the subject tract, therefore allowing and requiring this zoning change; and
WHEREAS, the City Council of the City of Irving, Texas, does find that this change in zoning
under a site plan district for use as C-N and parking lot uses with a site plan attached will further lessen
the congestion in the streets; help secure safety from fire, panics, floods, and other dangers; promote
health and general welfare; provide adequate light and air; prevent the overcrowding of land; avoid
undue concentration of population; facilitate the adequate provisions of transportation, water, sewers,
schools, drainage and surface water, parks and other public requirements;
IRVING, TEXAS:
SECTION 1. That City of Irving Ordinance No. 1144 being the 1964 Comprehensive Zoning
Ordinance of the City of Irving, Texas, passed on November 5, 1964, be, and the same is amended and
changed in that the use of the following described property, to-wit:
Lots 3 and 4, Block A, Crossroads Center Addition
which is presently zoned S-P-2 Site Plan District Use for C-N uses under Ordinance No. 1144, is
changed to S-P-2 Site Plan District Use for C-N and parking lot uses under Ordinance No. 1144,
subject to all the requirements of Ordinance No. 1144 and subject to all the requirements and conditions
of Section 1-A of this ordinance.
SECTION 1-A. That the district use on the property described in Section 1 is hereby approved
and granted upon the following express conditions:
(1) That development and use shall be in conformance with the site plan attached hereto and
made a part hereof for all purposes.
50
Packet Pg. 523
-3-
(2) A true copy of the site plan attached hereto shall be retained by the Department of
Planning and Inspections of the City of Irving.
(3) That all means of ingress and egress shall be approved by the Department of Public Works
of the City of Irving.
(4) That all paved areas, permanent drives, streets, and drainage structures, if any, shall be
constructed in accordance with the standard City of Irving specifications adopted for such purpose, and
the same shall be done to the satisfaction of the Department of Public Works of the City of Irving.
The above requirements shall not be construed as conditions precedent to the granting of a
zoning change, but shall be construed as conditions precedent to the granting of a building permit
and/or certificate of occupancy.
SECTION 2. The City Planner is hereby directed to correct the Official Zoning Maps of the
City of Irving, Texas, attached to Ordinance No. 1144.
SECTION 3. That in all other respects the use of the tract or tracts of land hereinabove
described shall be subject to all the applicable regulations contained in said City of Irving Zoning
Ordinance and all other applicable and pertinent ordinances of the City of Irving.
SECTION 4. That the zoning regulations and districts as herein established have been made
in accordance with the comprehensive plan for the purpose of promoting health, safety, morals and the
general welfare of the community. They have been designed, with respect to both present conditions
and the conditions reasonably anticipated to exist in the foreseeable future, to lessen congestion in the
streets; to secure safety from fire, panic, flood, and other dangers; to promote health and the general
welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue
concentration of population; to facilitate the adequate provision of transportation, water, sewers,
schools, drainage and surface water, parks and other public requirements, and to make adequate
provisions for the normal business, commercial needs and development of the community. They have
been made with reasonable consideration, among other things, for the character of the district, and its
peculiar suitability for the particular uses and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the community.
SECTION 5. This ordinance shall be cumulative of all other ordinances of the City of Irving
affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances
where provisions of those ordinances which are in direct conflict with the provisions of this ordinance.
and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein
shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the
tract or tracts of land described herein.
SECTION 7. That any person, firm or corporation violating any of the terms and provisions
of this ordinance shall be subject to the same penalties provided for in Ordinance No. 1144, Zoning
Ordinance of the City of Irving, Texas.
50
Packet Pg. 524
-4-
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
50
Packet Pg. 525
50.a
Packet Pg. 526
A
t
t
a
c
h
m
e
n
t
:

A
:

C
i
t
y

C
o
u
n
c
i
l

M
e
m
o

[
R
e
v
i
s
i
o
n

1
]

(
4
0
9
5

:

1
1

-

Z
C
1
1
-
0
0
3
7
)
50.a
Packet Pg. 527
A
t
t
a
c
h
m
e
n
t
:

A
:

C
i
t
y

C
o
u
n
c
i
l

M
e
m
o

[
R
e
v
i
s
i
o
n

1
]

(
4
0
9
5

:

1
1

-

Z
C
1
1
-
0
0
3
7
)
50.b
Packet Pg. 528
A
t
t
a
c
h
m
e
n
t
:

C
:

V
i
c
i
n
i
t
y

M
a
p

(
4
0
9
5

:

1
1

-

Z
C
1
1
-
0
0
3
7
)
50.c
Packet Pg. 529
A
t
t
a
c
h
m
e
n
t
:

D
:

S
u
r
r
o
u
n
d
i
n
g

Z
o
n
i
n
g

M
a
p

[
R
e
v
i
s
i
o
n

1
]

(
4
0
9
5

:

1
1

-

Z
C
1
1
-
0
0
3
7
)
50.d
Packet Pg. 530
A
t
t
a
c
h
m
e
n
t
:

E
:

P
r
o
p
e
r
t
y

O
w
n
e
r

N
o
t
i
f
i
c
a
t
i
o
n

M
a
p

a
n
d

L
i
s
t

[
R
e
v
i
s
i
o
n

1
]

(
4
0
9
5

:

1
1

-

Z
C
1
1
-
0
0
3
7
)
50.d
Packet Pg. 531
A
t
t
a
c
h
m
e
n
t
:

E
:

P
r
o
p
e
r
t
y

O
w
n
e
r

N
o
t
i
f
i
c
a
t
i
o
n

M
a
p

a
n
d

L
i
s
t

[
R
e
v
i
s
i
o
n

1
]

(
4
0
9
5

:

1
1

-

Z
C
1
1
-
0
0
3
7
)
50.e
Packet Pg. 532
A
t
t
a
c
h
m
e
n
t
:

F
:

S
i
t
e

P
l
a
n

[
R
e
v
i
s
i
o
n

1
]

(
4
0
9
5

:

1
1

-

Z
C
1
1
-
0
0
3
7
)
50.f
Packet Pg. 533
A
t
t
a
c
h
m
e
n
t
:

G
:

L
a
n
d
s
c
a
p
e

P
l
a
n

[
R
e
v
i
s
i
o
n

1
]

(
4
0
9
5

:

1
1

-

Z
C
1
1
-
0
0
3
7
)
50.g
Packet Pg. 534
A
t
t
a
c
h
m
e
n
t
:

H
:

P
u
b
l
i
c

C
o
m
m
e
n
t

F
o
r
m

i
n

O
p
p
o
s
i
t
i
o
n

(
4
0
9
5

:

1
1

-

Z
C
1
1
-
0
0
3
7
)
50.h
Packet Pg. 535
A
t
t
a
c
h
m
e
n
t
:

B
:

A
u
g
u
s
t

1
5
,

2
0
1
1

P
l
a
n
n
i
n
g

a
n
d

Z
o
n
i
n
g

M
e
e
t
i
n
g

M
i
n
u
t
e
s

(
4
0
9
5

:

1
1

-

Z
C
1
1
-
0
0
3
7
)
50.i
Packet Pg. 536
A
t
t
a
c
h
m
e
n
t
:

I
:

P
r
o
t
e
s
t

A
n
a
l
y
s
i
s

M
a
p

(
4
0
9
5

:

1
1

-

Z
C
1
1
-
0
0
3
7
)
AGENDA ITEM SUMMARY
Recommending Department: City Secretarys Office LSR No: Na
Resolution -- Selection of Mayor Pro Tem and Deputy Mayor Pro Tem by
the City Council
2. Impact: The election of a Mayor Pro Tem and a Deputy Mayor Pro Tem assure
continuity of municipal government in the absence of the Mayor.
3. In accordance with the City of Irving Charter, Article IV, Section 10, stipulates that
the City Council shall select among the eight (8) Councilmembers a Mayor Pro Tem
who shall perform the duties of the Mayor in the Mayors absence or disability.
4. The Deputy Mayor Pro Tem position is one of tradition and not required by the City
Charter.
Recommendation
Contract Required: No Review Completed By: NA
.
The completed resolution will be submitted after the selections have been confirmed by the
City Council.
None
Prepared: 7/8/2011 04:57 PM by Jennifer Phillips
Last Updated: 7/8/2011 04:57 PM by Jennifer Phillips
51
Packet Pg. 537
CITY OF IRVING
COUNCIL RESOLUTION NO. RES-2011-179
SECTION I. THAT the City Council hereby appoints __________ to serve as Mayor Pro Tem and
__________ to serve as Deputy Mayor Pro Tem.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
51
Packet Pg. 538
AGENDA ITEM SUMMARY
Recommending Department: City Secretarys Office LSR No: Na
Resolution -- Appointments to Boards, Commissions, and Committees, to
Fill Unexpired Terms to the Planning and Zoning Commission and Youth
Council
2. Impact: Appointment of Irving residents to boards, commissions, and committees
assures that our residents have a voice in city government.
3. The vacant positions under consideration are Planning & Zoning Commission-
Place 3 and Youth Council Place 1 and Place 3.
Recommendation
Contract Required: No Review Completed By: NA
.
Council members interviewed interested applicants on August 22 and 23.
None
Prepared: 8/22/2011 09:06 AM by Jennifer Phillips
Last Updated: 8/22/2011 09:08 AM by Jennifer Phillips
52
Packet Pg. 539
CITY OF IRVING
SECTION I. THAT the following individual be and is hereby appointed as a member of the
Planning and Zoning Commission:
___________, Place 3
said term of office expiring November 2012.
As a result of the appointment heretofore stated, the Planning and Zoning
Commission is represented by the following:
Term Expiration
Douglas Gregory, Place 5 November 2011
Tom Tannehill, Place 6 November 2011
John Fischer, Place 7 November 2011
Robert LaRose, Place 8 November 2011
Michael Randall, Place 9 November 2011
Chris Allen, Place 1 November 2012
David Palmer, Place 2 November 2012
___________, Place 3 November 2012
Al Zapanta, Place 4 November 2012
SECTION II. THAT the following individuals be and are hereby appointed as members of the
Youth Council:
___________, Place 1
___________, Place 3
said terms of office expiring November 2011.
As a result of the appointments heretofore stated, the Youth Council is represented by
the following:
Term Expiration
___________, Place 1 November 2011
___________, Place 3 November 2011
Steven Sarosy, Place 5 November 2011
Jorge Chac II, Place 7 November 2011
Gary Schepf, Place 2 November 2012
Doug Fox, Place 4 November 2012
Paula Parks, Place 6 November 2012
52
Packet Pg. 540
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
52
Packet Pg. 541

IrvingCC Packet 2011-09-01

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

IrvingCC Packet 2011-09-01

Uploaded by

Copyright:

Available Formats

AGENDA

MEETING OF THE IRVING CITY COUNCIL

Contract Required: NA Review Completed By: Carrie Morris

CURRENT YEAR FINANCIAL IMPACT:

You might also like