Final Agenda Meeting Of The Irving City Council Thursday, October

FINAL AGENDA MEETING OF THE IRVING CITY COUNCIL THURSDAY, OCTOBER 8, 2009 COUNCIL CHAMBER - CIVIC CENTER COMPLEX 825 WEST IRVING BOULEVARD IRVING, TEXAS ~

11:30 A.M. -- CITY COUNCIL WORK SESSION -- WEDNESDAY, OCTOBER 7, 2009 -- 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 Reverend Leon Adkins, Berean Memorial Church Pledge Of Allegiance Proclamations And Announcements Announcements And Recognitions Public Hearing: Items 1 through 35 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 Secretary’s Office at (972) 721-2493 or (TDD) 1-800-RELAY TX (1-800-735-2989) for assistance.

City Council Agenda 10/8/2009

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CITY COUNCIL AGENDA 1

City Manager’s Strategic Plan Update

CONSENT AGENDA Items 2 - 30

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Approving Minutes for Wednesday, September 23, 2009

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Approving Minutes for Thursday, September 24, 2009

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Resolution -- Approving and Adopting the Tarrant County 9-1-1 District 2009-10 Annual Budget Administrative Comments 1. This item supports Strategic Goal No. 4: Safe and Secure City. 2. Impact: Approval of this annual budget by member cities will allow the Tarrant County 9-1-1 District to increase Wireless 9-1-1 reliability through continued wireless accuracy testing, testing of new wireless devices and services, and expansion of Wireless one-on-one training in PSAP’s. 3. The Tarrant County 9-1-1 District is requesting its members to approve and adopt the district’s annual operating budget for 2009-10. District boundaries include all of Tarrant County, all areas outside Tarrant County included in the corporate limits of a member city, plus DFW International Airport and the City of Irving. 4. The Tarrant County 9-1-1 District Board of Managers approved the 2009-10 annual operating budget at their board meeting on July 20, 2009. Recommendation The resolution be approved.

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Resolution -- Approving a Contract Between the City of Irving and the Texas Workforce Commission for Access to the TWC Web-Based Information Site Administrative Comments 1. This item supports Strategic Goal No. 4: Safe and Secure City. 2. Impact: Approval of this contract will allow police investigators to locate individuals who cannot be found via another source. 3. The contract period begins on June 1, 2009, and expires on May 31, 2012. 4. Funding in the amount of $4,575.00 is available in the General Fund. Recommendation The resolution be approved. City Council Agenda 10/08/2009

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Resolution -- Authorizing the City Council of the City of Irving, Texas to Enter into a Contract with Linebarger, Goggan, Blair and Sampson, LLP, Attorneys at Law, for Professional Services in the Collection of Delinquent Ad Valorem Taxes Administrative Comments 1. This item supports Strategic Goal No. 8: Sound Governance. 2. Impact: The Dallas County Tax Office currently utilizes the delinquent tax collection services of Linebarger, Goggan, Blair and Sampson, LLP (LGB&S). Utilizing their services for delinquent collection will provide the City with effective collection of delinquent ad valorem taxes and land based liens (mowing, paving and demo liens). 3. Under the terms of the agreement, the LGB&S will receive the state sanction fees of 20% of delinquent taxes collected for tax years 2006 and forward. The firm will receive a fee of 15% of delinquent taxes collected for tax years 2005 and prior. 4. Collection fees are paid by the taxpayer in addition to the taxes due at the time of collection and will be forwarded to the firm by Dallas County. 5. LGB&S and Parker Marks P.C. have established a working relationship to assure an orderly transition and continuity of representation of the City's interests. 6. The contract will begin October 1, 2009 and will continue until either the City or Linebarger chooses to terminate. Recommendation The resolution be approved.

City Council Agenda 10/08/2009

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Resolution -- Approving a Chapter 380 Economic Development Incentive Agreement with Universal Technical Institute, LLC on Eligible Real and Personal Property Administrative Comments 1. This item supports Strategic Goal No. 3: Economic Development. 2. Impact: Approval of this agreement will allow the City to offer development incentives to UTI, the leading provider of technical education training in the United States. UTI has 10 campuses across the United States. 3. UTI must own and occupy at least 108,000 square feet at 5151 Regent Blvd. and employ at least 40 full-time employees earning at least $49,000 per year during the 5-year term of the agreement. 4. The incremental taxable value of the real and personal property must be at least $5 million over the certified 2009 values to qualify for an incentive. 5. Upon compliance of these provisions, UTI will receive a rebate up to 40 percent of the ad valorem tax paid to the City. 6. The agreement with UTI is for 5 years beginning on January 1, 2010. Recommendation The resolution be approved.

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Resolution -- Reimbursing the City of Irving for Capital Expenditures for Streets, Parks, Libraries and Economic Development Improvements in Advance of the 2010 General Obligation Bond Sale Administrative Comments 1. This item supports Strategic Goal No. 8: Sound Governance. 2. Impact: The approval of this resolution will allow the City to begin and finish certain capital projects ahead of schedule. 3. The City wishes to begin certain projects included in the 2010 G.O. Bond Program in an effort to bring these projects on-line at an earlier date. 4. The proposed reimbursement resolution allows the City to enter into contracts for the projects listed in Exhibit A. 5. The projects will be financed using currently available bond funds. 6. The reimbursement resolution provides that the funds advanced will be reimbursed with proceeds from the 2010 Bond Sale. Recommendation The resolution be approved.

City Council Agenda 10/08/2009

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Resolution -- Reimbursing the City of Irving for Capital Expenditures for Drainage Improvements in Advance of the 2010 Bond Sale Administrative Comments 1. This item supports Strategic Goal No. 8: Sound Governance. 2. Impact: The approval of this resolution will allow the City to begin and finish certain capital projects ahead of schedule. 3. The City wishes to begin the Lake Carolyn reclamation in preparation for the Water Street Project. 4. The proposed reimbursement resolution allows the City to enter into contracts for the reclamation. 5. The projects will be financed using currently available funds. 6. The reimbursement resolution provides that the funds advanced will be reimbursed with proceeds from the 2010 Bond Sale. Recommendation The resolution be approved.

City Council Agenda 10/08/2009

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Resolution -- Awarding a Contract to Texas State Utilities for Utility Undergrounding at the Irving Arts Center Project Administrative Comments 1. This item supports Strategic Goal No. 9: Infrastructure Network. 2. Impact: This contract provides for the installation and conduit only for the undergrounding of existing overhead electric, telephone, and cable lines along MacArthur Boulevard in front of the Irving Arts Center. 3. Verizon, Oncor, and Time Warner will install mechanical equipment and pull wiring under separate discretionary service agreements, and landscaping improvements will be performed, in an estimated amount of $472,000.00 for these services. 4. This project includes installing conduit and concrete pads for electric transformers in front of the baseball field for MacArthur High School with landscape improvements that enhance the MacArthur Boulevard corridor. 5. Texas State Utilities is recommended for award by the Capital Improvements Program/Engineering Department. 6. The recommended bid award amount of the project is $175,194.45. An additional $1,752.00 is needed for testing, bringing the total cost of this portion of the project to $176,946.45. The estimated cost of the entire project is $648,946.45. 7. Texas State Utilities is a Minority- and/or Women-owned Business (M/WBE) contractor. 8. Two of the five bids received are from M/WBE contractors. 9. Funding in the amount of $176,946.45 is available in the Non-Bond CIP Fund. Recommendation The resolution be approved.

City Council Agenda 10/08/2009

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Resolution -- Approving a Memorandum of Understanding Between the City of Irving and the City of Frisco for the Use of the Irving Communications, Public Safety Radio Channels Administrative Comments 1. This item supports Strategic Goal No. 4: Safe and Secure City. 2. Impact: This Memorandum of Understanding (MOU) provides interoperability (direct patching) for Irving’s Public Safety Radio System for the City of Irving and the City of Frisco. There is no cost involved. 3. These channels can be used by local government jurisdictions, State and Federal agencies in Texas, and each of their associated emergency response organizations; and private sector emergency response organizations licensed or otherwise entitled to operate in the Public Safety Pool. 4. The MOU imposes certain protocols, procedures, and obligations upon jurisdictions hereby authorized to use licensed radio channels held by Irving. 5. The MOU authorizes the use of Irving licensed frequencies for the purpose of coordination between emergency response agencies and resources. Such coordination may occur during interagency operations, en-route travel, or onincident communications in accordance with an Incident Communications Plan. Recommendation The resolution be approved.

City Council Agenda 10/08/2009

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Resolution -- Authorizing the Use of a New Identity Marking to Brand the City of Irving Administrative Comments 1. This item supports Strategic Goal No. 6: Effective Communications. 2. Impact: This resolution establishes a new identity marking to brand the City of Irving and effectively communicate with residents, visitors, and businesses. 3. The Council Communications Committee Chairwoman met with staff from several city departments, the Irving Convention and Visitors Bureau, and the Greater IrvingLas Colinas Chamber of Commerce to review potential identity markings. 4. On September 17, 2009, the Council Communications Committee reviewed possible identity marking designs and recommended a new identity marking for consideration. 5. The new identity marking was presented to the City Council for its review at the September 23, 2009, Work Session. 6. If approved, this item also authorizes the submission of an application to seek a federal trademark of the identity marking. Recommendation The resolution be approved.

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Resolution -- Supporting the Everest Heights Mixed-Use Development Project Administrative Comments 1. This item supports Strategic Goal No. 3: Economic Development. 2. Impact: Support for the unique mixed-use concept will facilitate leasing and financing for the development. 3. The new mixed-use retail and entertainment facilities will meet a market demand for the City of Irving. Recommendation The resolution be approved.

City Council Agenda 10/08/2009

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Resolution -- Authorizing the Irving Convention and Visitors Bureau to Purchase Advertising Space in the Media Administrative Comments 1. This item supports Strategic Goal No. 3: Economic Development; 3.9 Coordinate development of the Regional Activity District and Entertainment Center. 2. Impact: Promote the City of Irving to potential visitors which will generate additional visitor spending in Irving. 3. The advertising schedule which includes both online and traditional media has been significantly reduced to $450,000.00 for the calendar year 2010. The final schedule will be determined based on proposals submitted, and the evaluation of these to select those that best address the primary objectives of the 2009-10 ICVB Marketing Plan. 4. Messaging will primarily focus on the Irving Convention Center as the 12-month countdown to the opening begins. Destination messaging will be focused primarily on the meetings trades and specialty publications within that segment; consumer messaging will be concentrated primarily through the Dallas/Fort Worth Area Tourism Council co-operative program. 5. Funding in the net amount of $450,000.00 for the period of October 1, 2009, through September 30, 2010, is included in the 2009-10 ICVB General Fund budget. Recommendation The resolution be approved.

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Resolution -- Approving a Fee Agreement with Dean International, Inc., for Assistance in Transportation and Infrastructure Services Administrative Comments 1. This item supports Strategic Goals No. 3: Economic Development and No. 9: Infrastructure Network 2. Impact: This fee agreement will allow for the continuance of public policy and consulting expertise by Dean International, Inc., for transportation and infrastructure related services including: strategy development, analysis, and real-time reporting of key Irving projects/initiatives. 3. Additionally, the contract provides for program development and administration and support services for the annual Irving Transportation and Infrastructure Convention (Washington D.C.) and Summit (Irving). The agreement provides for a monthly services rate of $20,000.00 plus expenses over the one-year contract. 3. Funding in the amount of $730,000.00 is available in the General Fund. Recommendation The resolution be approved.

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Resolution -- Approving a Fee Agreement with Dean International, Inc., for Assistance in Water Services Administrative Comments 1. This item supports Strategic Goals No. 3: Economic Development and No. 9: Infrastructure Network 2. Impact: This fee agreement will allow for the continuance of public policy and consulting expertise by Dean International, Inc., for water related services including: strategy development, analysis, and real-time reporting of key Irving projects/initiatives. The agreement provides for a monthly services rate of $30,000.00 plus up to $30,000.00 in expenses over the one year contract. 3. Funding in the amount of $390,000.00 is available in the Water Resources Development Fund. Recommendation The resolution be approved.

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Resolution -- Approving a Professional Services Agreement for Engineering and Planning Services with Nathan D. Maier Consulting Engineers for the Provision of Water Acquisition Projects/Initiatives Administrative Comments 1. This item supports Strategic Goals No. 3: Economic Development and No. 9: Infrastructure Network 2. Impact: Nathan D. Maier Engineering and consulting services have been of great value to the Irving Transportation and Infrastructural Services Team regarding water development and land acquisition initiatives 3. The agreement provides for planning and analysis assistance for the acquisition of future water resources, maximization of pipeline assets and revenue generation. The consultant’s expertise regarding contracting assistance, water rights analysis, water rights and storage rights acquisition is a critical component to the city’s strategic water planning process. 4. The firm’s capabilities in project modeling and financial analysis are paramount to the success of Irving’s future water development and ROW acquisition initiatives. 5. Total cost of the agreement is not to exceed $600,000.00 including estimated expenses. 6. Funding in the amount of $600,000.00 is available in the Water & Sewer System Fund. 7. Nathan D. Maier is a 100% Woman-Owned Business Enterprise. Recommendation The resolution be approved.

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Resolution -- Approving an Agreement Between the City of Irving and EMISSTAR, L.L.C to Provide Emissions Technology Consulting for the Environmental Protection Agency’s Emerging Technologies Grant Project for the City of Irving, Texas Administrative Comments 1. This item supports Strategic Goal No. 10: Environmental Sustainability. 2. Impact: This professional services contract will provide for the required quarterly emissions reporting in the recently awarded Environmental Protection Agency’s Emerging Technology Grant. 3. EMISSTAR is a consulting firm specializing in emissions, energy and sustainable technologies reporting for the transportation sector. EMISSTAR is a sole source vendor and is uniquely qualified for these services due to the fact that EMISSTAR has extensive experience in installation, emissions measurement testing and indepth knowledge of the SCRT technology being utilized, which is not yet commercially available. 4. Funding in the amount of $83,708.00 for the period of October 1, 2009, through September 30, 2010, is available in the Garage Fund. Recommendation The resolution be approved.

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Resolution -- Authorizing the Mayor to Accept American Recovery and Reinvestment Act Funding in an Amount Up to $2,058,600 through the U.S. Department of Energy’s Energy Efficiency and Conservation Block Grant Administrative Comments 1. This item supports Strategic Goal No. 10: Environmental Sustainability. 2. Impact: This funding, offered through the U.S. Department of Energy’s Energy Efficiency and Conservation Block Grant Program, allows the City of Irving to implement renewable energy and energy conservation projects, including the installation of solar powered LED street lights on the Irving Boulevard corridor. 3. The Department of Energy has awarded an initial $73,339.00 for the development of an Energy Efficiency and Conservation Strategy that supports the goals of the Energy Efficiency and Conservation Block Grant program. 4. A second award for the implementation of a solar powered LED street light project will be granted after the approval of an Energy Efficiency and Conservation Strategy. 5. The funding period for this grant is from October 1, 2009, to September 30, 2010. Recommendation The resolution be approved.

City Council Agenda 10/08/2009

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Resolution -- Approving an Increase in Authorized Personnel for a Three Year Period to Deliver the Services Associated with the Homelessness Prevention and Rapid Re-Housing Program Grants and the Neighborhood Stabilization Program Grant Administrative Comments 1. This item supports Strategic Goal No. 2: Vibrant Neighborhoods. 2. Impact: These positions will ensure the provision of homelessness prevention services reaches the greatest number of residents in need and will assist in determining long term stability for Irving residents. 3. Due to the award of several homelessness-related grants, staff is requesting the reclass of the department’s Contract Compliance Coordinator to a Homelessness Prevention Coordinator position and a reclass of the Program Analyst position to Contract Compliance Coordinator for the duration of the grant funding. The incumbent in this position will develop, maintain, and coordinate the City’s Back on Track program, a comprehensive homelessness prevention and service program. Additionally, this position will assume all necessary case management duties. 4. Staff is requesting the increase in Authorized Personnel to reflect the hiring of a Case Worker and an Intake Worker. The Case Worker would be funded by each of the HPRP funds. The Intake Worker’s funding would be split between the HPRP finds and the NSP program (also providing intake service for that program). 5. Approval for these staffing decisions was made by the Reclass Committee and the Housing and Human Services Board. The need for these positions was presented to the Community Services Committee. Estimate costs for the two positions are $143,174.46 ($33,190.44 in NSP, $54,991.79 in HPRP Federal, $54,991.79 in HPRP State). 6. Funding in the amount of $2,289,877.00 is available in the Neighborhood Stabilization Program Fund, funding in the amount of $844,146.00 is available in the HPRP State Fund, and funding in the amount of $950,000.00 is available in the HPRP Sate fund. Recommendation The resolution be approved.

City Council Agenda 10/08/2009

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Bids/ Purchasing Items (7 Awards/ Renewals & 1 Addendum) Items 21 - 28

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Resolution -- Renewing Annual Contract with GT Distributors, Inc., for Police Body Armor Administrative Comments 1. This item supports Strategic Goal No. 4: Safe and Secure City. 2. This item has been recommended by Police. 3. Impact: Body armor protection enables the City’s police officers to perform their duties with a higher degree of safety and effectiveness. 4. This renewal establishes the continuation of an annual contract to provide body armor. The original contract was awarded on the basis of competitive bids. 5. Pricing remains the same for this renewal in spite of increases from the manufacturer. 6. Funding in the net estimated amount of $74,433.48 for the period of November 1, 2009, through September 30, 2010, and in the net estimated amount of $6,766.68 for the period of October 1, 2010, through October 31, 2010, is available in the General Fund, subject to funds being appropriated in Fiscal Year 2010-11. Recommendation The resolution be approved.

City Council Agenda 10/08/2009

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Resolution -- Approving and Accepting the Bids of Sunbeam Foods, Inc., and Southern Foods Group dba Schepps Dairy for an Annual Contract to Supply Prisoner Food Administrative Comments 1. This item supports Strategic Goal No. 4: Safe and Secure City. 2. This item has been recommended by Police. 3. Impact: This service provides incarcerated prisoners with nutritious meals. 4. This award establishes annual contracts for the continuation of providing prisoner food and utensils. 5. Funding in the net estimated amount of $94,310.52 for the period of November 1, 2009, through September 30, 2010, and in the net estimated amount of $8,573.68 for the period of October 1, 2010, through October 31, 2010, is available in the General Fund, subject to funds being appropriated in Fiscal Year 2010-11. Vendor Sunbeam Foods, Inc. Southern Foods Group dba Schepps Dairy Total Estimated Amount

Group A B

FY09-10 Est. Exp. $83,860.52 $10,450.00 $94,310.52

FY10-11 Est. Exp. $7,623.68 $ 950.00 $8,573.68

Total Annual Est. Exp. $ 91,484.20 $ 11,400.00 $102,884.20

Recommendation The resolution be approved.

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Resolution -- Approving an Addendum with Information Builders, Inc., for Phase II of the Business Intelligence Reporting System Project Administrative Comments 1. This item supports Strategic Goals No. 4: Safe and Secure City and No. 6: Effective Communications. 2. This item has been recommended by Information Technology and it is a Strategic Project/Task approved by the Technology Review Committee and supported by Fire, Financial Services, Strategic Resources, and Water Utilities. 3. Impact: Phase II will allow the City, through the City’s Web site, to provide timely information and reports that impact the daily lives of our residents, visitors, and businesses. 4. Phase II is in three components: 1) provides Web site access for specific timely reports, such as traffic congestion problems, crime statistics in specific areas, capital improvement projects status/plans for the day, etc.; 2) provides reports in mobile technology format for access with Blackberries or other mobile devices; and 3) enhances performance goal management. 6. Funding in the net amount of $183,944.00 is available in the Technology Fund. Recommendation The resolution be approved. City Council Agenda 10/08/2009

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Resolution -- Awarding Single Source Award to ESRI for Software Maintenance for the ESRI Geographic Information System Administrative Comments 1. This item supports Strategic Goal No. 9: Irving’s Infrastructure. 2. This item has been recommended by Information Technology and it is a Maintenance/Support Task approved by the Technology Review Committee. 3. Impact: This maintenance agreement keeps the City’s GIS software running efficiently. GIS is the software currently used to produce maps, deliver information to the public, and solve issues through geographical analysis. 4. ESRI is the developer and designer of our current GIS software and is the single source provider of the maintenance. 5. Funding in the net amount of $71,391.78 for the period of October 31, 2009, through October 30, 2010; in the net estimated amount of $74,961.78 for the period of October 31, 2010, through October 30, 2011; and in the net estimated amount of $78,709.78 for the period of October 31, 2011, through October 30, 2012, is available in the General Fund, subject to funds being appropriated in Fiscal Years 2010-11 and 2011-12. Recommendation The resolution be approved.

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Resolution -- Renewing Contract for Control of Communicable Disease Services through an Interlocal Agreement with Dallas County Health and Human Services Administrative Comments 1. This item supports Strategic Goal No. 4: Safe and Secure City. 2. This item has been recommended by Fire. 3. Impact: Providing free preventive health services promotes a healthier lifestyle and improved quality of life for Irving residents. 4. This renewal establishes the continuation of an annual contract to provide control of communicable disease services. This contract includes services for tuberculosis control, sexually transmitted diseases, laboratory tests, immunizations, and wellbaby exams. 5. As part of the contract, the City provides space at 440 N. Nursery Road for clinical operations for this program, in which approximately 14,085 residents received services in 2008. 6. Funding in the net amount of $81,906.00 for the period of October 1, 2009, through September 30, 2010, is available in the General Fund. Recommendation The resolution be approved.

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Resolution -- Renewing Annual Agreement with The University of Texas Southwestern Medical Center at Dallas for Continuing Education Services for Emergency Medical Technicians (EMTs) and Paramedics Administrative Comments 1. This item supports Strategic Goal No. 4: Safe and Secure City. 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 amount of $93,569.00 for the period of October 1, 2009, through September 30, 2010, is available in the General Fund. Recommendation The resolution be approved.

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Resolution -- Renewing 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 Administrative Comments 1. This item supports Strategic Goal No. 4: Safe and Secure City. 2. This item has been recommended by Fire. 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 award 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 $5,697.74 for the period of October 1, 2009, through September 30, 2010, is available in the General Fund. Recommendation The resolution be approved.

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Resolution -- Approving Award to Equipment Southwest, Inc., for Street Sweepers, through the State of Texas Local Government Statewide Cooperative Purchasing Program Administered by the Texas Association of School Boards (the BuyBoard Program) Administrative Comments 1. This item supports Strategic Goal No. 9: Infrastructure Network. 2. This item has been recommended by Street Operations and approved by Intergovernmental Services. 3. Impact: These sweepers help keep the City compliant with the Municipal Drainage Utility permits by removing debris before it gets into our storm drain systems and water systems. Keeping our streets clean improves quality of life for residents and visitors. 4. This purchase is for two 2010 Allianz Vacuum Sweepers, each mounted on a 2009 Isuzu Chassis. These are budgeted replacements for City Tags No. 18071 and No. 18072, two 1999 Elgin Sweepers, which are being retired in accordance with the City’s equipment replacement policy. 5. Funding in the net amount of $456,624.00 is available in the Equipment Replacement Fund. Recommendation The resolution be approved. End of Bids

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Ordinance -- Amending Chapter 27A Entitled “Personnel” of the Code of Civil and Criminal Ordinances of the City of Irving, Texas, Relating to Education Incentive Pay and Certification Incentive Pay for Eligible Police and Fire Civil Service Personnel Administrative Comments 1. This item supports Strategic Goal No. 8: Sound Governance. 2. Impact: Certain special pay categories relating to education incentive pay and certification incentive pay were enhanced as part of the Fiscal Year 2009-10 budget process in order for salaries and benefits to remain competitive with our benchmark cities. Recommendation The ordinance be adopted.

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Ordinance -- First Reading - Amending Chapter 52 “Water and Sewer Rates” of the Code of Civil and Criminal Ordinances of the City of Irving, Texas, Providing for a Waiver of Deposit; Providing for Cost Recovery Related to Utility Services Disconnections Administrative Comments 1. This item supports Strategic Goals No. 8: Sound Governance and No. 10: Environmentally Sustainable Community. 2. Impact: The amended ordinance will enhance cost recovery based on Lean Six Sigma revisions to the collection process affecting utility customers with delinquent accounts. 3. The following fee changes are recommended as a cost recovery mechanism relating to those customers who chose to not pay their bills as required and/or steal service by bypassing our system. The ordinance includes a $25.00 collection charge for all customers whose accounts are 30 days or more past due as of 5:00 p.m. the day before the disconnect date; $50.00 charge for unauthorized use of services; $50.00 charge to have services (re)connected after normal operating hours; and $15.00 charge for excessive trip charges in attempting to (re)connect services. In addition, a 10 percent late penalty will be assessed on the total past due balance for bills not paid by 5:00 p.m. on the due date. 4. A waiver of deposit will be provided to all customers utilizing automatic draft services with a minimum 12 month commitment. 5. Along with significant cost savings, annual cost recovery is anticipated to increase approximately $387,493.00 and will be allocated to the Water and Sewer System Fund. Recommendation The ordinance be adopted.

City Council Agenda 10/08/2009

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ZONING CASES AND COMPANION ITEMS 31

Resolution -- Approving Final Plat - The Enclave at TPC Las Colinas, Phase 1 and 3, Revised Final Plat - Approximately 0.562 Acres Located at 4545 and 4549 Byron Circle - Surveying Associates, Applicant - Anne Ingwalson, Owner Administrative Comments 1. This item supports Strategic Goal No. 1: Land Use. 2. Planning and Zoning Commission Hearing Date and Recommendation: September 8, 2009 – Technical Denial 3. The applicant is requesting to replat two lots into one lot for residential use. 4. The following exception to the Subdivision Ordinance requires this case to be forwarded to the City Council for action: •

Section 35-25 of the Subdivision Ordinance requires all private streets to be approved by the City Council. Byron Circle is a private street.

5. The plat complies with all other requirement of the Subdivision Ordinance. 6. Public notices were sent to twenty-three (23) property owners, with no letters in support or opposition received. Recommendation The resolution be approved.

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Ordinance -- Zoning Case #ZC09-0045 - Granting S-P-1 (Detailed Site Plan) for Retail, Restaurant and Office Uses - Approximately 0.28 Acres Located at 2201 Cheyenne Street - Ali Bary, Owner/Applicant Administrative Comments 1. This item supports Strategic Goal No. 1: Land Use. 2. Planning and Zoning Commission Hearing Date and Recommendation: September 8, 2009 – Favorable 5-0, with the stipulation that the site plan be revised to show one large tree instead of two smaller trees (Commissioners Spurlock, LaRose, Urias and Randall, absent). 3. The applicant is requesting to rezone the property for retail, restaurant and office uses. 4. The Comprehensive Plan recommends Retail uses for this property. This request is in conformance with the Comprehensive Plan. 5. This property is currently developed with a single story building. The applicant is wishing to rezone the property to use the existing building for retail uses. 6. This property was rezoned in 1990 for a restaurant with alcoholic beverage sales with 17 parking spaces. The current owner would like to use the existing building for retail with the parking as shown on the site plan. 7. The applicant is proposing to add one tree and four shrubs along Cheyenne Street, and refinish and repaint the metal awning with a color that matches or is consistent with the color of the buildings to the south and west. 8. Staff can support this case with the proposed retail, restaurant and office uses as the only permitted uses for this property. 9. The stipulation of the Commission has been met. 10. Public notices were sent to nine (9) property owners, with one letter in support and none in opposition received. Recommendation The ordinance be adopted per the recommendation of the Planning and Zoning Commission.

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Ordinance -- Zoning Case #ZC09-0048 - Granting S-P-2 (Generalized Site Plan) for C-C (Community Commercial) Uses - Approximately 9.8107 Acres Located at the Southwest Corner of Esters and Rochelle Road - City of Irving, Owner/Applicant Administrative Comments 1. This item supports Strategic Goal No. 1: Land Use and Strategic Goal No. 7: Cultural, Recreational and Educational Environments. 2. Planning and Zoning Commission Hearing Date and Recommendation: September 8, 2009 – Favorable 5-0; (Commissioners Spurlock, LaRose, Urias and Randall, absent). 3. The applicant is requesting to rezone the property for government, public recreation, and related uses. 4. The property is currently partially developed with Fire Station No. 6 and a water tower. The applicant is rezoning the property to develop the vacant portion of the property with a new branch library. The rezoning is necessary to eliminate a setback line adjacent to the water tower shown on the current zoning site plan. Eliminating the setback line will maximize the area available for development for the new library. 5. A replat has been submitted and is pending approval of this zoning case. 6. Public notices were sent to twenty-two (22) property owners, with two (2) letters received in support and none in opposition. Recommendation The ordinance be adopted per the recommendation of the Planning and Zoning Commission.

APPOINTMENTS AND REPORTS 34

Mayor’s Repot

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Adjournment 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.

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WORK SESSION MEETING OF THE IRVING CITY COUNCIL MEETING MINUTES September 23, 2009 The Irving City Council met in work session September 23, 2009. The following members were present/absent: Organization Irving City Council Irving City Council Irving City Council Irving City Council Irving City Council Irving City Council Irving City Council Irving City Council Irving City Council

Title Mayor Councilwoman Councilman Councilman Councilman Councilman Councilman Councilwoman Councilman

Status Present Late Present Late Absent Present Present Present Present

Arrived

Mayor Herbert Gears called the meeting to order at 11:00 AM.

DISCUSSION TOPIC 1

Introduction of City Council Cycle Participants

Executive Assistant Linda Murray introduced the Council Cycle Participants, Legal Services Supervisor Belinda Rowlett and Senior Librarian Stephanie Gimble. 2

Review of Regular Agenda

The Council reviewed the agenda and the following directions were noted. 1

City Manager’s Strategic Plan Update City Manager Tommy Gonzalez recognized Senior Assistant City Attorney Jennifer Richie, Police Sergeant John Mitchell, and Assistant Police Chief Steve Ramsey with an On the Spot Award for their work for the Apartment Crime Reduction Program.

2

Ordinance -- Public Hearing and Adoption of the 2009-10 City of Irving Fiscal Year Budget City Manager Gonzalez noted that the staff has made adjustments based upon the Council’s decision not to increase the water, sewer and sanitation rates. He stated that this adjustment will require only a delay in projects, but will not create a hardship for the City. He reminded the Council that Irving is the lowest of the metroplex benchmark cities in these rates. Mayor Gears noted that since property values have gone down and the Council has agreed not to increase the tax rate, he asked what the percentage decrease in taxes has been. Budget Administrator Bret Starr said he did not know but will provide that information. Later in the meeting, he advised that this represents a 9.9% decrease in taxes.

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Minutes Acceptance: Minutes of Sep 23, 2009 11:00 AM (CONSENT AGENDA)

Attendee Name Herbert Gears Beth Van Duyne Allan Meagher Lewis Patrick Rick Stopfer Sam Smith Joe Philipp Rose Cannaday Thomas Spink

2

City Council Work Session September 23, 2009 Councilman Philipp stated that he agreed to the tax decrease and deferring any increase in rates. However, he stated that water, sewer, and sanitation are core issues and they should again be considered by the Council this fall. He asked that facts and a plan of action be brought back to the Council as infrastructure must be replaced before it fails. Councilwoman Cannaday and Councilman Smith agreed. Resolution -- Authorizing the Mayor to Represent the City of Irving in Members Meetings of The Las Colinas Association, Sign Proxy Statements, Vote for Directors, and Any Amendments to the Declarations Which May be Proposed Mayor Gears asked why this item is on the agenda. City Manger Tommy Gonzalez advised that he is seeking clarification as to who should be authorized to represent and vote for the City in matters pertaining to the Las Colinas Association as the City now owns property in Las Colinas. After discussion, it was agreed that the City Manager, rather than the Mayor, will be placed in this position and directed the City Attorney to correct the resolution.

9

Resolution -- Authorizing Staff to Negotiate a Professional Services Contract with CTL/Thompson and Alpha Testing for the Annual Geotechnical Engineering and Construction Materials Testing and Inspection Contract Councilman Philipp asked who has been performing this service. City Engineer Mike Walter answered that this firm has been providing this service to the City for years. He clarified that this contract is for City infrastructure projects only; however, often developers will use this firm as well for their core testing. Real Estate Development Director Brenda McDonald advised that testing is required for all infrastructure put in by private developers.

11

Resolution -- Awarding a Contract to Weir Bros., Inc., for the Texas Stadium Demolition Project Assistant Director of Real Estate Development Doug Janeway reviewed the bid process that was provided by Jacobs Engineering on five of the top seven bidders. He stated that the most effective way to demolish the stadium is by implosion and this should occur in early 2010. He advised that this bid has been contested by another bidder, and will be discussed in Executive Session. Councilwoman Cannaday asked if any of the steel could be salvaged to be recycled to be used for a memorial of some kind to the stadium, i.e., a fountain. Mr. Janeway stated that he will check with the contractor as he has the ownership of all salvaged steel. The Mayor stated that staff is working on a ceremonial event to be held at the time of demolition. Councilman Philipp requested an electronic copy of the bid analysis study prepared by Jacobs. 2

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Minutes Acceptance: Minutes of Sep 23, 2009 11:00 AM (CONSENT AGENDA)

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2

16

Resolution -- Approving an Assignment of Contract of Sale to the City of Irving for the Acquisition of a Single-Family Residence Located at 506 Larry Drive - Sierra Plateau, Ltd., Assignor

17

Resolution -- Approving an Assignment of Contract of Sale to the City of Irving for the Acquisition of a Single-Family Residence Located at 614 Westwood Drive - Sierra Plateau, Ltd., Assignor Community Services Director Paul Gooch stated that the purchase of the home at 506 Larry Drive provides for better access to Centennial Park. The owner is ready to sell and it is being purchased at appraised value. The purchase of the home at 614 Westwood will allow for the realignment of 6th Street and additional beautification of the streetscape. He noted that the owner does not want to sell and city is offering above market value to defer the costs of an eminent domain process. Councilwoman Cannaday asked if Sierra Plateau is a McDougal company. Mr. Gooch answered that this is a McDougal company.

21

Resolution -- Approving Amendment of the Irving Housing Finance Corporation Bylaws to Allow Purchase of Non-Foreclosure Property Councilwoman Van Duyne asked for a presentation on this item. Executive Director Vivian Ballou stated that this amendment to the bylaws allows the HFC to purchase houses before they go into foreclosure. Councilman Spink asked if the HFC will have the ability to do a reverse mortgage. Mrs. Ballou answered that a reverse mortgage can be used by the HFC. Councilwoman Van Duyne asked if there was grant money in place to implement the broadening of this program. Mrs. Ballou stated that the City did have funding and the grant that is being asked for on this agenda will provide additional funding for this program. Councilman Philipp noted that the grant and the use of the funds had been discussed at Chairman Smith’s Community Services Committee at length. He stated that he was in favor of this change, but he asked that adequate checks and balances be put in place through the City’s Financial Services Department and the Treasurer of the Housing Finance Authority.

23

Resolution -- Approving the City Arts Services Program as the Third Part of the Irving Arts Board’s New Financial Assistance Program Executive Director Richard Huff presented a review of the City Arts Services Program. There followed discussion of the program and the Council’s representation on committee. It was agreed that the Council appointments will set up through the Secretary’s Office similar to the board appointment process. Also it was agreed the Arts Board would not have the ability to remove Council appointments to committee.

this City that this

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Minutes Acceptance: Minutes of Sep 23, 2009 11:00 AM (CONSENT AGENDA)

City Council Work Session September 23, 2009

2

City Council Work Session September 23, 2009

24

Resolution -- Approving and Accepting the Bid of Mart-Caudle Corp dba Walnut Hill Wrecker for an Annual Contract to Provide Wrecker Service and Auto Pound Operation Councilman Philipp asked if Walnut Hill Wrecker Service has provided quality service to the City.

At this time, Mayor Gears stated that Work Session Item Number Nine will now be heard as Chief Boyd had to leave the meeting soon. 9

Report on the Warren Institute Study “the C.A.P. Effect: Racial Profiling in the ICE Criminal Alien Program” Chief Boyd presented a report to the Council refuting many of the claims made by the study conducted by the Warren Institute and the corresponding article on this study published in the Dallas Morning News. The following points were made: •

Errors were made in calculating the number of arrests and type of arrests by ethnicity category.

•

Arrests for all race categories rose in the summer of 2007 due to other Police initiatives such as COMSTAT and DWI grant funding.

•

Errors were made in calculating the percentage of felony offenses referred to ICE; it was reported as only 2% when felony offenses account for 15%.

There followed a lengthy discussion as to how this correct information should be disseminated to the citizens of Irving, but the Council agreed that they are not interested in sending this information to those that produced this flawed study. The Council also expressed their confidence in the integrity of the Chief and the entire Police Department. Further the Council agreed to get this information presented today to the Spanish speaking media. Mayor Gears stated that the Council will now return to the review of the regular agenda.

29

Ordinance -- Amending Chapter 22 Entitled “Noise” of the Code of Civil and Criminal Ordinances of the City of Irving to Provide Specific Definitions and Enforcement of Noise Violations Police Legal Advisor Les Moore reviewed this new ordinance. Mayor Gears asked if this pertained to roosters and/or fowl. Mr. Moore said that it did identify fowl; however, he clarified that the noise must be deemed unreasonable. Mayor Gears stated that the Council will now consider work session item number three, as the outside consultants must leave soon. 4

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Minutes Acceptance: Minutes of Sep 23, 2009 11:00 AM (CONSENT AGENDA)

Police Chief Larry Boyd advised that they have received very few complaints on the services that they provide.

2

City Council Work Session September 23, 2009 3

Identity Marking

Ms. Schlansker reviewed the process and introduced the proposed logo that incorporates the head of a mustang horse with a flowing mane. The colors used are a green and a blue which represents the greening of the environment and the blue of the water. She noted that a bronze shade was being used for the lettering. Councilwoman Cannaday stated that the larger issue of “branding” for the City can now be looked at it in a broader context. Councilwoman Cannaday also addressed the process utilized by the staff and the committee to reach this consensus. After discussion the Council agreed to bring this back to a future regular meeting for formal approval. Mayor Gears returned to the review of the Regular agenda.

30

Ordinance -- Repealing Housing and Human Services Board Appointment and Supervision of the Executive Director Under Section 63-3 of Chapter 63 of The Code of Civil and Criminal Ordinances of the City of Irving, Texas Councilman Smith advised the Council that it was a unanimous decision by the Community Services Committee to change the Housing and Human Services Executive Director position’s reporting structure so that she reports directly to the City Manager rather than to the Housing and Human Services Board. Councilman Philipp stated that he is in favor of integrating the department with the other City departments, but he is also still in favor of the following goals of the Housing and Human Services Department: 1) Affordable housing construction, 2) Redevelopment of housing in the city, 3) Foreclosure prevention strategies. 4) Emergency shelter grants 5) Various human services programs Councilman Spink stated the board does not agree with this change as she is the expert in this area and this removes her authority to make decisions. It was clarified that this change has no impact on any other city board. The Council agreed that the Housing and Human Services board will continue to act in its capacity as an advisory board to the City Council.

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Minutes Acceptance: Minutes of Sep 23, 2009 11:00 AM (CONSENT AGENDA)

Director of Corporate Communications Laurie Kunke introduced this item. She advised that Chairman Cannaday’s Communication Committee has taken the lead on this project and worked with the Interstar Group and Propel to develop the identity marking that will be presented today. She presented a brief history of the logo and then introduced Jane Schlansker from the Interstar Group.

2

City Council Work Session September 23, 2009

31

Ordinance -- Amending the City of Irving General Obligation Bonds, Series 2007 to Reallocate $2,255,000 Fire Facilities Bond Proceeds to Library Facilities Purposes

32

Ordinance -- Amending the City of Irving General Obligation Bonds, Series 2008 to Reallocate $1,580,000 Fire Facilities Bond Proceeds to Library Facilities Purposes

Councilman Van Duyne said that she has been receiving many calls from citizens on this and many are concerned about the legality of this decision. Budget Administrator Bret Starr reviewed this recommended process and clarified that the City will lose 4.5% in interest earned if this is not done. He assured the Council that the city will still have funds to build the fire house in the future. City Manager Tommy Gonzalez stated that in four to six months plans and options on the location of fire station number four will be brought back to the Council. Councilman Patrick stated that he will vote “no” as he does not agree with delaying this construction just to save the tree and convert the existing streetscape to a “park.” Mayor Gears stated that this completes the review of the regular agenda and he will now return to consider the rest of the work session items. 4

City Operations Health Continuity Plan Assistant Emergency Management Coordinator Jason Carriere presented information on the H1N1 virus and the city’s plans. City Manager Tommy Gonzalez advised that this information will be placed on the City’s internet. The Council had no questions.

5

Water Reuse Update Business Manager David Cardenas presented this proposed plan to the Council and advised them as to what the City has accomplished to date. City Manager Tommy Gonzalez stated that this is just one component of the City’s water plan to continually maintain water to the residents and businesses in our city. The Council had no questions.

6

Cycle Council Cycle Results Executive Assistant Linda Murray presented this review of the employees that have participated in this program and the suggestions they have made to improve the agenda and meeting process. The Council commended the program. 6

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Minutes Acceptance: Minutes of Sep 23, 2009 11:00 AM (CONSENT AGENDA)

Mayor Gears explained that these are companion items each represent different bond issuances; however, the goal is the same on both. As Fire House Number Four will not be built on MacArthur to save the tree, the city will reallocate these funds to begin construction on the West Branch Library. The funds will not sit idle.

2

City Council Work Session September 23, 2009

7

2010 Council Calendar Review City Secretary Janice Carroll presented the meeting calendar for the year 2010. She advised that this is a draft calendar and asked that if there are any needed changes to please advise her as soon as possible.

8

Housing & Human Services Back on Track Program Housing & Human Services Executive Director Vivian Ballou presented the “Back on Track Program” which allows the department to provide self sufficiency assistance to residents during these difficult economic times. She described the local need and the grants received from the federal stimulus fund as well as how the funds will be allocated. Mayor Gears asked several questions regarding the social service agencies in Irving and how they relate to this program. Councilman Van Duyne asked if other agencies can apply for funding. Mrs. Ballou assured that they can throughout the year. If an agency that was approved in the yearly process has not used all of the funds provided then these funds can be reallocated to another agency. Councilwoman Van Duyne noted that Big Brothers/Big Sisters has lost their grant obtained through the school districts and my need to apply. The Council agreed that this presentation does not include the additional employee positions funding that has been requested by the Housing and Human Services Department. Mrs. Ballou agreed and noted that she has moved some of her current staff into the Back On Track program. Mayor Gears noted that this program cannot run without adequate personnel and that this should be brought back for further discussion at the next work session. He noted that this department’s staff is funded by Federal dollars and not the municipal general fund. Councilman Smith stated that he is ready to approve staff if the City’s procedures have been followed. Councilwoman Van Duyne stated that she is interested in more of the funding going to the agencies rather than funding more personnel for the Housing and Human Service Department.

10

IHFC Board Meeting Mayor Gears adjourned the Work Session and opened the meeting of the Housing Finance Corporation.

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Minutes Acceptance: Minutes of Sep 23, 2009 11:00 AM (CONSENT AGENDA)

There were no changes to the calendar at this time.

2

City Council Work Session September 23, 2009

EXECUTIVE SESSION City Attorney Charles Anderson read the Mayor and Council into Executive Session at 3:52 PM. Legal Advice - City of Hugo v. Nichols, et al. Texas Open Meetings Act § 551.071 Resolution -- Awarding a Contract to Weir Bros., Inc., for the Texas Stadium Demolition Project Resolution -- Approving an Agreement Between the City of Irving and the Trinity River Authority to Provide Water and Wastewater Laboratory Analysis Services to Meet State Standards for the City of Irving, Texas Mayor Gears announced that the Council will now reconvene in Open Session. The time was 4:47 PM. The meeting was adjourned at 4:48 PM.

___________________________ Herbert A. Gears, Mayor

ATTEST: ______________________ Janice Carroll, TRMC City Secretary

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Minutes Acceptance: Minutes of Sep 23, 2009 11:00 AM (CONSENT AGENDA)

11

3

REGULAR MEETING OF THE IRVING CITY COUNCIL MEETING MINUTES September 24, 2009 ~

The City Council met in regular session in the Council Chambers of the City Hall Complex on Thursday, September 24, 2009. The following members were present / absent: Organization Irving City Council Irving City Council Irving City Council Irving City Council Irving City Council Irving City Council Irving City Council Irving City Council Irving City Council

Title Mayor Councilwoman Councilman Councilman Councilman Councilman Councilman Councilwoman Councilman

Status Present Present Present Present Absent Present Present Present Present

Arrived

ORGANIZATIONAL SERVICE ANNOUNCEMENTS Jennifer Wilson, Irving Arts Center, invited everyone to the Family Fun Day and Smithsonian exhibition entitled, NASA; it will be held this weekend on September 26-27, 2009 from 2-5. In addition, there will be a welcome ceremony and reception scheduled for Sunday, September 27, 2009, at 3:00 p.m. INVOCATION The invocation was delivered by Reverend R. Jones, First Christian Church of the City Of Irving. PLEDGE OF ALLEGIANCE Councilman Patrick led those present in the pledge. PROCLAMATIONS AND ANNOUNCEMENTS Proclamation: “The Big Read” Mayor Gears asked the following to come forward. Patty Landers, Director of the Library Services, Jan Bodnar, Community Relations Supervisor, Amanda Hipp, Senior Librarian, Dr. Jennifer Jackson, High School English Language Arts/Reading Coordinator at IISD, and Dr. Lea Bailey, Director of Learning Resources at IISD. Mayor Gears stated that the Bid Read is a community-wide reading event designed to revitalize the role of literature in the American culture. Mayor Gears stated that Irving’s Big Read begins on October 1 and will continue through October 31st. The Irving Library - in collaboration with other city departments, Irving schools and community organizations will host a variety of fun events for “The Big Read”. This year’s selected author is Edgar Allan Poe. He proclaimed October as Big Read month in the City of Irving.

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Minutes Acceptance: Minutes of Sep 24, 2009 7:00 PM (CONSENT AGENDA)

Attendee Name Herbert Gears Beth Van Duyne Allan Meagher Lewis Patrick Rick Stopfer Sam Smith Joe Philipp Rose Cannaday Thomas Spink

3

City Council Meeting September 24, 2009

Mayor Gears called the following forward: Officer Rosario Solis, Program coordinator and the Coaches for the PAL Program: Arnold Alejandro, Don Bolke, Jose Garcia, Robert Hernandez, Hector Vasquez, Sr. and Hector Vasquez Jr. Mayor Gears stated that the Irving Police Athletic League (PAL) was incorporated in 1992 as a nonprofit organization by volunteer police officers and private citizens. PAL supports kids through a regimented program of physical fitness and exposure to positive role models. The primary activities sponsored by PAL are boxing, wrestling, baseball and softball. The boxing program runs year round and it requires a commitment from both kids and adults. Mayor Gears presented each participant with a Certificate of Recognition.

CITY COUNCIL AGENDA 1

City Manager’s Strategic Plan Update A video was shown giving an update on the strategic goals. City Manager Tommy Gonzalez also thanked staff for their work on the 2009-10 fiscal year buget.

2

Ordinance No. ORD-2009-9117 -- Public Hearing and Adoption of the 2009-10 City of Irving Fiscal Year Budget Mayor Gears introduced the item and asked if anyone wished to speak in favor or opposition. Budget Administrator Bret Starr provided an overview of the proposed budget. There were no speakers. RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Lewis Patrick, Councilman

SECONDER:

Rose Cannaday, Councilwoman

AYES: Gears, Van Duyne, Meagher, Patrick, Smith, Philipp, Cannaday, Spink ABSENT: 3

Rick Stopfer

Ordinance No. ORD-2009-9118 -- Setting the 2009 Tax Rate and Levying the Tax As Required by the State of Texas Property Tax Code Mayor Gears introduced the item and asked if anyone wished to speak in favor or opposition. There were no speakers.

2

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Minutes Acceptance: Minutes of Sep 24, 2009 7:00 PM (CONSENT AGENDA)

Certificate of Recognition:

3

City Council Meeting September 24, 2009 RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Rose Cannaday, Councilwoman

SECONDER:

Sam Smith, Councilman

AYES: Gears, Van Duyne, Meagher, Patrick, Smith, Philipp, Cannaday, Spink

4

Rick Stopfer

Ordinance No. ORD-2009-9119 -- Adopting the 2009 City of Irving Tax Roll As Required by the State of Texas Property Tax Code Mayor Gears introduced the item and asked if anyone wished to speak on favor or opposition. There were no speakers. RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Sam Smith, Councilman

SECONDER:

Allan Meagher, Councilman

AYES: Gears, Van Duyne, Meagher, Patrick, Smith, Philipp, Cannaday, Spink ABSENT:

Rick Stopfer

CONSENT AGENDA The consent agenda items 5-33 were presented for approval. Mayor Gears stated that the following items would be pulled from the consent agenda and heard separately. Items. #11,#17,#21, #22, #24, #30, #31 and #32. Councilman Patrick moved to approve the consent agenda items 5-33, excluding items #11, #17,# 21, #22, #24, #30, #31 and #32. Seconded by Councilman Spink, the motion was approved by a vote of 8-0.

5

Approving Minutes for Wednesday, September 2, 2009

6

Approving Minutes for Wednesday, September 2, 2009

7

Approving Minutes for Thursday, September 3, 2009

8

Resolution No. RES-2009-402 -- Authorizing the Mayor to Represent the City of Irving in Members Meetings of The Las Colinas Association, Sign Proxy Statements, Vote for Directors, and Any Amendments to the Declarations Which May be Proposed

3

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Minutes Acceptance: Minutes of Sep 24, 2009 7:00 PM (CONSENT AGENDA)

ABSENT:

3

City Council Meeting September 24, 2009 RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Lewis Patrick, Councilman

SECONDER:

Thomas Spink, Councilman

AYES: Gears, Van Duyne, Meagher, Patrick, Smith, Philipp, Cannaday, Spink

9

Rick Stopfer

Resolution No. RES-2009-403 -- Authorizing Staff to Negotiate a Professional Services Contract with CTL/Thompson and Alpha Testing for the Annual Geotechnical Engineering and Construction Materials Testing and Inspection Contract

RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Lewis Patrick, Councilman

SECONDER:

Rose Cannaday, Councilwoman

AYES: Gears, Van Duyne, Meagher, Patrick, Smith, Philipp, Cannaday, Spink ABSENT: 10

Rick Stopfer

Resolution No. RES-2009-404 -- Authorizing Staff to Negotiate a Professional Services Contract with Jacobs Engineering Group, Inc., for the Engineering Design Associated with the O’Connor Road Reconstruction - Pioneer to Second Street Project

RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Lewis Patrick, Councilman

SECONDER:

Thomas Spink, Councilman

AYES: Gears, Van Duyne, Meagher, Patrick, Smith, Philipp, Cannaday, Spink ABSENT: 11

Rick Stopfer

Resolution No. RES-2009-405 -- Awarding a Contract to Weir Bros., Inc., for the Texas Stadium Demolition Project Mayor Gears introduced the item and asked if anyone wished to speak in favor or opposition of this item. Assistant Real Estate Director Doug Janeway gave a brief presentation regarding the bid award process.

4

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Minutes Acceptance: Minutes of Sep 24, 2009 7:00 PM (CONSENT AGENDA)

ABSENT:

3

City Council Meeting September 24, 2009 The following registered to speak in opposition of this item. Robert Elder, Attorney at Law, 5005 LBJ Freeway, Dallas, Texas and representing NASDI. LLC RESULT:

ADOPTED [7 TO 1]

MOVER:

Lewis Patrick, Councilman Rose Cannaday, Councilwoman

AYES:

Gears, Van Duyne, Meagher, Patrick, Smith, Philipp, Cannaday

NAYS:

Thomas Spink

ABSENT: 12

Rick Stopfer

Resolution No. RES-2009-406 -- Approving an Agreement Between the City of Irving and the Greater Irving-Las Colinas Chamber of Commerce to Provide Annual Funding for Economic Development Services for the City of Irving, Texas

RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Lewis Patrick, Councilman

SECONDER:

Allan Meagher, Councilman

AYES: Gears, Van Duyne, Meagher, Patrick, Smith, Philipp, Cannaday, Spink ABSENT: 13

Rick Stopfer

Resolution No. RES-2009-407 -- Approving a Sister Cities/International Trade Development and Assistance Center Services Contract with the Greater IrvingLas Colinas Chamber of Commerce

RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Lewis Patrick, Councilman

SECONDER:

Thomas Spink, Councilman

AYES: Gears, Van Duyne, Meagher, Patrick, Smith, Philipp, Cannaday, Spink ABSENT: 14

Rick Stopfer

Resolution No. RES-2009-408 -- Approving a Right-of-Entry and Construction Easement for the DART LRT Orange Line Project on Property Owned by BF Las Colinas, L.P.

5

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Minutes Acceptance: Minutes of Sep 24, 2009 7:00 PM (CONSENT AGENDA)

SECONDER:

3

City Council Meeting September 24, 2009

RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Lewis Patrick, Councilman

SECONDER:

Thomas Spink, Councilman

AYES: Gears, Van Duyne, Meagher, Patrick, Smith, Philipp, Cannaday, Spink

15

Rick Stopfer

Resolution No. RES-2009-409 -- Approving an Easement Purchase Contract with Sprint/United Management Company for the Acquisition of a 25-Foot Public Utility Easement Along State Highway 114 for the Relocation of Utilities Related to the TxDOT Highway Expansion Project

RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Lewis Patrick, Councilman

SECONDER:

Thomas Spink, Councilman

AYES: Gears, Van Duyne, Meagher, Patrick, Smith, Philipp, Cannaday, Spink ABSENT: 16

Rick Stopfer

Resolution No. RES-2009-410 -- Approving an Assignment of Contract of Sale to the City of Irving for the Acquisition of a Single-Family Residence Located at 506 Larry Drive - Sierra Plateau, Ltd., Assignor

RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Lewis Patrick, Councilman

SECONDER:

Thomas Spink, Councilman

AYES: Gears, Van Duyne, Meagher, Patrick, Smith, Philipp, Cannaday, Spink ABSENT: 17

Rick Stopfer

Resolution No. RES-2009-411 -- Approving an Assignment of Contract of Sale to the City of Irving for the Acquisition of a Single-Family Residence Located at 614 Westwood Drive - Sierra Plateau, Ltd., Assignor Mayor Gears introduced the item and asked if anyone wished to speak in favor or opposition. There were no speakers.

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Minutes Acceptance: Minutes of Sep 24, 2009 7:00 PM (CONSENT AGENDA)

ABSENT:

3

City Council Meeting September 24, 2009 Councilwoman Van Duyne noted her concern with the discrepancy in the land value and the sales price of the property. Assistant Director of Real Estate Services Doug Janeway explained the reasoning for paying this amount versus the cost of an eminent domain legal procedure.

RESULT:

ADOPTED [5 TO 3] Joe Philipp, Councilman

SECONDER:

Lewis Patrick, Councilman

AYES:

Meagher, Patrick, Smith, Philipp, Cannaday

NAYS:

Herbert Gears, Beth Van Duyne, Thomas Spink

ABSENT: 18

Rick Stopfer

Resolution No. RES-2009-412 -- Authorizing the Submission of an Application to the North Central Texas Council of Governments for Heavy-Duty Vehicle and Equipment Grant Program Funding for On-Board Electrification and Idle Reduction Infrastructure, and If Awarded, Authorizing the Mayor to Execute an Agreement with the North Central Texas Council of Governments

RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Lewis Patrick, Councilman

SECONDER:

Thomas Spink, Councilman

AYES: Gears, Van Duyne, Meagher, Patrick, Smith, Philipp, Cannaday, Spink ABSENT: 19

Rick Stopfer

Resolution No. RES-2009-413 -- Approving an Agreement Between the City of Irving and the Trinity River Authority to Provide Water and Wastewater Laboratory Analysis Services to Meet State Standards for the City of Irving, Texas

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Minutes Acceptance: Minutes of Sep 24, 2009 7:00 PM (CONSENT AGENDA)

MOVER:

3

City Council Meeting September 24, 2009 RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Lewis Patrick, Councilman

SECONDER:

Thomas Spink, Councilman

AYES: Gears, Van Duyne, Meagher, Patrick, Smith, Philipp, Cannaday, Spink

20

Rick Stopfer

Resolution No. RES-2009-414 -- Authorizing the Mayor to Accept American Recovery and Reinvestment Act Funding in the Amount of $937,605 from the U.S. Environmental Protection Agency

RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Lewis Patrick, Councilman

SECONDER:

Thomas Spink, Councilman

AYES: Gears, Van Duyne, Meagher, Patrick, Smith, Philipp, Cannaday, Spink ABSENT: 21

Rick Stopfer

Resolution No. RES-2009-415 -- Approving Amendment of the Irving Housing Finance Corporation Bylaws to Allow Purchase of Non-Foreclosure Property

RESULT:

ADOPTED [7 TO 1]

MOVER:

Lewis Patrick, Councilman

SECONDER:

Sam Smith, Councilman

AYES:

Gears, Meagher, Patrick, Smith, Philipp, Cannaday, Spink

NAYS:

Beth Van Duyne

ABSENT: 22

Rick Stopfer

Resolution No. RES-2009-416 -- Approving a Service Agreement Extension Between the City of Irving and the Irving Housing Finance Corporation Until September 30, 2010

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Minutes Acceptance: Minutes of Sep 24, 2009 7:00 PM (CONSENT AGENDA)

ABSENT:

3

City Council Meeting September 24, 2009 RESULT:

ADOPTED [7 TO 1]

MOVER:

Lewis Patrick, Councilman

SECONDER:

Rose Cannaday, Councilwoman

AYES:

Gears, Meagher, Patrick, Smith, Philipp, Cannaday, Spink

NAYS:

Beth Van Duyne

23

Rick Stopfer

Resolution No. RES-2009-417 -- Approving the City Arts Services Program as the Third Part of the Irving Arts Board’s New Financial Assistance Program

RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Lewis Patrick, Councilman

SECONDER:

Thomas Spink, Councilman

AYES: Gears, Van Duyne, Meagher, Patrick, Smith, Philipp, Cannaday, Spink ABSENT: 24

Rick Stopfer

Resolution No. RES-2009-418 -- Approving and Accepting the Bid of MartCaudle Corp dba Walnut Hill Wrecker for an Annual Contract to Provide Wrecker Service and Auto Pound Operation Mayor Gears introduced the item and asked if anyone wished to speak in favor opposition. Manager of Purchasing Ed Matthews gave a presentation on this item. The following registered to speak in opposition. David Fowler, Pro Tow, 1006 E. Main Street, Lewisville, Texas The following registered in support but did not wish to speak. Rick Chron, 261 Oakcreek Drive, McKinney, Texas

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Minutes Acceptance: Minutes of Sep 24, 2009 7:00 PM (CONSENT AGENDA)

ABSENT:

3

City Council Meeting September 24, 2009 RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Lewis Patrick, Councilman

SECONDER:

Sam Smith, Councilman

AYES: Gears, Van Duyne, Meagher, Patrick, Smith, Philipp, Cannaday, Spink

25

Rick Stopfer

Resolution No. RES-2009-419 -- Approving Purchase from Computer Tech for the Equallogic SAN Video Storage System through the State of Texas Department of Information Resources (DIR) Program

RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Lewis Patrick, Councilman

SECONDER:

Thomas Spink, Councilman

AYES: Gears, Van Duyne, Meagher, Patrick, Smith, Philipp, Cannaday, Spink ABSENT: 26

Rick Stopfer

Resolution No. RES-2009-420 -- Ratifying Emergency Award to Holt Cat for the Certified Power Train Rebuild of a Compactor

RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Lewis Patrick, Councilman

SECONDER:

Thomas Spink, Councilman

AYES: Gears, Van Duyne, Meagher, Patrick, Smith, Philipp, Cannaday, Spink ABSENT: 27

Rick Stopfer

Resolution No. RES-2009-421 -- Approving Addendum No. 1 to the Agreement with MeetingMatrix® International for Room Diagramming Software Unique to the Meeting Industry

10

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Minutes Acceptance: Minutes of Sep 24, 2009 7:00 PM (CONSENT AGENDA)

ABSENT:

3

City Council Meeting September 24, 2009 RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Lewis Patrick, Councilman

SECONDER:

Thomas Spink, Councilman

AYES: Gears, Van Duyne, Meagher, Patrick, Smith, Philipp, Cannaday, Spink

28

Rick Stopfer

Ordinance No. ORD-2009-9111 -- Final Reading - Approving a Negotiated Resolution Between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division Regarding the Company’s Rate Review Mechanism Filing in All Cities Exercising Original Jurisdiction

RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Lewis Patrick, Councilman

SECONDER:

Thomas Spink, Councilman

AYES: Gears, Van Duyne, Meagher, Patrick, Smith, Philipp, Cannaday, Spink ABSENT: 29

Rick Stopfer

Ordinance No. ORD-2009-9120 -- Amending Chapter 22 Entitled “Noise” of the Code of Civil and Criminal Ordinances of the City of Irving to Provide Specific Definitions and Enforcement of Noise Violations

RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Lewis Patrick, Councilman

SECONDER:

Thomas Spink, Councilman

AYES: Gears, Van Duyne, Meagher, Patrick, Smith, Philipp, Cannaday, Spink ABSENT: 30

Rick Stopfer

Ordinance No. ORD-2009-9121 -- Repealing Housing and Human Services Board Appointment and Supervision of the Executive Director Under Section 633 of Chapter 63 of The Code of Civil and Criminal Ordinances of the City of Irving, Texas Mayor Gears introduced the item and asked if anyone wished to speak in favor or against this item.

11

Packet Pg. 40

Minutes Acceptance: Minutes of Sep 24, 2009 7:00 PM (CONSENT AGENDA)

ABSENT:

3

City Council Meeting September 24, 2009 The following registered to speak in opposition of this item. Cynthia Faust, 400 Colony Ct. Jearlene Miller, 2801 N. Britain Road Phil Smith, 1802 Purtain Drive

Mayor Gears stated that he appreciates the work the board has done and assures the board that the Council values the Executive Director’s role and her role will remain the same. Councilman Philipp affirmed the commitment to the mission of the board and stated that the board’s duties will remain the same with the exception of the Executive Director. This will increase the effectiveness of the program. Councilman Smith also stated that this action will bring this program in line with the strategic goals. Councilwoman Cannaday also spoke in favor of this item.

RESULT:

ADOPTED [6 TO 2]

MOVER:

Sam Smith, Councilman

SECONDER:

Lewis Patrick, Councilman

AYES:

Gears, Meagher, Patrick, Smith, Philipp, Cannaday

NAYS:

Beth Van Duyne, Thomas Spink

ABSENT: 31

Rick Stopfer

Ordinance No. ORD-2009-9122 -- Amending the City of Irving General Obligation Bonds, Series 2007 to Reallocate $2,255,000 Fire Facilities Bond Proceeds to Library Facilities Purposes Mayor Gears introduced the item and asked if anyone wished to speak in favor or opposition. Councilwoman Van Duyne asked for a presentation on this item Budget Administrator Bret Starr stated that Items #31 and #32 are companion items as they both deal with the reallocation of bond funds from different issuances. He then explained the process. Councilwoman Van Duyne also asked when the library bonds were approved. Mr. Starr stated that the library bonds were approved in 2006.

12

Packet Pg. 41

Minutes Acceptance: Minutes of Sep 24, 2009 7:00 PM (CONSENT AGENDA)

The following registered in opposition of this item, but did not wish to speak. Clarence Banks, 4400 Westminster Drive Linda Banks, 4400 Westminster Drive

3

City Council Meeting September 24, 2009 RESULT:

ADOPTED [7 TO 1]

MOVER:

Rose Cannaday, Councilwoman

SECONDER:

Sam Smith, Councilman

AYES:

Gears, Van Duyne, Meagher, Smith, Philipp, Cannaday, Spink

NAYS:

Lewis Patrick

32

Rick Stopfer

Ordinance No. ORD-2009-9123 -- Amending the City of Irving General Obligation Bonds, Series 2008 to Reallocate $1,580,000 Fire Factilities Bond Proceeds to Library Facilities Purposes Mayor Gears introduced the item and asked if anyone wished to speak in favor or opposition. There were no speakers. Councilman Patrick stated that he is in favor of building Firehouse #4 at the original location on MacArthur Boulevard.

RESULT:

ADOPTED [7 TO 1]

MOVER:

Rose Cannaday, Councilwoman

SECONDER:

Allan Meagher, Councilman

AYES:

Gears, Van Duyne, Meagher, Smith, Philipp, Cannaday, Spink

NAYS:

Lewis Patrick

ABSENT: 33

Rick Stopfer

Ordinance No. ORD-2009-9124 -- Budget Adjustment to the 2008-09 Fiscal Year Budget

RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Rose Cannaday, Councilwoman

SECONDER:

Sam Smith, Councilman

AYES: Gears, Van Duyne, Meagher, Patrick, Smith, Philipp, Cannaday, Spink ABSENT:

Rick Stopfer

13

Packet Pg. 42

Minutes Acceptance: Minutes of Sep 24, 2009 7:00 PM (CONSENT AGENDA)

ABSENT:

3

City Council Meeting September 24, 2009

APPOINTMENTS AND REPORTS 34

Resolution No. RES-2009-422 -- Appointments to the Dallas County Utility and Reclamation District to Fill Two Four-Year Terms Expiring October 2013

Councilman Smith moved that the following appointments be made to the Dallas County Utility and Reclamation District - Robert Power and Charles Cotten to four year terms expiring October 1, 2013. Seconded by Councilman Patrick, the motion was approved by a vote of 8-0. RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Sam Smith, Councilman

SECONDER:

Lewis Patrick, Councilman

AYES: Gears, Van Duyne, Meagher, Patrick, Smith, Philipp, Cannaday, Spink ABSENT:

35

Rick Stopfer

Mayor’s Report Mayor Gears stated that a video would be shown for the Mayor’s report.

36

Adjournment The meeting adjourned at 8:45 p.m.

14

Packet Pg. 43

Minutes Acceptance: Minutes of Sep 24, 2009 7:00 PM (CONSENT AGENDA)

Mayor Gears introduced the item and asked if anyone wished to speak in favor or opposition.

3

City Council Meeting September 24, 2009

`Citizens’ Forum George Stephenson, 2105 Druid Drive, addressed the Mayor and Council regarding grass and trash deliberately blown into our streets. He asked that notices be sent to residents who do this.

Minutes Acceptance: Minutes of Sep 24, 2009 7:00 PM (CONSENT AGENDA)

Jesse Caviness, 1906 Dennis Street, asked that a school crossing guard be assigned to Hillcrest Street at Anderson. He stated that his daughter attends Brandenburg Elementary school; and until this year there has always been a cross guard at this intersection.

Herbert Gears, Mayor

ATTEST:

Janice Carroll, TRMC City Secretary

15

Packet Pg. 44

4

AGENDA ITEM SUMMARY Meeting: 10/8/2009 Recommending Department: Police

DOC ID: 2925 LSR No:

Resolution -- Approving and Adopting the Tarrant County 9-1-1 District 2009-10 Annual Budget Administrative Comments 1. This item supports Strategic Goal No. 4: Safe and Secure City. 2. Impact: Approval of this annual budget by member cities will allow the Tarrant County 9-1-1 District to increase Wireless 9-1-1 reliability through continued wireless accuracy testing, testing of new wireless devices and services, and expansion of Wireless one-on-one training in PSAP’s. 3. The Tarrant County 9-1-1 District is requesting its members to approve and adopt the district’s annual operating budget for 2009-10. District boundaries include all of Tarrant County, all areas outside Tarrant County included in the corporate limits of a member city, plus DFW International Airport and the City of Irving. 4. The Tarrant County 9-1-1 District Board of Managers approved the 2009-10 annual operating budget at their board meeting on July 20, 2009. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: N/A Previous Action: N/A

Review Completed By: N/A Council Action: N/A

ATTACHMENTS: RES TC911 2010 budget (PDF) CURRENT YEAR FINANCIAL IMPACT: None REVISION INFORMATION: Prepared: 9/10/2009 02:05 PM by Darlene Jenkins Last Updated: 9/30/2009 08:04 AM by Belinda Rowlett

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4

CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2925)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I.

THAT the City Council hereby approves and adopts the attached Tarrant County 9-1-1 District 2009-2010 Annual Budget.

SECTION II.

THAT this resolution shall take effect from and after its final date of passage, and it is accordingly so ordered.

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on October 8, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

Packet Pg. 46

Attachment: RES TC911 2010 budget (2925 : 04 TC911 Budget)

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2009-2010 Annual Budget Approved by the Board of Managers July 20, 2009

Prepared by: Greg Petrey, Executive Director

Tarrant County 9-1-1 District 2600 Airport Freeway • Fort Worth, Texas 76111 817-334-0911 • www.tc911.org

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4.a

TARRANT COUNTY 9-1-1 DISTRICT 2009-2010 BUDGET Executive Summary

• • •

•

Continued emphasis on increasing Wireless 9-1-1 reliability through continued wireless accuracy testing, testing of new wireless devices and services and expansion of Wireless one-on-one training in PSAPs Continued efforts to assist in reducing the personnel costs of member PSAPs through assistance in recruitment, prehiring testing, training and retention programs for 9-1-1 call takers. A focus on Contingency and Continuation of Operations through proof of concept on our Regional Relocation Site strategy and an expanded program for onsite power support to enhance the ability of PSAPs to remain in their primary facility and sustain normal operations during limited commercial power failure incidents Planned progress on Next Generation 9-1-1 through continued interaction with our user base, proof of concept projects, development of an IP enabled network, and upgrades to Customer Premises Equipment that support migration to NG911

9-1-1 District Background The establishment of the Tarrant County 9-1-1 District was authorized by the State Legislature and ratified by voters in 1985 for the purpose of implementing and maintaining an Enhanced 9-1-1 emergency call network for residents of the District. Service was established in August 1987. District boundaries include all of Tarrant County, all areas outside Tarrant County included in the corporate limits of a member city, plus DFW Airport and the City of Irving.

District Management As defined in the legislation, the District is governed by a Board of Managers, who appoints an Executive Director. Current board members and their appointing authority include: Member Jim Austin (Chair) Sam Greif Robin Paulsgrove (Vice-Chair) Rick Brunson (Secretary) Harry Jeffries Larry Boyd Dick Fregoe (Treasurer) Adam Thorne (non-voting)

Appointed By Fort Worth Fort Worth Arlington Tarrant County Mayors’ Council Irving Grand Prairie AT&T

Packet Pg. 48

Attachment: RES TC911 2010 budget (2925 : 04 TC911 Budget)

The 2009-2010 Budget has been crafted to support the District’s forward movement in a number of critical areas.

4.a

2009-2010 Overview An excess of revenues over expenditures in 2008-2009 will result in an increase in the equipment replacement fund of over $2,000,000 by the end of the fiscal year September 30, 2009. The long anticipated upgrade to our ACD sites and installation of several Next Generation Capable PSAPs will necessitate an equipment replacement fund transfer of $8,433,358, leaving an estimated $10.3 million remaining in the equipment replacement fund at the close of the year.

Currently, a push is underway among the larger districts in Texas to implement “Next Generation” 9-1-1 (NG9-1-1) services, which recognizes the growing number of callers, both residential and commercial, that have switched their phone service completely to internet-based telecommunications services and/or converged wireless and VoIP services. Limitations of the current network and database platforms were exposed when wireless callers were added to the 9-1-1 network over the past 15 years. The telecommunications industry (both wireline and wireless) is moving rapidly from circuit switched technology to Voice over Internet Protocol (VoIP). It is widely accepted that the existing 9-1-1 technology based on circuit-switched networks and a database of static ALI records will not be able to support emerging technologies such as text messaging, social media and video services.

Packet Pg. 49

Attachment: RES TC911 2010 budget (2925 : 04 TC911 Budget)

The 9-1-1 service itself, being directly impacted by changing technology, has continuously re-invented itself, from early enhanced 9-1-1 through the explosive growth of mobile wireless phones. The Tarrant County 9-1-1 District has been able to remain on the cutting edge and has invested heavily in meeting requirements of changing telecommunications. While 9-1-1 networks that do not accommodate wireless callers still exist across the nation, the Tarrant County 9-1-1 District is part of the 48% of the nation currently providing its PSAP’s with location and call-back data from wireless callers. In 2008, wireless calls accounted for more than 72% of all 9-1-1 calls answered by our member entities.

4.a

2008-2009 PERFORMANCE Revenues During the past five fiscal years, the landline revenues have declined at a rate of about 1% per year, most likely the result of conversion by customers to wireless-only service and disconnecting their landline phones, partially offset by the overall healthy economic growth of most areas of the District. The 2004-2005 year, however, saw more dramatic decreases in landline revenues, obviously the result of more substantial movement to VoIP services. In recent years this decline appeared to be stabilizing. However, with the current economic condition, more and more families are becoming wireless-only households; resulting in estimated five percent decreases landline revenue over the past year.

Attachment: RES TC911 2010 budget (2925 : 04 TC911 Budget)

Wireless revenues have experienced a healthy increase, and this trend is projected into the future, even though it is slowing slightly. Whereas wireless surcharges were first adopted in 1997, since 2001 they have surpassed landline revenues and the margin between the two forms of revenue continues to increase.

LANDLINE AND WIRELESS REVENUES September 30, 2006 to September 30, 2008 Revenues 900,000 850,000 800,000 750,000 700,000 650,000 600,000 550,000 500,000 450,000 400,000 350,000 300,000 250,000 200,000 150,000 100,000 50,000

9/ 30 /0 6 10 /3 0/ 06 11 /3 0/ 06 12 /3 0/ 06 1/ 30 /0 7 2/ 28 /0 7 3/ 30 /0 7 4/ 30 /0 7 5/ 30 /0 7 6/ 30 /0 7 7/ 30 /0 7 8/ 30 /0 7 9/ 30 /0 7 10 /3 0/ 07 11 /3 0/ 07 12 /3 0/ 07 1/ 30 /0 8 2/ 29 /0 8 3/ 30 /0 8 4/ 30 /0 8 5/ 30 /0 8 6/ 30 /0 8 7/ 30 /0 8 8/ 30 /0 8 9/ 30 /0 8

0

Dates

Landline

Wireless

Packet Pg. 50

4.a

Funding Legislation under which the District was created authorizes the District to receive a monthly per-line fee from each telephone customer of up to six percent of the telephone service provider's base rate. The following monthly 9-1-1 service fees on each telephone line remain at the amount they were initially assessed in 1985: Residential lines: Business lines: Business trunks: Nomadic VoIP:

.20 per line .46 per line .74 per trunk .50 per line

Expenditures The last equipment upgrade program has been completed at all centers with the exception of Arlington and Fort Worth. The equipment upgrade projects for these two largest answering points have been rescheduled pending resolution of technical issues involving automated call distribution (ACD) functionality that is essential at these large call centers. This rescheduling accounts for about $5,000,000 of the District’s equipment replacement fund. Salary costs for 2008-2009 were lower than budgeted, due to staff vacancies and a decrease in health insurance premiums. Some anticipated software purchases have been deferred as a cost savings initiative. The following are highlights of expenditures for the 2009-2010 fiscal year: •

Expenditures for “Enhancements” including growth, moves, and changes for our member cities’ PSAP’s.

•

An increased focus on uninterruptible power support for PSAPs to increase sustainability during commercial power failures

•

An expanded training program and assistance with pre-hiring testing to support call taker retention at participating PSAPs

•

Next Generation projects to include an IP enabled network and joint efforts directed at the cooperative procurement of a regional NG9-1-1 system.

•

A 3.6% merit pool is included, based upon recommendations by the District’s compensation consultant

Packet Pg. 51

Attachment: RES TC911 2010 budget (2925 : 04 TC911 Budget)

In addition to the fee established by the Board of Managers, the District also receives a portion of the statewide surcharge on wireless telephone service. The surcharge is assessed at 50 cents per activated handset and is distributed to 9-1-1 jurisdictions based upon population.

4.a

2009-2010 BUDGET SUMMARY 2008-2009 ESTIMATED

2009-2010 BUDGET

Revenue Transfer from Equipment Replacement Fund

$11,487,000

$12,473,589 $11,726,000

$ 1,394,362

$ 8,433,358

Total Revenue

$12,881,362

$12,473,589 $20,159,358

Expenditures Personal Services Supplies/Materials Furniture/Equipment Services/Rentals Total Expenditures

$ 1,653,521 $ 155,750 $ 278,950 $10,793,141 $12,881,362

$ 1,559,779 $ 35,007 $ 58,351 $ 8,003,729 $ 9,656,866

Transfer to Equipment Replacement Fund

$

0 $ 2,816,723

$ 1,724,502 $ 119,315 $ 113,600 $18,201,941 $20,159,358

$

0

Personal Services District compensation is based upon an eleven-step pay schedule developed and updated through a compensation consultant. In addition to the compensation “bands” that were originally developed, the consultant provides an annual recommendation for adjustment to the bands and overall allowance for merit increases, based upon recent market data. For the 2009-10 fiscal year, the consultant recommends an adjustment to the pay bands within the compensation schedule of 2% and an overall allowance for merit of 3.6%. The District selected Principal as its health benefits provider for the July 1, 2009 - June 30, 2010 timeframe. For the first time in 4 years our insurance premiums have increased. Plan benefits have been reduced in order to limit the increase to just over 10%. 5110 5120 5130 5132 5133 5150

Salaries Health Insurance Retirement Benefits Medicare Social Security Worker's Comp Total Personal Services

$1,284,950 $240,289 $173,553 $18,570 $1,440 $5,700 $1,724,502

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Attachment: RES TC911 2010 budget (2925 : 04 TC911 Budget)

2008-2009 BUDGET

4.a

Supplies and Materials Expenditures in this budget category provide for purchase of expendable office supplies, postage, software, and reference materials. 5210 5220 5230 5240 5250

Office Supplies (Other Supplies) Printing Postage Maps and Materials - Data Software Total Supplies and Materials

$44,540 $2,200 $3,300 $14,150 $55,125 $119,315

Office equipment funding includes replacement equipment, such as PC’s, a server, firewall, printer, scanner, blackberry’s and COOP plan hardware. The replacement of many computer related items were delayed until we moved into our new headquarters.

5310 5311 5320 5321

Office Furniture PSAP Furniture Office Equipment PSAP Equipment Total Furniture and Equipment

$8,700 $11,000 $68,900 $25,000 $113,600

Services and Rentals Through our membership in the Texas 9-1-1 Alliance, the District utilizes the services of Mike Tomsu of Vinson and Elkins, Austin, TX, for legal services including negotiation with service providers, both wireless and landline, and for review and preparation of collaborative contracts. The Districts who are members of the Texas 9-1-1 Alliance also share the cost of Richard Muscat for regulatory representation in Austin. Locally, the firm of Taylor, Olson, Adkins, Sralla, and Elam provides advisory services to the director and the board. “Other services” includes all consultant agreements and services. Language Line, which the District subscribes to on behalf of all member PSAP entities, allows call-takers to quickly conference non-English-speaking callers to an appropriate language interpreter at no cost to our member cities. The District has also agreed to participate in a program with the Tarrant Appraisal District to participate in a product called Pictometry, which enhances the capabilities of aerial photography to provide a better, more useful product for public safety. The District’s portion of the costs for 2009-2010 will be $150,000, and it is included in “Other Services.” The District also purchases data files and comparisons from the telephone company under the “Other Services” category, as well as consulting services ranging from legislative advisory services to computer network services.

Packet Pg. 53

Attachment: RES TC911 2010 budget (2925 : 04 TC911 Budget)

Furniture and Equipment

4.a

Expenditures under Utilities, 9-1-1 Service, include monthly recurring charges for existing customer premises equipment, data base services, network services, and other services. Expenditures under 9-1-1 Enhancements provides for additional upgrades and installations to be funded during the 2009-2010 year, and Wireless Costs provides funding for monthly recurring charges for wireless 9-1-1 service from three wireless service providers. Legal Professional Audit Equipment Maintenance Contract & Other Services Professional Development/Training Building Improvements – Repairs Building Utilities Total Contractual Services

5422 5423 5424 5425

Equipment Lease Back-Up Site Lease Back-Up Site Fuel Back-Up Site Maintenance Total Lease Payments

5431 Auto Allowance 5432 Travel/Restaurant Total Travel and Auto

5441 Professional Memberships 5442 Subscriptions Total Memberships and Subscriptions

5451 5452 5453 5454 5456

Office Telephone 9-1-1 Telephone Service 9-1-1 Enhancements PS 9-1-1 Service Wireless 9-1-1 Service Total Utilities

5460 Insurance Total Insurance 5472 Pub. Ed. Products/Services 5473 Pub. Ed. Printing 5474 Pub. Ed. Activities Total Advertising Total Expenses Equipment Replacement Fund Gain (Loss)

35,000 9,500 17,020 1,906,221 83,100 112,000 82,650 $2,245,491

Attachment: RES TC911 2010 budget (2925 : 04 TC911 Budget)

5411 5412 5414 5415 5416 5418 5419

$3,562 $8,000 $1,500 $1,000 $14,062

$45,600 $100,100 $145,700

$9,267 $14,209 $23,476

$10,500 $5,743,596 $8,773,000 $24,000 $891,796 $15,442,892 $18,210 $18,210 $91,260 $79,100 $141,750 $312,110 $20,159,358 $0

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2009-2014 FUND BALANCE PROJECTION

District fund balances are divided into two “funds.” The first is a “Contingency Reserve Fund,” which allows for meeting unanticipated needs and is set at $500,000.

Fund Balance, September 30, 2008 Projected surplus (deficit), 2008-2009 Projected Fund Balance, September 30, 2009 Operating Reserve Available Equipment Replacement Fund

$16,669,182 $2,642,000 $19,311,182 ($500,000) $18,811,182

Anticipated Replacement Fund Needs 2009-2010 (Next generation upgrade, Phase 2) 2010-2011 (Next generation upgrade, Phase 3) 2011-2012 (Next generation upgrade, Phase 4) 2012-2013 (Begin rebuilding equipment fund) Projected Replacement Fund Balance (YE2013)

($8,433,358) ($6,722,589) ($6,682,676) $362,998 ($2,664,443)

Attachment: RES TC911 2010 budget (2925 : 04 TC911 Budget)

The second reserve category is “Reserve for Enhancements,” which provides for investment in the next generation of system improvements. While the actual cost of the next generation is unknown at this time, it is essential to the future of 9-1-1 service in the District to prepare for the nonrecurring costs that are likely to begin within the next three to four years. The District is taking appropriate steps to ensure adequate funding is available.

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DISTRICT GOALS and OBJECTIVES

MAINTAIN Tarrant County 9-1-1 District high profile in state and national arenas in order to provide a voice to member entities in matters affecting 9-1-1 call delivery.

2. Continue leadership roles in industry associations and committees. • Wanda McCarley, Past-President – APCO International • Richard Atkins, NENA Standards and NG9-1-1 Committees • Bill Horne, NENA Standards, ESIF and NG9-1-1 Committees • Kevin Kleck, NENA Standards and NG9-1-1 Committees • Greg Petrey, Secretary and Webmaster – Texas 9-1-1 Alliance • Yui Skulpoonkitti, North Texas GIS Coordinating Council, Tarrant County College GIS Advisory Board, NENA Operational Information (OID) Committee on Synchronizing GIS with MSAG and ALI data and Texas 9-1-1 GIS Working Group • Alisa Simmons, NENA Public Education Committee 3. Continue to provide expert testimony to State and Federal Legislative bodies, as needed.

MAINTAIN robust call-delivery network for entire district in order to minimize and/or eliminate down time due to service interruptions. 1. Evaluate future CPE needs and upgrades at all sites. 2. Test contingency plan at least annually. 3. Implement, test and evaluate additional backup and contingency alternatives including additional UPS support for PSAPs. 4. Test all existing back-up sites at least annually. 5. Continue evaluation and preparation for next generation system by continuing Technical Operations Advisory Committee meetings each quarter and the NG9-1-1 Working Group meetings every 6 months.

MAINTAIN strong outreach programs to educate public, public officials, and PSAP personnel on 9-1-1 related issues. 1. Maintain and expand District website with public information as well as secure sites for PSAPs and Providers. 2. Publish District Newsletter at least quarterly. 3. Publish an Annual Report of District activities and accomplishments. 4. Evaluate and implement an expanded training program utilizing internal, external and contract trainers.

Packet Pg. 56

Attachment: RES TC911 2010 budget (2925 : 04 TC911 Budget)

1. Continue to provide comment on all PUC and FCC proceedings affecting this District and its constituents. File comments on the NPRM at the FCC to assure that regulatory decisions regarding competition in the 9-1-1 service provider role serve the best interests of the District and our constituencies.

4.a

5. Expand the use of on-line training and training video/CD. 6. Maintain media interest in public recognition of Telecommunicators and civilian “heroes” to provide total coverage of all events. 7. Continue the “Road Show” wireless training program to assure all call-takers are provided hands-on training for wireless location accuracy. 8. Introduction of the new wireless mascot - Cell Phone Sally

MAXIMIZE the quality of the 9-1-1 database. 1. Continue to monitor database on a daily basis and report findings monthly.

3. Continue efforts to “clean” the database of unnecessary records and duplicates. 4. Implement VDB/ERDB to enhance the routing and location accuracy on 9-1-1 calls from users of Internet phone services (VoIP).

IMPROVE the quality of location data from wireless phone providers for callers utilizing wireless devices to summon emergency assistance through 9-1-1. 1.

Continue Phase II wireless testing. • Document test results. • Provide individual report to each wireless carrier. • Publish report on this testing (print and website).

2.

Continually “retest” to validate data and report findings.

IMPROVE the quality of ALI data from VoIP phones and Wireless/VoIP converged services. 1.

Continue VoIP and converged service testing. • Document. • Publish report on this testing (print and website). • Provide better training material for call takers.

2.

Continually “retest” to validate data and report findings.

Packet Pg. 57

Attachment: RES TC911 2010 budget (2925 : 04 TC911 Budget)

2. Maintain on-going emphasis in reducing Record Not Found database returns.

4.a

Tarrant County 9-1-1 District Statement of Net Assets and Governmental Fund Balance Sheet September 30, 2008

ASSETS Cash and investments Service Fees receivable Prepaid Expenses Net pension asset Depreciable capital assets, net

Total assets

LIABILITIES Accounts payable Long-term liabilities: Due within one year Due in more than one year Total liabilities

Adjustments

Statement of Activities

$ 15,259,829 $ 1,026,833 $ 519,655 $ $ -

$ $ $ $ $

173,535 1,976,122

$ 15,259,829 $ 1,026,833 $ 519,655 $ 173,535 $ 1,976,122

$ 16,806,327

$

2,149,657

$ 18,955,984

$

20,416

$

-

$

20,416

$ $

-

$ $

58,053 232,211

$ $

58,053 232,211

$

20,416

$

290,264

$

310,680

FUND BALANCE/NET ASSETS Fund Balance: Unreserved, undesignated

$ 16,785,911

$ (16,785,911)

$

-

Total Fund Balance

$ 16,785,911

$ (16,785,911)

$

-

Total liabilities and fund balance

$ 16,806,327

$ 1,979,122 $ 16,669,182

$ 1,979,122 $ 6,669,182

$ 18,645,304

$ 18,645,304

Net Assets Invested in capital assets Unrestricted Total net assets

Attachment: RES TC911 2010 budget (2925 : 04 TC911 Budget)

General

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4.a

2009-2010

2010-2011

Estimated Beginning Fund Balance

$18,811,182

$10,377,824

REVENUES Wireline Service Fee Wireless Service Fee Interest Income Total Revenue

$3,106,000 $8,500,000 $120,000 $11,726,000

2012-2013

2013-2014

$3,655,235

-$3,027,440

-$2,664,442

$3,074,940 $8,925,000 $120,000 $12,119,940

$3,044,191 $9,371,250 $120,000 $12,535,441

$3,013,749 $9,839,813 $120,000 $12,973,561

$2,983,611 $10,331,803 $120,000 $13,435,414

$1,284,950 $240,289 $173,553 $18,570 $1,440 $5,700 $1,724,502

$1,336,348 $276,332 $180,495 $19,313 $1,498 $5,928 $1,819,914

$1,389,802 $317,782 $187,715 $20,085 $1,558 $6,165 $1,923,107

$1,445,394 $365,450 $195,224 $20,889 $1,620 $6,412 $2,034,987

$1,503,210 $420,267 $203,032 $21,724 $1,685 $6,668 $2,156,586

Supplies and Materials Office Supplies (Other Supplies) Printing Postage Maps and Materials - Data Software Total Supplies and Materials

$44,540 $2,200 $3,300 $14,150 $55,125 $119,315

$45,876 $2,266 $3,399 $14,575 $56,779 $122,894

$47,252 $2,334 $3,501 $15,012 $58,482 $126,581

$48,670 $2,404 $3,606 $15,462 $60,237 $130,379

$50,130 $2,476 $3,714 $15,926 $62,044 $134,290

Furniture & Equipment Office Furniture PSAP Furniture Office Equipment PSAP Equipment Total Furniture and Equipment

$8,700 $11,000 $68,900 $25,000 $113,600

$8,961 $11,330 $239,952 $25,750 $285,993

$9,230 $11,670 $247,151 $26,523 $294,573

$9,507 $12,020 $254,565 $27,318 $303,410

$9,792 $12,381 $262,202 $28,138 $312,512

$35,000 $9,500 $17,020 $1,906,221 $83,100 $112,000 $82,650 $2,245,491

$36,050 $9,785 $17,531 $1,963,408 $85,593 $40,000 $85,130 $2,237,496

$37,132 $10,079 $18,057 $2,022,310 $88,161 $41,200 $87,683 $2,304,621

$38,245 $10,381 $18,598 $2,082,979 $90,806 $42,436 $90,314 $2,373,759

$39,393 $10,692 $19,156 $2,145,469 $93,530 $43,709 $93,023 $2,444,972

Lease Payments Equipment Lease Backup Site Lease Backup Site Fuel Backup Site Maintenance Subtotal Lease Payments

$3,562 $8,000 $1,500 $1,000 $14,062

$3,669 $8,240 $1,545 $1,030 $14,484

$3,779 $8,487 $1,591 $1,061 $14,918

$3,892 $8,742 $1,639 $1,093 $15,366

$4,009 $9,004 $1,688 $1,126 $15,827

Travel & Auto Auto Allowance Travel/Restaurant Subtotal Travel and Auto

$45,600 $100,100 $145,700

$51,000 $103,103 $154,103

$51,000 $106,196 $157,196

$51,000 $109,382 $160,382

$51,000 $112,663 $163,663

EXPENDITURES Personal Services Salaries Health Insurance Retirement Benefits Medicare Social Security Worker's Comp Total Personal Services

Contractual Services Legal Professional Audit Equipment Maintenance Contract & Other Services Professional Development/Training Building Improvements -Repairs Building Utilities Subtotal Contractual Services

2011-2012

Packet Pg. 59

Attachment: RES TC911 2010 budget (2925 : 04 TC911 Budget)

TARRANT COUNTY 9-1-1 FIVE-YEAR FUNDING PROJECTION

Memberships & Subscriptions Professional Memberships Subscriptions Subtotal Memberships and Subscriptions

$9,267 $14,209 $23,476

$9,545 $14,635 $24,180

$9,831 $15,074 $24,906

$10,126 $15,527 $25,653

$10,430 $15,992 $26,422

$10,500 $5,743,596 $8,773,000 $24,000 $891,796 $15,442,892

$10,815 $5,915,904 $7,000,000 $24,720 $891,796 $13,843,235

$11,139 $6,093,381 $7,000,000 $25,462 $891,796 $14,021,778

$11,474 $6,276,182 $0 $26,225 $891,796 $7,205,678

$11,818 $6,464,468 $0 $27,012 $891,796 $7,395,094

$18,210 $18,210

$18,756 $18,756

$19,319 $19,319

$19,899 $19,899

$20,496 $20,496

$91,260 $79,100 $141,750 $312,110

$93,998 $81,473 $146,003 $321,473

$96,818 $83,917 $150,383 $331,117

$99,722 $86,435 $154,894 $341,051

$102,714 $89,028 $159,541 $351,283

Total Services and Rentals

$18,201,941

$16,613,727

$16,873,855

$10,141,787

$10,417,757

Total Expenses

$20,159,358

$18,842,529

$19,218,116

$12,610,563

$13,021,145

Reserve Gain (Loss)

($8,433,358)

($6,722,589)

($6,682,676)

$362,998

$414,269

Ending Fund Balance

$10,377,824

$3,655,235

($3,027,440)

($2,664,442)

($2,250,173)

Utilities Office Telephone 9-1-1 Telephone Service 9-1-1 Enhancements PS 9-1-1 Service Wireless 9-1-1 Service Subtotal Utilities Insurance Property and Liability Insurance Subtotal Insurance Advertising Pub. Ed. Products/Services Pub. Ed. Printing Pub. Ed. Activities Subtotal Advertising

Packet Pg. 60

Attachment: RES TC911 2010 budget (2925 : 04 TC911 Budget)

4.a

5

AGENDA ITEM SUMMARY Meeting: 10/8/2009 Recommending Department: Police

DOC ID: 2939 LSR No: 10092

Resolution -- Approving a Contract Between the City of Irving and the Texas Workforce Commission for Access to the TWC Web-Based Information Site Administrative Comments 1. This item supports Strategic Goal No. 4: Safe and Secure City. 2. Impact: Approval of this contract will allow police investigators to locate individuals who cannot be found via another source. 3. The contract period begins on June 1, 2009, and expires on May 31, 2012. 4. Funding in the amount of $4,575.00 is available in the General Fund. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: Yes Previous Action: N/A

Review Completed By: Jennifer Richie Council Action: Approval 8/25/05

ATTACHMENTS: RES TWC

(PDF)

CURRENT YEAR FINANCIAL IMPACT: 1001-0461-56401-200

Budget: $4,575.00

Actual: $4,575.00

Budget Adjustment/Transfer Required: No REVISION INFORMATION: Prepared: 9/16/2009 01:37 PM by Darlene Jenkins Last Updated: 10/2/2009 11:05 AM by Jennifer Dwyer

Packet Pg. 61

5

CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2939)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I.

THAT the City Council hereby approves the attached agreement between the City of Irving and the Texas Workforce Commission for access to the TWC web-based information site in the amount of $4,575.00, and the Mayor is authorized to execute said agreement.

SECTION II.

THAT this expenditure shall be charged to Account No. 1001-0461-56401-200.

SECTION III.

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 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on October 8, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

Packet Pg. 62

5.a

Attachment: RES TWC (2939 : 04 TWC Agreement)

TEXAS WORKFORCE COMMISSION OPEN RECORDS CONTRACT

OpenRecordsContract

TWC ContractNumber: 2909PER165 Page 1 of 6

Packet Pg. 63

TEXAS WORKFORCE COMMISSION OPEN RECPRDS CONTRACT

5.a

TABLE OF CONTENTS

GeneralTermsand Conditions Section 1 Purposeand Legal Authority Section2 AdministrativeReauirements Section3 Amendmentsand Tennination Section4 Breachof Agreement Protectinethe ConfidentialitYof Records Section5

AttachmentAl

TWC User Infonnation SecurityAu:reement

AttachmentA2 AttachmentA3 AttachmentA4

OpenRecordsContract

I

~~LWork

I

RateSchedulefor Online Access

! Protection of Confide ntiali tv

I

Attachment: RES TWC (2939 : 04 TWC Agreement)

-ProjectObligations

Attachment A -

- 20 CFR 603.9

TWC Data SecurityPolicy

TWC ContractNumber: 2909PER165 Page2 of 6 Packet Pg. 64

TEXAS WORKFORCE COMMISSION OPEN RECPRDS CONTRACT

5.a

TEXAS WORKFORCECOMMISSION OPENRECORDSCONTRACT

1.

This contractsetsforth the responsibilitiesand obligationsof the TexasWorkforce Commission (hereinafterreferredto asAgency) andthe Party or Partiesidentified on the cover page (hereinafterreferredto as Recipient)pursuantto Section301.061and 302.002(c)of the Texas Labor Codewith respectto Agency'sprovision of proprietaryinfornlation to the identified party(ies). The specific responsibilitiesand obligationsof the partiesare setforth in Attachment A.

.2

Subjectto certainlimitations, the lnterlocal CooperationAct (TexasGovernmentCode,Chapter 791) authorizesRecipientto enterinto contractsfor serviceswith governmentalentities, including stateagencies.

SEcnON 2 - Administrative Requirements

2.

This contractshall be construed,interpretedand appliedin accordancewith the laws of Texas, excluding its choiceof law rules.

2.2

If any law of the United Statesor of the Stateof Texascontravenesor invalidatesany provision of this contract,this contractshall be construedto void that specificprovision without affecting the remainingprovisionsof this contractor the rights and obligationsof the parties.

2.3

Recipientagreesto notify Agency in writing within ten (10) daysin the eventof any significant changeaffecting RecipientandRecipient'sidentity, suchas ownershipor control, namechange, governingboardmembership,or vendoridentification number.

2.4

This contractis the entire agreementbetweenthe parties.

2.5

Failure to enforceany provision of the contractdoesnot constitutea waiver of that provision, or any other provision, of the contract.

SECTION 3 - Amendments and Termination

3.1

Agency may unilaterally reviseratesfor servicesprovidedupon written notice to Recipientof at least30 calendardays.

3.2

Any changes,deletions,extensions,or amendments to this contractshall be in writing and signed by both parties,exceptfor revisionsto paymentratesas describedin Section3.1.

3.3

Either party may suspendor tenninatethis contractat any time, on written notice to the other party. However,suchterminationshall not relieve Recipientof the obligation to pay for all servicesrenderedprior to suchtermination,at the ratesprovidedherein. OpenRecordsContract

TWC ContractNumber: 2909PER165 Page3 of 6 Packet Pg. 65

Attachment: RES TWC (2939 : 04 TWC Agreement)

SECTION 1 - Purpose and Legal Authority

TEXAS WORKFORCE COMMISSION OPEN RECPRDS CONTRACT

5.a

3.4

In the eventof an emergency,Agency may suspendon-line computerserviceswithout advance notice. Serviceswill resumeat the earliestpracticaltime.

3.5

The contractmay be immediatelysuspendedwithout notice if Agency suspectsa violation of the securityprovisionscontainedin Section3 of the Statementof Work. Serviceswill remain suspendeduntil Agency hasfully investigatedany suspectedsecurityviolations and is satisfied that resumptionof servicewill not result in securitybreaches.In the eventof an extended suspensionof service,Agency will notify Recipientas soonaspossible.

3.6

Tennination of this contractwill not endthe responsibilityof Recipientto protectthe confidentiality of any dataobtainedfrom Agencypursuantto this contractand remainingin Recipient's custodyor control.

If Recipientor any official, employeeor agentof Recipientfails to comply with any provision of this agreement,including timely paymentof Agency's costsbilled to Recipient,this agreementshall be suspendedand further disclosureof information (including any disclosurebeingprocessed)to Recipient shall be prohibited until Agency is satisfiedthat correctiveaction hasbeentakento assurethat there will be no future breach. In the absenceof prompt and satisfactorycorrectiveaction, this agreementshall be cancelledand Recipientshall surrenderto Agency all informationand copiesthereof obtainedunderthe agreementwhich hasnot previously beenreturnedto Agency,and any other information relevantto the agreementobtainedunderthis agreement.Cancellationof this agreementshall not limit Agency from pursuingpenaltiesprovided under statelaw for the unauthorizeddisclosureof confidential information. Agency shall undertakeany other action underthe agreement,or underany law of the Stateor of the United States,to enforcethis agreementand securesatisfactorycorrectiveaction or surrenderof the information, and shall take other remedialactionspermittedunderstateor federallaw to effect adherenceto the requirementsof this agreementand20 CFR Part 603 including seekingdamages, penalties,and restitution aspermittedundersuchlaw for all costsincurredby Agency in pursuingthe breachof this agreementand enforcementof the termsof this agreement. SECTION 5 - Protecting the Confidentiality of Records

5.1

As usedin this agreement,"information" shall meanany recordsobtainedby Recipientfrom Agency including recordsprovidedorally, electronicallyor aspaperrecords. Information shall also include recordsobtainedby Recipientthroughon-line accessto Agency electronicfiles as well as any datacompilationsprovidedby Agency. Information obtainedfrom Agency shall be subjectto the provisionsof this agreementevenif it is convertedby Recipientinto another format or mediumor incorporatedin any mannerinto Recipientrecords,files or data compilations.

5.2

Recipientshall limit accessto information obtainedfrom Agency underthis agreementto those officers and employeesof Recipientwith a needto accessthe information to achievethe purpose listed in AttachmentA, Section1. Recipientshall not transferthe authority or ability to access or maintaindataunderthis agreementto any otherpersonor entity.

OpenRecordsContract

TWC ContractNumber: 2909PER165 Page4 of 6 Packet Pg. 66

Attachment: RES TWC (2939 : 04 TWC Agreement)

SECTION 4 - Breach of Agreement

TEXAS WORKFORCE COMMISSION OPEN RECPRDS CONTRACT

5.a

Recipient shall comply with the requirementsof20 CFR §603.9,incorporatedherein by reference,regardingsafeguardingthe information obtainedfrom Agency. A copy of 20 CFR §603.9is attachedasAttachmentA3.

5.5

Recipientshall safeguardthe information disclosedagainstunauthorizedaccessor redisclosure.

5.6

Recipient shall useAgency information only for purposesauthorizedby law and consistentwith this agreement. Recipient shall storeAgency infonnation in a placephysically securefrom accessby unauthorizedpersons. Recipient shall storeandprocessAgency informationmaintainedin electronicformat, suchas magnetictapesor discs,in sucha way that unauthorizedpersonscannotobtain the information by any means.

5.9

Recipientshall adoptand comply with precautionsto ensurethat only authorizedpersonnelare given accessto Agency information storedin computersystems. Recipientshall instruct all personnelhaving accessto Agency infonnation aboutall confidentiality requirementsincluding the requirementsof 20 CFR Part 603 including the sanctionsspecifiedin this agreementand in the statelaw for unauthorizeddisclosureof infonnation. Recipientacknowledgesthat all personnelwho will haveaccessto Agency information have beeninstructedin accordancewith the termsof this agreement.Recipientshall report any breachof this agreementincluding any breachof the securityprovisionsto Agency fully and promptly. Recipientshall disposeof information disclosedby or obtainedfrom Agency, and any copies madeby Recipientafter the purposesetout in AttachmentA, Section1 is achieved,exceptfor disclosedinformation possessed by any court. Disposalmeansreturn of the information to Agency or destructionof the information,asdirectedby Agency. Disposalincludesdeletion of personalidentifiers in lieu of destruction. In any case,Recipientshall disposeof the information disclosedwithin 30 daysafter the dateof terminationor expirationof this agreement. Recipientshall createandmaintaina systemsufficient to allow an audit of compliancewith the requirementsof this agreement. Recipientshall notify Agency immediatelyif a securityviolation of this agreementis detected, or if Recipientsuspectsthat the securityor integrity of Agency'sdatahasbeenor may be compromisedin any way. OpenRecords Contract TWCContract Nwnber:2909PER165 Page5 of6 Packet Pg. 67

Attachment: RES TWC (2939 : 04 TWC Agreement)

Recipientshall permit Agency to haveaccessto all siteswhich containAgency information including information maintainedelectronicallyand shall permit Agency to have accessto all workplacesusedby individuals who haveaccessto Agency information for Agency on-site inspectionsto assurethat the requirementsof stateand federallaw as well asthis agreementare being met by Recipient. Recipientshall fully cooperatewith anyon-site inspectionsor monitoring activities of Agency.

TEXAS WORKFORCE COMMISSION OPEN RECPRDS CONTRACT

5.a

TexasLabor Code Sec.301.085providesthat unemploymentcompensationinformation is not public infonnation for purposesof Chapter552 of the TexasGovernmentCode. Recipient shall not releaseany information obtainedfrom Agency underthis agreementin responseto a request madeunderChapter552 of the GovernmentCodeor to a requestmadeunderany other law, regulation,or ordinanceaddressingpublic accessto governmentrecords. Recipient shall infOrnl Agency within twenty-four (24) hoursof receiptby Recipientof serviceof a subpoenaor citation in any action seekingaccessto information obtainedfrom Agency. Recipientshall notify Agency within 24 hoursof the receiptof any subpoena,otherjudicial requestor requestfor appearancefor testimonyupon any matterconcerninginformation disclosedunderthis agreement. ~

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5.17 \.Reclplent,Its employees,agenfs,~ontractor~.anasu~ontractorsagreeto mdemmfy-andnold harmlessAgency,the Stateof Texas,andtheir employeesand officials for any loss,damages, judgments,and costsof liability arising from any actsor omissionsor allegedactsor omissions of Recipientor its employees,agents,contractors,and subcontractors,including the inappropriatereleaseor use,by Recipient,of the information provided by Agency.

Open Records Contract

TWC ContractNumber: 2909PER165 Page6 of 6 Packet Pg. 68

Attachment: RES TWC (2939 : 04 TWC Agreement)

5.16

TEXAS WORKFORCE COMMISSION OPEN RECORDSCONTRACT

5.a

Attachment A CONTRACT #2909PER165

INFORMATION RELEASEAGREEMENTBETWEENTEXAS WORKFORCECOMMISSION AND THE IRVING POLICE DEPARTMENT STATEMENTOF WORK - PROJECTOBLIGAllONS

The purposeof this agreementis to provide Recipientwith direct online accessto Agency's mainframe computerfiles for WageRecords. Subjectto the securityand confidentiality provisionsof this contract, Recipientshall useinformation obtainedfrom Agency solely to obtain locationsof employmentof individuals suspectedof engagingin criminal activities. Any other useof the information by Recipient shall be a breachof this contract. SEcnON 2 - Obligations of Agency

2.1

Agency authorizeson-line, "read-only"accessto the following, specifiedAgency mainframe computerscreens: WageRecordFile (BN75 screen).

2.2

On-line accessto Agency's data will routinely be available to Recipient Users on Mondays through Fridays, between the hours of 8:00 a.m. through 5:00 p.m. Central Time Zone, excluding State holidays. Access to Agency's data may not be available at other times, due to the computer maintenance needs of Agency.

2.3

Agency reservesthe right to conductmonitoring,evaluationand audit of Recipient's accessto Agency'sdata,asprovidedunderthis agreement. Agency recordsinclude information providedto Agency by third partiesincluding employersand employees.Agency doesnot warrantor guaranteethe accuracyof this information.

SEcnON 3 - Obligations of Recipient 3.1

Recipientshall not releaseor otherwisemakeaccessibleto any other party, the dataobtained hereunderexceptas specifically requiredin orderto dischargethe official dutiesdescribedherein. Recipient shall not releaseany datawithout the written consentof Agency. Recipientshall maintain sufficient safeguardsover all dataobtainedfrom Agencyto preventunauthorizedaccessto or redisclosureof any information providedhereunder. Securitymeasuresutilized by Recipientfor the protectionof Agency'sconfidential datawill conform, at a minimum, to the federalregulationscontainedin 20 CFR 603, and to the Agency Data Security Policy, which is attachedto this agreementasAttachment A4.

OpenRecordsContract

TWC ContractNumber: 2909PER165 Pap;e1 of 10

Packet Pg. 69

Attachment: RES TWC (2939 : 04 TWC Agreement)

SECTION 1 - Project Abstract

TEXAS WORKFORCE COMMISSION OPEN RECORDS CONTRACT

All RecipientUsersgrantedaccessunderthis agreementto Agency datamust executeAgency's User Infonnation SecurityAgreementand completeTWC IT Security Awarenesstraining prior to being assigneda SecurityPasswordfor on-line accessto Agency data. A copy of an executedUser Information SecurityAgreementwith certification of completionofTWC IT Security Awareness training must be receivedby Agency contactpersonlisted in this contractbeforea SecurityPassword will be issued. EachUser Information SecurityAgreementsubmittedmust be cosignedby the supervisorof the RecipientUser. ExecutedRecipientUser Agreementsmust be submittedby Recipientcontactpersonlisted in this contract. A copy of the UserInfonnation SecurityAgreement is attachedas Attachment AI. Recipient must maintain on file a signed copy of the User Information Security Agreement with certification of completion ofTWC IT Security Awareness training for each Recipient User. The Security Password for an individual Recipient User shall be immediately revoked upon termination of that individual or upon reassignment of a Recipient User into a position not authorized to access Agency's data. Recipient shall notify Agency within five (5) days of the resignation or termination of a Recipient User. Failure to revoke accessof a Recipient User who has been terminated or reassigned and infonn Agency of any termination or reassignment of a Recipient User shall be a breach of this agreement and may result in immediate termination of the contract as well as other penalties provided by law and this agreement. All security codes, user names and passwords issued under this agreement shall be cancelled upon the expiration of the agreement. One year after the effective date of this contract and each year on the anniversary date of the effective date of this contract for the term of this contract, accessby all Recipient Users shall be cancelled unless within 30 days of that date Recipient submits new User Agreements executed no more than 30 days prior to the date submitted. Agency will grant accessto a maximum of20 Recipient Users. Recipient Users are not authorized to change or update any information contained in Agency's computer stored files. Recipient Users are authorized to accessAgency's computer data for the official purposes listed in Section 1 only and may not divulge information obtained under this agreement to any other individual or entity, except as strictly required to accomplish the official purposes listed in Section 1.

3.7

Recipient agrees to adopt and implement security guidelines and to ensure that only authorized Recipient Users will have accessto view Agency's confidential data and that any screen dump or other extraction of Agency data will be protected from unauthorized use or redisclosure.

3.8

Recipientwill be solely responsiblefor disseminatingany information provided by Agency to the remainderof RecipientUsers. Recipientagreesto notify Agency immediatelyif a securityviolation of this agreementis detected,or if Recipient suspectsthat the securityor integrity of Agency'sdatahasbeenor may be compromised in any way. TexasLabor Code Sec.301.085providesthat unemploymentcompensationinformation is not public information for purposesof Chapter552 of the TexasGovernmentCode. Recipientshall not release any information obtainedfrom Agency underthis agreementin responseto a requestmadeunder Chapter552 of the GovernmentCodeor to a requestmadeunderany other law, regulation,or ordinanceaddressingpublic accessto governmentrecords.

OpenRecordsContract

TWC ContractNumber: 2909PER165 Page2 of 10

Packet Pg. 70

Attachment: RES TWC (2939 : 04 TWC Agreement)

3.3

5.a

TEXAS WORKFORCE COMMISSION OPEN RECORDS CONTRACT

5.a

Recipient agrees to pay Agency for online accessbased on the rate schedule attached to this agreement as Attachment A2. For the purposes of this agreement, a "transaction" consists of a single command sent by Recipient on its electronic computer system and received by Agency on its electronic computer equipment. Charges will be based on the volume of monthly transactions, as determined by Agency, and will be billed quarterly. Recipient will pay each invoice on or before the 30th calendar day following the date of receipt of the bill from Agency. Recipient will treat Wage Records obtained from Agency as confidential as required under Texas Labor Code Section 301.081 and the Social Security Act of 1934.

Recipient's procedures to safeguard data provided shall be subject to audit by Agency.

3.16 Recipientshall be responsibleto provide andmaintainits own computerhardwareand softwareto accomplishthe necessarycomputercommunicationslinkageswith Agency's mainframedatabase. Recipientagreesto acceptliability for any damageto Agency's hardware,software,or datawhen suchdamageis directly causedby the actionsof employeesof Recipient,whetherauthorizedor unauthorizeduserspursuantto this contract. In addition to all other chargesand costslisted in this agreement,Recipientshall pay a seventy-five dollar ($75.00)contractinitiation charge. Paymentof the contractinitiation chargeis due within 30 calendardaysfrom the dateof receiptof the first invoice sentby Agency to Recipient. SECTION 4 - Contact Persons In all communicationswith Agency, Recipientshall include a referenceto the TWC contractnumber. The partiesdesignatethe following primary liaisonsfor implementationof this agreement:

AGENCY Margo Kaiser Attorney, OpenRecords TexasWorkforce Commission 101E. 15thStreet,Room 266 Austin, TX 78778 [email protected]

RECIPIENT William Owings Intelligence/Gang Sergeant Irving Police Department 305 N. O'Connor Road Irving, TX 75061 wo wings@citvo[Irving.org

Recipient may request a change in Recipient contact person by submitting to Agency a written request signed by the same individual with signature authority who signed on behalf of Recipient on page one of this contract. All changes in Recipient contact person must be approved in writing by Agency.

OpenRecordsContract

TWC ContractNumber: 2909PER165 Page3 of 10

Packet Pg. 71

Attachment: RES TWC (2939 : 04 TWC Agreement)

Recipient shall establish and maintain security safeguardsand procedures to guarantee the confidentiality of all data obtained from Agency. Such safeguardsshall, at a minimum, comply with the requirements found at 20 CFR 603.9, a copy of which is attached as Attachment A3.

TEXAS WORKFORCE COMMISSION OPEN RECORDS CONTRACT

SECTION 5

5.a

- Effect on Other Data Sharing AgreementsBetweenthe Parties

Attachment: RES TWC (2939 : 04 TWC Agreement)

The partiesagreethat this contractsupersedes and replacesall other data-sharingagreementsbetweenthe partiesincluding ContractNumber 2906PERll O.

OpenRecordsContract

TWC ContractNumber: 2909PER165 Page4 of 10

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TEXAS WORKFORCE COMMISSION OPEN RECORDS CONTRACT

5.a

Attachment Al 2909PERI65

TEXAS WORKFORCECOMMISSION USERINFORMATION SECURITYAGREEMENT I,

I useone belongingto someoneelse. I understand that any violation of this User Agreement including allowing any other individual to use my User ID or confidential password is a violation of the Texas Penal Code and will result in the immediate termination of the contract between the Irving Police Department and the Texas Workforce Commission. I will not enter any unauthorizeddata,make any unauthorizedchangesto data,or disclose any information without prior authorization. I understand that under Texas Labor Code §301.085all information I obtain from the Texas Workforce Commission under this user agreement is confidential and that a person commits an offense if the person solicits, discloses,receives,or uses,or authorizes, permits, participates in, or acquiescesin another person's use of, unemployment compensation information that reveals: (1) identifying information regarding any individual or past or present employer or employing unit; or (2) information that foreseeably could be combined with other publicly available information to reveal identifying information regarding any individual or past or present employer or employing unit. Such an offenseis a ClassA misdemeanor. Violating a data security systemor allowing unauthorizedaccessby anotherparty is a Class A misdemeanor under Chapter 33 of the Texas Penal Code, which is punishableby a [me of $3,000.00,a year in jail, or both. Intentionally causing a computer to malfunction or knowingly altering data without authorization that results in personalor property damagemay constitutea felony of the seconddegree. I have read and have had explainedto me the security and confidentiality requirementsof 20 CFR Part 603 and the data accessagreementwith the Texas Workforce Commission. I understandand agree to abide by these requirements. I also understandthat if I violate any of these standardsI may be subject to disciplinary action or prosecutionunder one or more applicablestatutes,and I may jeopardizethe agreementbetweenthe recipient and the TexasWorkforce Commission.

Signatureof User

Date

RecipIentAgency I haveinstructedthe User listed aboveaboutall confidentiality requirementsapplicableto dataobtainedunderthe data accessagreementwith the TexasWorkforce Commissionincluding the requirementsof20 CFR Part 603 as well asthe sanctionsspecifiedin the dataaccessagreementand in statelaw for unauthorizeddisclosureof information.

Signatureof Supervisor

Date

Approved by: Signature of contract contact person

Distribution: Original retainedby the RecipientAgency. Copiesto the TexasWorkforce Commissionand the User. OpenRecordsContract

TWC ContractNumber: 2909PER165 Page5 of 10

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Attachment: RES TWC (2939 : 04 TWC Agreement)

(Print Name) (Social SecurityNumber) acknowledgethat. as a RecipientUser, I will be assigneda personalUser Identification Code(User 10) and password which I will use to activate computerdevicesthat accessthe Texas Workforce Commission's computer system. I

TEXAS WORKFORCE COMMISSION OPEN RECORDS CONTRACT

5.a

Attachment A2

Attachment: RES TWC (2939 : 04 TWC Agreement)

Rate Schedulefor Online Access

The aboveratesarebasedon a per-transactionfee of$OO.Oll, an additional 14%administrativeoverhead charge,and the dataprocessingcostsof monitoring actualvolume of transactionson a periodic basis. Transactionlevels above2,500,000arebilled on actualnumberof transactionstimes $00.011,plus 14% administrativeoverhead.

OpenRecordsContract

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TEXAS WORKFORCE COMMISSION OPEN RECORDS CONTRACT

5.a

Attachment A3 PROTEcnON OF CONFIDENnALITY CHAPTER V-EMPLOYMENT AND TRAINING ADMINISTRAnON, U.S. DEPT. OF LABOR PART 6O3--INCOMEAND ELIGIBILITY VERIFICATION SYSTEM SUBPART A--INCOME AND ELIGIBILITY VERIFICA nON SYSTEM

(b) Safeguardsto be requiredof recipients. (1) The Stateor StateUC agencymust: (i) Requirethe recipientto usethe disclosedinformation only for purposesauthorizedby law and consistentwith an agreementthat meetsthe requirementsof § 603.10; (ii) Requirethe recipientto storethe disclosedinformation in a placephysically secure from accessby unauthorizedpersons; (iii) Requirethe recipientto storeand processdisclosedinformation maintainedin electronicformat, suchasmagnetictapesor discs,in sucha way that unauthorizedpersons cannotobtain the information by any means; (iv) Requirethe recipientto undertakeprecautionsto ensurethat only authorized personnelare given accessto disclosedinformation storedin computersystems; (v) Requireeachrecipientagencyor entity to (A) Instruct all personnelhaving accessto the disclosedinformation about confidentiality requirements,the requirementsof this subpartB, and the sanctionsspecifiedin the Statelaw for unauthorizeddisclosureof information,and (B) Sign an acknowledgmentthat all personnelhaving accessto the disclosed information havebeeninstructedin accordancewith paragraph(b)(I)(v)(A) of this section and will adhereto the State'sor StateUC agency'sconfidentiality requirementsand procedureswhich are consistentwith this subpartB andthe agreementrequiredby § 603.10, and agreeingto report any infraction of theserules to the StateU C agencyfully and promptly. (vi) Requirethe recipientto disposeof information disclosedor obtained,and any copies thereofmadeby the recipientagency,entity, or contractor,after the purposefor which the information is disclosedis served,exceptfor disclosedinformationpossessedby any court. Disposalmeansreturn of the informationto the disclosingStateor StateUC agencyor OpenRecordsContract

TWC ContractNumber: 2909PER165 Page7 of 10

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Attachment: RES TWC (2939 : 04 TWC Agreement)

20 CoFoR.§ 60309What safeguardsand security requirements apply to disclosedinformation? (a) In general. For disclosuresof confidentialUC information under § 603.5(d)(2)(to a third party (other than an agent)or disclosuresmadeon an ongoingbasis);§ 603.5(e)(to a public official), exceptas provided in paragraph(d) of this section;§ 603.5(f) (to an agentor contractorof a public official); § 603.6(b)(1)through (4), (6), and (7)(i) (asrequiredby FederalUC law); and § 603.22(to a requesting agencyfor purposesof an IEVS), a Stateor StateUC agencymust requirethe recipient to safeguardthe information disclosedagainstunauthorizedaccessor redisclosure,asprovided in paragraphs(b) and (c) of this section,and must subjectthe recipientto penaltiesprovidedby the Statelaw for unauthorized disclosureof confidentialUC information.

TEXAS WORKFORCE COMMISSION OPEN RECORDSCONTRACT

5.a

destructionof the infonnation, as directedby the Stateor StateUC agency. Disposalincludes deletion of personalidentifiers by the Stateor StateUC agencyin lieu of destruction. In any case,the information disclosedmustnot be retainedwith personalidentifiers for longer than suchperiod of time asthe Stateor StateUC agencydeemsappropriateon a case-by-case basis;and (vii) Maintain a systemsufficient to allow an audit of compliancewith the requirements of this part. (2) In the caseof disclosuresmadeunder § 603.5(d)(2)(to a third party (otherthan an agent) or disclosuresmadeon an ongoingbasis),the Stateor StateUC agencymust also:

(ii) Ensurethat all employeesof entitiesreceivingaccessto information disclosedunder § 603.5(d)(2)are subjectto the sameconfidentiality requirements,and Statecriminal penalties for violation of thoserequirements,as areemployeesof the StateUC agency. (c) Redisclosureof confidentialUC infonnation. (1) A Stateor StateUC agencymay authorizeany recipientof confidential UC information underparagraph(a) of this sectionto rediscloseinformation only as follows: (i) To the individual or employerwho is the subjectof the information; (ii) To an attorneyor other duly authorizedagentrepresentingthe individual or employer; (ill) In any civil or criminal proceedingsfor or on behalf of a recipient agencyor entity; (iv) In responseto a subpoenaonly asprovided in § 603.7; (v) To an agentor contractorof a public official only if the personredisclosingis a public official, if the redisclosureis authorizedby the Statelaw, and if the public official retains responsibility for the usesof the confidentialUC informationby the agentor contractor; (vi) From onepublic official to anotherif the redisclosureis authorizedby the Statelaw; (vii) When so authorizedby Section303(e)(5),SSA, (redisclosureof wage information by a Stateor local child supportenforcementagencyto an agentundercontractwith suchagency for purposesof carrying out child supportenforcement)andby Statelaw; or (viii) When specifically authorizedby a written releasethat meetsthe requirementsof § 603.5(d)(to a third party with informed consent). (2) Information redisclosedunderparagraphs (c)(l)(v) and(vi) of this sectionmustbe subject to the safeguardsin paragraph(b) of this section. OpenRecordsContract

TWC ContractNumber: 2909PER165 Page8 of 10

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Attachment: RES TWC (2939 : 04 TWC Agreement)

(i) Periodically audit a sampleof transactionsaccessinginfonnation disclosedunder that sectionto assurethat the entity receivingdisclosedinfonnation hason file a written release authorizingeachaccess.The audit must ensurethat the infonnation is not being usedfor any unauthorizedpurpose.

TEXAS WORKFORCE COMMISSION OPEN RECORDS CONTRACI'

5.a

Attachment: RES TWC (2939 : 04 TWC Agreement)

(d) The requirementsof this sectiondo not apply to disclosuresofUC information to a Federal agencywhich the Departmenthasdetermined,by notice publishedin the FederalRegister,to have in place safeguardsadequateto satisfythe confidentiality requirementof Section303(a)(I), SSA.

OpenRecordsContract

TWC ContractNumber: 2909PER165 Page9 ofl0

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TEXAS WORKFORCE COMMISSION OPEN RECORDS CONTRACT

5.a

Attachment A4

TEXAS WORKFORCE COMMISSION DATA SECURITY POLICY It is the policy of the TexasWorkforce Commissionto promotea secureenvironmentfor employeesand clients, and to maintainmanagementcontrolsnecessaryfor the safekeepingof the Agency'sresourcesand assets.

The TexasWorkforce Commissionrelies heavily on its electronicdataprocessingsystemsto meet its operational,financial and informationalrequirements.It is essentialthat thesecritical systemsare protected from accidentsand misuseof all kinds, and that both the computersystemandthe datathat they processbe operatedand maintainedin a secureenvironment. It will be the responsibility of the Data SecurityManagerof the RECIPIENT AGENCY to detennineand assignthe computeraccesscodesrequiredfor a userto perform the assignedjob duties. Accessto computerizeddatawill be limited to just that dataneededto do the assignedjob. It is the responsibility of the Data SecurityManagerof the RECIPIENT AGENCY to make certainthat all usersare awareof, and comply with, the TexasWorkforce Commission'srules and regulationswithin their office.

OpenRecordsContract

TWC ContractNumber: 2909PER165 Page 10 of 10

Packet Pg. 78

Attachment: RES TWC (2939 : 04 TWC Agreement)

Employees,physical property,and informationrelatedto the conductof agencyoperationsare assets, entrustedto the careof the agencyby the citizensof this state. Safeguardingthe securityand integrity of theseassetsand using them in a cost-effectivemannerarebasicresponsibilitiesof the agency.

5.a

TWC Contract/Amendment Number: 2909PER165

CONTRACT/AMENDMENT LANGUAGE CHANGECERTIFICATION FORM Pleasecheck the appropriate box and sign below:

D No Changes. I hereby certify that no changeshave been made to documents contained in this Contract! Amendment package.

D Changesto Demographic Information. I herebycertify that changesin demographic

D Changesto Contract/Amendment Terms and Conditions. I herebycertify that changesto the contract/amendment termsandconditionshavebeenproposed. The proposedchanges havebeenenteredon all copiesof the documentsin pen and ink, initialed, and the revised areashavebeenflagged. I understandthat I anI to sign andthen sendall copiesof the contract/anIendment back to TWC for evaluationof the proposedchanges.If the proposed changesare approvedby the TWC signatory,they will be initialed and my copy (and the fiscal agent'scopy, if applicable)will be returnedto me. I understandthat if thereare any questionsor issuesregardingthe proposedpen and ink changesthat I will be contactedby a

TWC representative to discussthem. pe.,..C81v'.(,.rS4~~

/:tI'l} D1 I CS~..rf~ ~Ve ~~

~I

m~

~.i(.0"",

w..'-"-~'/"~ l'arA:. ~. } 7.

Irving Police Department

Herbert Gears Mayor

Date

Packet Pg. 79

Attachment: RES TWC (2939 : 04 TWC Agreement)

information items only (suchascontactor sig!1atory)havebeenmadeto documents containedin this Contract!Amendmentpackage.Penand ink correctionshavebeenentered, initialed and the revisedareashavebeenflagged.

6

AGENDA ITEM SUMMARY Meeting: 10/8/2009 Recommending Department: Financial Services

DOC ID: 2767 LSR No: 9885

Resolution -- Authorizing the City Council of the City of Irving, Texas to Enter into a Contract with Linebarger, Goggan, Blair and Sampson, LLP, Attorneys at Law, for Professional Services in the Collection of Delinquent Ad Valorem Taxes Administrative Comments 1. This item supports Strategic Goal No. 8: Sound Governance. 2. Impact: The Dallas County Tax Office currently utilizes the delinquent tax collection services of Linebarger, Goggan, Blair and Sampson, LLP (LGB&S). Utilizing their services for delinquent collection will provide the City with effective collection of delinquent ad valorem taxes and land based liens (mowing, paving and demo liens). 3. Under the terms of the agreement, the LGB&S will receive the state sanction fees of 20% of delinquent taxes collected for tax years 2006 and forward. The firm will receive a fee of 15% of delinquent taxes collected for tax years 2005 and prior. 4. Collection fees are paid by the taxpayer in addition to the taxes due at the time of collection and will be forwarded to the firm by Dallas County. 5. LGB&S and Parker Marks P.C. have established a working relationship to assure an orderly transition and continuity of representation of the City's interests. 6. The contract will begin October 1, 2009 and will continue until either the City or Linebarger chooses to terminate. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: Yes Previous Action: July 23, 2009

Review Completed By: Karen Brophy Council Action: Interlocal Agreement with Dallas County Tax Office

Advantages to retaining LGB&S First year revenue increase: Cedar Hill ISD 30% Desoto ISD 34% Irving ISD 42%

Packet Pg. 80

6

66 Clients in Dallas County: Dallas County Irving ISD City of Dallas Town of Addison City of Richardson City of Grand Prairie Dallas Law Office – 117 Staff LGB&S will absorb data conversion cost of approximately $60,000 Personal site visits to collect delinquent tax Consolidate land based liens (mowing, paving, demolition) on property tax lawsuit . ATTACHMENTS: Div Fee Disclosure (PDF) Del Tax Contract - FINAL 092909 (DOC) CURRENT YEAR FINANCIAL IMPACT: N/A REVISION INFORMATION: Prepared: 7/7/2009 11:07 AM by Brad Duff Last Updated: 9/28/2009 10:20 AM by Jennifer Dwyer

Packet Pg. 81

6

CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2767)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I.

THAT the City Council hereby approves the attached contract between the City of Irving and Linebarger, Goggan, Blair and Sampson, LLP, for the collection of delinquent taxes, and the Mayor is authorized to execute said contract.

SECTION II.

THAT this resolution shall take effect from and after its final date of passage, and it is accordingly so ordered.

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on October 8, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

Packet Pg. 82

Attachment: Div Fee Disclosure (2767 : 8 Delinquent Tax Coll. Agmt. with Linebarger)

6.a

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6.b

CONTRACT FOR THE COLLECTION OF DELINQUENT TAXES

COUNTY OF DALLAS

§ § §

THIS CONTRACT is made and entered into by and between the CITY OF IRVING, acting herein by and through its governing body (hereinafter called “CITY”) and LINEBARGER GOGGAN BLAIR & SAMPSON, LLP (hereinafter called “FIRM”).

I. CITY agrees to employ and does hereby employ FIRM to enforce by suit or otherwise the collection of all delinquent taxes, penalty and interest owing to CITY, provided current year taxes falling delinquent within the period of this Contract shall become subject to its terms on the first day of July of the year in which the said taxes shall become delinquent, except as otherwise provided herein. Lawsuits and bankruptcy cases filed before the first day of July shall include current year taxes as allowed by law. Such taxes are also subject to the terms of this Contract.

Further, beginning with the 2009 tax year and

continuing thereafter, all delinquent tangible personal property taxes which remain delinquent on the 60th day after the February 1 delinquency date shall become subject to this Contract.

II. FIRM is to call to the attention of the collector or other officials any errors, double assessments, or other discrepancies coming under their observation during the progress of the work, and is to intervene on behalf of the CITY in all suits for taxes hereafter filed by any taxing unit on property located within its corporate limits.

CONTRACT FOR THE COLLECTION OF DELINQUENT TAXES BY AND BETWEEN THE CITY OF IRVING AND LINEBARGER GOGGAN BLAIR & SAMPSON, LLP, Page 1 of 5

Packet Pg. 84

Attachment: Del Tax Contract - FINAL 092909 (2767 : 8 Delinquent Tax Coll. Agmt. with Linebarger)

THE STATE OF TEXAS

6.b

III. FIRM agrees to file suit on and reduce to judgment and sale any property located within the CITY against which a tax lien would prevail provided, the CITY, through its tax

and location of the necessary parties, and legal description of the property to be sold. The FIRM agrees to sue for recovery of the costs and court costs as provided by Tex. Tax Code Sec. 33.48. IV. FIRM agrees to make annual progress reports to CITY and to advise CITY of all cases where investigation reveals taxpayers to be financially unable to pay their delinquent taxes. V. CITY agrees to pay to FIRM as compensation for services required hereunder twenty percent (20%) of the amount of all delinquent taxes, penalty, and interest, for tax years 2006 and thereafter, actually collected and paid to the collector of taxes during the term of this Contract, as and when collected.

The CITY agrees to pay FIRM as

compensation hereunder fifteen (15%) of the amount of all delinquent taxes, penalty and interest collected for the tax years 2005 and prior.

All compensation above provided for

shall become the property of the FIRM at the time payment of taxes, penalty and interest is made to the collector. The collector shall pay over said fund monthly by check. CITY may, at its sole discretion, turn over to FIRM selected accounts for collection prior to July 1, except as otherwise provided in Section I herein.

CITY agrees to pay the

FIRM as compensation for collection activities on these accounts, including tax seizures pursuant to which the compensation is a cost of the seizure, an amount equal to twenty percent (20%) of the taxes actually collected for tax years 2006 and thereafter, and an amount equal to fifteen percent (15%) of the taxes, penalty, and interest actually collected for tax years 2005 and prior. CONTRACT FOR THE COLLECTION OF DELINQUENT TAXES BY AND BETWEEN THE CITY OF IRVING AND LINEBARGER GOGGAN BLAIR & SAMPSON, LLP, Page 2 of 5

Packet Pg. 85

Attachment: Del Tax Contract - FINAL 092909 (2767 : 8 Delinquent Tax Coll. Agmt. with Linebarger)

assessor collector, will furnish the necessary data and information as to the name, identity

6.b

In bankruptcy proceedings, eminent domain proceedings or other federal receiverships, CITY agrees to pay the FIRM as compensation for collection activities on these accounts, an amount equal to twenty percent (20%) of the taxes, penalty and interest

(15%) of the taxes, penalty, and interest actually collected for tax years 2005 and prior. Based upon criteria jointly approved by CITY and FIRM, FIRM may, on a selective basis, include land-based receivable accounts identified by the CITY into property tax lawsuits. CITY agrees to pay to FIRM as compensation for land-based collection services required hereunder twenty percent (20%) of all amounts (representing the principal owed, plus interest thereon) collected or recovered through foreclosure of liens on the subject property. VI. This term of this Contract shall commence on October 9, 2009 and shall continue thereafter until terminated by either party.

FIRM shall provide transition services of

software programming and data transfer to provide compatibiltiy of tax data systems. All costs associated with the transition of delinquent accounts to FIRM shall be borne by FIRM and at no cost to CITY. VII. Either party to this Contract shall have the right to and may terminate this Contract, for cause or for convenience, by giving at least sixty (60) days written notice of such intention, with a statement of the cause or reasons for such termination.

Should the

termination be for cause, the FIRM shall have a reasonable opportunity to cure and/or rectify the underlying basis for termination. In the event of termination, FIRM shall be entitled to receive and retain all compensation due up to the date of said termination.

CONTRACT FOR THE COLLECTION OF DELINQUENT TAXES BY AND BETWEEN THE CITY OF IRVING AND LINEBARGER GOGGAN BLAIR & SAMPSON, LLP, Page 3 of 5

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Attachment: Del Tax Contract - FINAL 092909 (2767 : 8 Delinquent Tax Coll. Agmt. with Linebarger)

actually collected for tax years 2006 and thereafter, and an amount equal to fifteen percent

6.b

On termination of this contract, FIRM shall have an additional six (6) months after termination to reduce to judgment all suits filed prior to the date last mentioned, and provided further that FIRM shall handle to conclusion all suits in which trial court judgments

consideration of the terms and compensation herein stated, FIRM hereby accepts said employment and undertakes the performance of this contract as above written.

VIII.

For purposes of sending notices under the terms of this contract, all notices from CITY to FIRM shall be sent to FIRM by certified mail United States mail, or delivered by hand or by courier, and addressed as follows: Linebarger Goggan Blair & Sampson, L. L. P. Attn: DeMetris A. Sampson 2323 Bryan Street, Suite 1600 Dallas, Texas 75201

All notices from FIRM to CITY shall be sent to CITY by certified United States mail, or delivered by hand or by courier and addressed as follows: City of Irving Attn: City Manager 825 W. Irving Blvd. Irving, Texas 75060

IX. The contract shall be construed in accordance with the laws of the state of Texas; and venue for any action shall be Dallas County, Texas.

CONTRACT FOR THE COLLECTION OF DELINQUENT TAXES BY AND BETWEEN THE CITY OF IRVING AND LINEBARGER GOGGAN BLAIR & SAMPSON, LLP, Page 4 of 5

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Attachment: Del Tax Contract - FINAL 092909 (2767 : 8 Delinquent Tax Coll. Agmt. with Linebarger)

are obtained during the period of this contract and which are appealed by any party. In

6.b

WITNESS the signatures of all parties hereto in triplicate originals this, the _____ day of OCTOBER, AD 2009.

Attachment: Del Tax Contract - FINAL 092909 (2767 : 8 Delinquent Tax Coll. Agmt. with Linebarger)

CITY OF IRVING, Texas

By HERBERT A. GEARS, Mayor

ATTEST:

APPROVED AS TO FORM:

By Janice Carroll, City Secretary

Charles Anderson, City Attorney

LINEBARGER GOGGAN BLAIR & SAMPSON, LLP

BY: __________________________________ DeMetris A. Sampson, Partner DATED: _____________________________

CONTRACT FOR THE COLLECTION OF DELINQUENT TAXES BY AND BETWEEN THE CITY OF IRVING AND LINEBARGER GOGGAN BLAIR & SAMPSON, LLP, Page 5 of 5

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7

AGENDA ITEM SUMMARY Meeting: 10/8/2009 Recommending Department: Financial Services

DOC ID: 2968 LSR No:

Resolution -- Approving a Chapter 380 Economic Development Incentive Agreement with Universal Technical Institute, LLC on Eligible Real and Personal Property Administrative Comments 1. This item supports Strategic Goal No. 3: Economic Development. 2. Impact: Approval of this agreement will allow the City to offer development incentives to UTI, the leading provider of technical education training in the United States. UTI has 10 campuses across the United States. 3. UTI must own and occupy at least 108,000 square feet at 5151 Regent Blvd. and employ at least 40 full-time employees earning at least $49,000 per year during the 5-year term of the agreement. 4. The incremental taxable value of the real and personal property must be at least $5 million over the certified 2009 values to qualify for an incentive. 5. Upon compliance of these provisions, UTI will receive a rebate up to 40 percent of the ad valorem tax paid to the City. 6. The agreement with UTI is for 5 years beginning on January 1, 2010. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: Yes Previous Action: N/A

Review Completed By: Charles Anderson Council Action: N/A

. ATTACHMENTS: UTI 380 Agreement (PDF) CURRENT YEAR FINANCIAL IMPACT: N/A REVISION INFORMATION: Prepared: 9/24/2009 01:30 PM by Brad Duff Last Updated: 10/2/2009 11:03 AM by Jennifer Dwyer

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7

CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2968)

WHEREAS, pursuant to Chapter 380 of the Texas Local Government Code, the City Council has adopted a program for granting public funds to promote local economic development, and stimulate business and commercial activity in the City of Irving; and; WHEREAS, pursuant to said program and Chapter 380 of the Texas Local Government Code, the City Council finds the economic development incentive offered in the attached contract will promote the economic development and stimulate business and commercial activity in the City of Irving; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I.

THAT the City Council hereby approves the attached Economic Incentive Agreement between the City of Irving and Universal Technical Institute, LLC, and the Mayor is authorized to execute said agreement.

SECTION II.

THAT this resolution shall take effect from and after its final date of passage, and it is accordingly so ordered.

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on October 8, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

Packet Pg. 90

7.a

ECONOMIC INCENTIVE AGREEMENT § § §

This Economic Incentive Agreement (“Agreement”), is made and entered into as of the 8th day of October, 2009, by and between the City of Irving, Texas (“CITY”), a home rule city and municipal corporation of Dallas County, Texas, duly acting herein by and through its Mayor and UNIVERSAL TECHNICAL INSTITUTE OF TEXAS, LLC, A DELAWARE LIMITED LIABILITY COMPANY (“UTI”), acting by and through its authorized officers, for the purposes and considerations stated below: WITNESSETH: WHEREAS, the CITY had adopted a Comprehensive Policy Statement on Local Economic Development and Business Stimulation Incentives (Policy Statement), by the passage of Ordinance No. 8733 on the 30th day of November, 2006, to be used as a guideline for granting incentives; and WHEREAS, the CITY’s Policy Statement entitled: COMPREHENSIVE POLICY STATEMENT ON LOCAL ECONOMIC DEVELOPMENT AND BUSINESS STIMULATION INCENTIVES (GUIDELINES AND CRITERIA ACTS 1989, 71ST LEG., CH. 555) is attached as Exhibit “A” hereto; and WHEREAS, the Policy Statement constitutes appropriate guidelines and criteria governing economic incentive agreements to be entered into by the CITY as contemplated by Chapter 380 of the Texas Local Government Code (“Code”), as amended; and WHEREAS, Chapter 380 of the Code authorizes the CITY to enter into economic incentive agreements with UTI, for the purpose set forth in the Policy Statement; and WHEREAS, the CITY desires to enter into an Agreement with UTI for economic incentives pursuant to Chapter 380 of the Code; and WHEREAS, the contemplated use of the Premises and the other terms hereof are consistent with encouraging development and retention of the corporate citizen and are in compliance with the Policy Statement and similar guidelines and criteria adopted by the CITY and applicable law; and WHEREAS, the City Council of the CITY finds that the terms of this Agreement meet the applicable guidelines and criteria heretofore adopted by the City Council; and WHEREAS, in order to maintain and enhance the commercial and industrial economic and employment base of the CITY, the City Council finds that it is in the best interest of the taxpayers for the CITY to enter into this Agreement; UTI Economic Incentive Agreement

1

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Attachment: UTI 380 Agreement (2968 : 8 UTI Economic Incentive Agreement)

STATE OF TEXAS COUNTY OF DALLAS CITY OF IRVING

7.a

I. DEFINITIONS Wherever used in this Agreement, the following capitalized terms shall have the meanings ascribed to them: A. “Eligible Property Value” shall mean the incremental increase in taxable value of Real Property Improvements and Business Personal Property owned by UTI and located at 5151 Regent as shown on the tax rolls of the Dallas Central Appraisal District (DCAD) as of the tax year beginning January 1st of the tax years set forth in Paragraph IV over the current 2009 taxable values. B. “Qualified Facilities” shall mean the ownership of at least one hundred-eight thousand (108,000) square feet of space in the Premises. C. "Premises" shall mean all that parcel of land with improvements located at 5151 Regent and owned by UTI. D. “Primary Rebate” shall mean the Rebate earned from meeting the Minimum Threshold Eligibility Requirements during the five (5) year term of this Agreement. E. “Premium Rebate” shall mean a Rebate rate of five percent (5%) provided at least 15% of the new or transferred into the City of Irving full time employees reside within the corporate limits of the City of Irving. F. “Minimum Threshold Eligibility Requirements” shall mean (i) ownership of a minimum of one-hundred eight (108,000) square feet or more of space on the Premises for a minimum of five (5) years, (ii) the occupancy of a minimum of one-hundred eight (108,000) square feet, (iii) the creation of at least forty (40) new or transferred into the CITY of Irving jobs with an average annual salary of at least $49,000, located within the Premises and filled by full-time employees and (iv) an increase in taxable assessed valuation of the “Eligible Property Value” of at least five million ($5,000,000) over the January 1, 2009 valuation. G. “Real Property Improvements” shall mean the taxable assessed valuation of the Premises (which includes both the land and the improvements).

UTI Economic Incentive Agreement

2

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Attachment: UTI 380 Agreement (2968 : 8 UTI Economic Incentive Agreement)

NOW, THEREFORE, the CITY, for good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, which consideration includes major improvements to existing buildings, expansion of primary employment, and increased payroll that contributes to the economic development of Irving and enhancement of the tax base in the CITY and County, UTI for good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, which consideration includes the economic incentives set forth herein below, as authorized by Section 380 of the Code, as amended, do hereby contract, covenant and agree as follows:

7.a

H. “Business Personal Property” shall mean the taxable assessed valuation of furniture, fixtures and equipment, including inventory located at the Premises that would be eligible for tax rebate. I. “Combined Incremental Taxable Assessed Value” shall mean the combined increase in taxable assessed valuation of the real property improvements and personal property located on the Premises over the 2009 certified taxable value on the Dallas Central Appraisal District tax roll.

A. UTI agrees and covenants that it or its permitted assigns or tenants will diligently and faithfully maintain the space which constitutes the Qualified Facilities for a minimum term of five (5) continuous years, including the contract commencement date set forth in Paragraph IV as well as during the term of this Agreement. UTI further covenants and agrees that the use of the Qualified Facilities will be in accordance with all applicable state and local laws and regulations. UTI further agrees and covenants that from the date certificate(s) of occupancy are issued with respect to the improved Qualified Facilities, until the expiration of the term of this Agreement, a minimum of one hundred eight thousand (108,000) square feet of space shall be continuously maintained on the Premises in a manner consistent with other office space that are of a class similar to the Qualified Facilities, and UTI shall cause the employment of at least forty (40) new-toIrving full-time employees with an average annual salary of at least $49,000 within the Premises during the Rebate period as set forth in Paragraph IV. UTI agrees to become an investor at the “Partner Level” (a $3,000 annual commitment throughout the term of the agreement) in the Irving Economic Development Partnership, an economic development coalition between the City of Irving and the Greater Irving-Las Colinas Chamber of Commerce for purposes of conducting business recruitment, relocation and retention/expansion for the greater Irving community. The “Partner Level” contribution to the Irving Economic Development Partnership will be deducted from any annual Rebate UTI qualifies for under the terms of this agreement. B. All procedures followed by the CITY conform to the requirements of the Code, and will be undertaken in coordination with UTI’s corporate, public, employee, and business relations requirements. C. The Premises are or will be owned by UTI, which Premises are located solely within the CITY limits of the CITY. D. The Premises are not in an improvement project financed by tax increment bonds. E. This Agreement is entered into subject to the rights of the holders of outstanding bonds of the CITY; provided however, that this section shall not be construed to create a security interest in the Premises or Qualified Facilities in favor of such holders of outstanding bonds of the CITY.

UTI Economic Incentive Agreement

3

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Attachment: UTI 380 Agreement (2968 : 8 UTI Economic Incentive Agreement)

II. GENERAL PROVISIONS

7.a

G. As a condition precedent to UTI’s receipt of the Primary Rebate, UTI agrees that (i) it will diligently and faithfully maintain the space which constitutes the Qualified Facilities, in a manner consistent with office space in other office buildings that are of a class similar to the Qualified Facilities, during the term of this Agreement; (ii) the use of the Qualified Facilities will be in accordance with all applicable state and local laws and regulations; (iii) from the date certificate(s) of occupancy are issued with respect to the improved Qualified Facilities, until the end of the Rebate term, at least one hundred eight thousand (108,000) square feet of space shall be continuously maintained on the Premises in a manner consistent with office space in other office buildings that are of a class similar to the Qualified Facilities, (iv) a minimum of one-hundred eight (108,000) square feet of office space on the Premises shall be occupied and (v) UTI shall cause the employment of at least forty (40) employees within the Premises during the Rebate period. H. This Agreement is intended to comply with the requirements of Section 380 of the Code and is authorized by Chapter 380 of the Code, by the Policy Statement constituting the CITY’s tax abatement guidelines and criteria adopted by the City Council with Ordinance 8733 and by resolution of the City Council of the City of Irving authorizing execution of this Agreement. I. During the period of the Primary and Premium Rebate herein authorized, UTI (or its successors and assigns) shall be subject to all applicable CITY taxation not specifically abated or exempted, including but not limited to, sales tax and ad valorem taxation on land, inventory and supplies. J. As a further condition precedent to its receipt of the Primary Rebate, UTI agrees that it will use the words “Irving, Texas” or “Irving, TX” when printing an address on literature, all stationery, business cards, or other printed or electronic materials which identify the Qualified Facilities. III. OCCUPANCY AND EMPLOYEES As a condition precedent to receiving a Primary Rebate, UTI must occupy, on and within the Premises, the Qualified Facilities containing at least one hundred eight thousand (108,000) square feet of space, and in conjunction with said Qualified Facilities to create at least forty (40) new or transferred into the City of Irving jobs to be located within the Premises. The forty (40) new jobs shall be filled by full-time, yeararound employees. The CITY and UTI acknowledge that those employees holding the forty (40) jobs may not necessarily reside within the corporate limits of the CITY. The forty (40) employees will receive an average annual salary of at least $49,000 per employee.

UTI Economic Incentive Agreement

4

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Attachment: UTI 380 Agreement (2968 : 8 UTI Economic Incentive Agreement)

F. The Premises are not owned or leased by any member of the Irving City Council or any member of the Planning and Zoning Commission of the City of Irving or any member of the governing body of taxing units joining in or adopting this Agreement.

7.a

IV. TERM AND REBATE PERIOD A five (5) year Rebate period is hereby granted. The five (5) year period shall commence to run January 1 of the first year in which the Minimum Threshold Eligibility Requirements are met by UTI., but no later than January 1, 2011 and shall continue for the full five year period ending no later than December 31, 2015.

The rate and scope of Rebate shall be as follows: A. Scope and Rate of Rebate – The Rebate amount will be calculated by multiplying the ad valorem taxes paid to the City of Irving for the preceding tax year by the percentage set forth in Section D below for each type of Rebate. B. Primary Rebate – The Primary Rebate amount as set forth in Section D shall be available if, during the preceding calendar year, UTI meets the Minimum Threshold Eligibility Requirements. C. Premium Rebate – UTI may obtain a Premium Rebate in an amount as set forth in Section D if, in addition to UTI meeting the Minimum Threshold Eligibility Requirements, at least six (6) of the new or transferred into the city employees employed on the Premises reside within the corporate limits of the City of Irving. D. Annual Rates of Rebate – The following shall be the UTI annual rates for calculation of the Rebate amount: Tax Year 1 2 3 4 5

Primary Rebate 35% 35% 35% 35% 35%

Premium Rebate 5% 5% 5% 5% 5%

UTI Total Rebate 40% 40% 40% 40% 40%

E. Minimum Total Property Valuation – Should the valuation of the Eligible Property Value fall below $5,000,000, (total “combined incremental taxable assessed value” of real and business personal property on DCAD tax roll must meet or exceed $5,000,000 over the amount assessed for January 1, 2009) there shall be no Rebate allowed that year or any other future year until the combined incremental taxable assessed valuation of the Eligible Property Value equals or exceeds $5,000,000. F. Minimum Average Salary Per Employee – Should the average annual salary per employee fall below $49,000, there shall be no Rebate allowed that year or any

UTI Economic Incentive Agreement

5

Packet Pg. 95

Attachment: UTI 380 Agreement (2968 : 8 UTI Economic Incentive Agreement)

V. RATE OF REBATE

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other future year until the average annual salary per employee equals or exceeds $49,000. G. Minimum Number of New Employees – Should the number of employees fall below forty (40), there shall be no Rebate allowed that year or any other future year until the number of employees equals or exceeds forty (40).

Each year in which a Rebate is due and payable to UTI, the CITY shall calculate the Rebate amount and make the Rebate payment to UTI, via check or other acceptable means (less the $3,000 contribution to the Irving Economic Development Partnership), no later than March 31 of the applicable year, provided Ad Valorem taxes for the preceding tax year have been paid to the City of Irving. The first year in which a Rebate could be due would be for the 2010 tax year making the Rebate payment due on March 31, 2011. VII RECORDS AND AUDITS A. Not later than January 31 of each applicable year, UTI shall submit to the CITY a certification as to (i) the number of employees working within the Premises as of January 1 of the preceding year, (ii) the number of square feet of space occupied in the Qualified Facilities on January 1 of the preceding year, (iii) the average annual salary per employee on January 1 of the preceding year of the employees working within the Premises and (iv) the number of employees residing within the City of Irving. B. At all times throughout the term of this Agreement, the CITY or its agents shall have reasonable access to the Premises by CITY employees (upon prior notice to UTI) for the purpose of inspecting same to ensure that the Qualified Facilities are maintained in accordance with the specifications and conditions of this Agreement; provided that UTI shall have the right to accompany CITY employees on any such inspection and that such inspection shall be limited to examining only that information necessary to determining the basis for this abatement. C. The Premises at all times shall be used in a manner that is consistent with City of Irving Zoning Ordinance No. 1144 as amended, and the Policy Statement, and consistent with the general purpose of encouraging development within the CITY. VIII. BREACH A. CITY may modify this agreement, subject to the notice and cure provisions stated in section VIII. B. below, if UTI fails to comply with its terms. B. In the event that (i) the Qualified Facilities for which a Rebate has been granted are not occupied in accordance with this Agreement; or (ii) UTI allows its ad valorem taxes with respect to real or personal property to become delinquent and fails to timely and properly follow the legal procedures for protest and/or contest of any such ad UTI Economic Incentive Agreement

6

Packet Pg. 96

Attachment: UTI 380 Agreement (2968 : 8 UTI Economic Incentive Agreement)

VI PAYMENT OF REBATES

valorem property taxes; or (iii) UTI breaches any of the terms or conditions of this Agreement, then UTI shall be in default of this Agreement. In the event UTI defaults in its performance of (i), (ii), or (iii) above, the CITY shall give UTI written notice of such default and if UTI has not cured such default within thirty (30) days of said written notice, or, if such default cannot be cured by the payment of money or posting of a bond or other collateral acceptable to the CITY, and cannot with due diligence be cured within such thirty (30) day period owing to causes beyond the control of UTI, this Agreement may be terminated by the CITY; provided, however, that if such default is not reasonably susceptible of cure within such thirty (30) day period and UTI has commenced and is pursuing the cure of same, then, after first advising the City Council of UTI ’s efforts to cure same, UTI may utilize an additional (60) days for such purposes, provided further that if the breach is failure to report by January 31 as required, UTI shall only have 1 additional 30 day time period to complete the required reporting before the City may terminate this agreement. Time, in addition to the foregoing ninety (90) days, may be authorized by the City Council. Except as provided in Sections V- E, F. and G., CITY’s sole and exclusive remedy for any breach of this Agreement during the period of Primary Rebate, in the event of default after the expiration of the applicable notice and cure periods, is that the CITY receive from UTI as liquidated damages a refund of all Rebates paid by the CITY to UTI, for the entire Rebate period, and interest thereon be charged at the statutory rate for delinquent taxes as determined by Section 33.01 of the Code, as amended, from the date of the default for breach, and will become a debt from UTI to the CITY. Such amount shall be due, owing, and paid by UTI within sixty (60) days of the expiration of the above-mentioned applicable cure periods as the sole remedy of the CITY, subject to any and all lawful offsets, settlements, deductions, or credits to which UTI may be entitled. Provided, however, should the number of actual full time employees on the Premises fall below fifty percent (50%) of the minimum number of full time employees required by this Agreement, then the CITY may consider this reduction in the number of employees to be a breach of this Agreement and UTI may be required to pay the liquidated damages as provided for in the preceding sentence. The parties acknowledge that actual damages in the event of default and termination would be speculative and difficult to determine. Notwithstanding anything to the contrary set forth in this Agreement, upon UTI’s sale of the Premises to a permitted Purchaser pursuant to paragraph IX, below, which Purchaser assumes in writing all of UTI’s rights and obligations under this Agreement, UTI shall have no further liability to the City under this Agreement. IX. EFFECT OF SALE, ASSIGNMENT OR LEASE OF PROPERTY A. The Primary Rebate and Premium Rebate will continue during the term of this Agreement if the conditions for such Rebate(s) have been met, so long as UTI uses the Premises as set forth in B or C below, and UTI is not otherwise in default or breach of this agreement. B. Leases or subleases to UTI affiliates which result in a continuation of the business as an ongoing business in the Premises in the same general manner, shall not result in a forfeiture of either the Primary Rebate or Premium Rebate or require City Council approval.

UTI Economic Incentive Agreement

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Attachment: UTI 380 Agreement (2968 : 8 UTI Economic Incentive Agreement)

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C. Notwithstanding paragraphs A or B above, UTI may transfer its interest in this Agreement to a Purchaser of the Premises and said Purchaser will not lose eligibility to receive the Primary Rebate or Premium Rebate before the expiration of the five (5) year Rebate period should UTI sell the Premises and Qualified Facilities if the following conditions are first met:

2. UTI, the Purchaser, any of their affiliates, or the tenants of the Premises continues to employ at least forty (40) full time employees who shall work on the Premises and in the Qualified Facilities during the Rebate period in accordance with this Agreement; and 3. UTI, the Purchaser, any of their affiliates, or the tenants of the Premises meets all other requirements necessary to receive the Primary Rebate or Premium Rebate. The term "affiliate” as used herein with respect to UTI or a Purchaser shall mean a person or entity controlled by, controlling, or under common control with UTI or said Purchaser, as applicable. Control of an entity for these purposes shall mean direct or indirect ownership of at least fifty percent (50%) of the vote or value of the entity. X. INDEMNITY It is understood and agreed between the parties that UTI, in performing its obligations hereunder, is acting independently, and the CITY assumes no responsibilities or liabilities in connection therewith to UTI or to third parties and UTI agrees to indemnify and hold the CITY, its agents, employees and officers harmless therefrom. XI. NOTICE All notices called for or required by this Agreement shall be addressed to the following, or such other party or address as either party designates in writing, by certified mail, postage prepaid or by hand delivery: Universal Technical Institute of Texas, LLC Chad A. Freed, Esq. Senior Vice President and General Counsel Universal Technical Institute of Texas, LLC 20410 N. 19th Ave. Suite 200 Phoenix, AZ 85027

UTI Economic Incentive Agreement

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Attachment: UTI 380 Agreement (2968 : 8 UTI Economic Incentive Agreement)

1. UTI, the Purchaser, any of their affiliates, or the tenants of the Premises continues to occupy and use the Premises and Qualified Facilities during the Rebate period in accordance with this Agreement;

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CITY OF IRVING, TEXAS 825 W. Irving Boulevard Irving, TX 75060 Attn: City Secretary

This Agreement was authorized by resolution of the City Council that was approved by the affirmative vote of a majority of the City Council at its regularly scheduled City Council meeting on the 8th day of October, 2009, authorizing the Mayor to execute this Agreement on behalf of the CITY. XIII. BOARD OF DIRECTORS AUTHORIZATION This Agreement was entered into by an officer of UTI pursuant to authority granted by its members through a formally adopted Schedule of Authorizations. XIV. SEVERABILITY In the event any section, subsection, paragraph, sentence, phrase or word is held invalid, illegal, or unconstitutional, the balance of this Agreement shall stand, shall be enforceable and shall be read as if the parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase or word. XV. ESTOPPEL CERTIFICATE Any party hereto may request an estoppel certificate relating to this Agreement from another party hereto so long as the certificate is requested in connection with a bona fide business purpose. The certificate, which will upon request be addressed to a subsequent purchaser or assignee of UTI, shall include, but not necessarily be limited to, statements (to the best knowledge of the party providing such) that this Agreement is in full force and effect without default (or if default exists, the nature of default and curative action, which should be undertaken to cure same), the remaining term of this Agreement, the levels of Primary Rebate in effect, and such other matters reasonably requested by the party(ies) to receive the certificate. Any such certificate on behalf of the CITY shall be provided by the Chief Financial Officer for the City of Irving.

XVI. COMPANY UNDERSTANDING UTI, as party to this Agreement, shall be deemed a proper and necessary part in any litigation questioning or challenging the validity of this Agreement or any of the underlying Ordinances, Resolutions, or City Council actions authorizing same and UTI shall be entitled to intervene in said litigation. UTI Economic Incentive Agreement

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Attachment: UTI 380 Agreement (2968 : 8 UTI Economic Incentive Agreement)

XII. CITY COUNCIL AUTHORIZATION

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XVII. APPLICABLE LAW This Agreement shall be construed under the laws of the State of Texas. Venue for any action under this Agreement shall be the State District Court of Dallas County, Texas. This Agreement is performable in Dallas County, Texas.

A certified copy of this Agreement in recordable form may be recorded in the Deed Records of Dallas County, Texas.

UTI Economic Incentive Agreement

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Attachment: UTI 380 Agreement (2968 : 8 UTI Economic Incentive Agreement)

XVIII. RECORDATION OF AGREEMENT

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This Agreement constitutes the entire Economic Incentive Agreement between the parties, supercedes any prior understanding or written or oral economic incentive agreements or representations between the parties, and can be modified only by written instrument subscribed to by both parties. Notwithstanding the foregoing provision, this Agreement does not modify, alter, or amend any other agreement or instrument between the CITY and UTI relating to matters other than the Rebates. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. EXECUTED the ________ day of ______________________, 2009. CITY OF IRVING, TEXAS By: _______________________________ Herbert A. Gears, Mayor ATTEST: __________________________________ Janice Carroll, City Secretary, City of Irving APPROVED AS TO FORM: ______________________________ Charles R. Anderson, City Attorney, City of Irving Universal Technical Institute of Texas, LLC By: _______________________________ Chad A. Freed, Esq. Senior Vice President and General Counsel

UTI Economic Incentive Agreement

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Attachment: UTI 380 Agreement (2968 : 8 UTI Economic Incentive Agreement)

IX. ENTIRE AGREEMENT

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PARTNERSHIP ACKNOWLEDGEMENT

COUNTY OF DALLAS

§ § §

BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Chad A. Freed, Esq. Senior Vice President and General Counsel of Universal Technical Institute of Texas, LLC known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me he/she executed the same as a duly authorized officer of such limited liability company, and as the act and deed of such limited liability company, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _____ day of _______________, A.D., 2009.

_________________________________________ Notary Public in and for the State of Texas

_________________________________________ (Typed/Printed Name of Notary) My Commission Expires: ____________________

UTI Economic Incentive Agreement

12

Attachment: UTI 380 Agreement (2968 : 8 UTI Economic Incentive Agreement)

THE STATE OF TEXAS

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8

AGENDA ITEM SUMMARY Meeting: 10/8/2009 Recommending Department: Financial Services

DOC ID: 2977 LSR No:

Resolution -- Reimbursing the City of Irving for Capital Expenditures for Streets, Parks, Libraries and Economic Development Improvements in Advance of the 2010 General Obligation Bond Sale Administrative Comments 1. This item supports Strategic Goal No. 8: Sound Governance. 2. Impact: The approval of this resolution will allow the City to begin and finish certain capital projects ahead of schedule. 3. The City wishes to begin certain projects included in the 2010 G.O. Bond Program in an effort to bring these projects on-line at an earlier date. 4. The proposed reimbursement resolution allows the City to enter into contracts for the projects listed in Exhibit A. 5. The projects will be financed using currently available bond funds. 6. The reimbursement resolution provides that the funds advanced will be reimbursed with proceeds from the 2010 Bond Sale. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: No Previous Action: Res-2008-565

Review Completed By: Charles Anderson Council Action: Approved

. ATTACHMENTS: Exhibit A

(XLS)

CURRENT YEAR FINANCIAL IMPACT: The projects listed in Exhibit A will be financed using currently available bond funds and reimbursing those funds once the Go bonds are issued. REVISION INFORMATION: Prepared: 9/29/2009 01:53 PM by Brad Duff Last Updated: 9/30/2009 08:53 AM by Belinda Rowlett

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CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2977)

WHEREAS, the City of Irving, Texas (the “Issuer”), is a home-rule city authorized to finance its activities by issuing obligations the interest on which is excludable from gross income for federal income tax purposes (“tax-exempt obligations”) pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”); and WHEREAS, the Issuer will make, or has made not more than 60 days prior to the date hereof, payments with respect to the acquisition, construction, reconstruction, or renovation of the projects listed on Exhibit A attached hereto; and WHEREAS, the Issuer has concluded that it does not currently desire to issue tax-exempt obligations to finance the costs associated with the projects listed on Exhibit A attached hereto; and WHEREAS, the Issuer desires to reimburse itself for the costs associated with the projects listed on Exhibit A attached hereto from the proceeds of tax-exempt obligations to be issued subsequent to the date hereof; and WHEREAS, the Issuer reasonably expects to issue tax-exempt obligations to reimburse itself for the costs associated with the projects listed on Exhibit A attached hereto; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I.

THAT the Issuer reasonably expects to reimburse itself for all costs that have been or will be paid subsequent to the date that is 60 days prior to the date hereof and that are to be paid in connection with the acquisition, construction, reconstruction, or renovation of the projects listed on Exhibit A attached hereto from the proceeds of taxexempt obligations to be issued subsequent to the date hereof.

SECTION II.

THAT the Issuer reasonably expects that the maximum principal amount of taxexempt obligations issued to reimburse the Issuer for the costs associated with the projects listed on Exhibit A attached hereto will not exceed $18,500,000.

SECTION III.

THAT this resolution shall take effect from and after its final date of passage, and it is accordingly so ordered.

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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on October 8, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

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FY2009-2010 FALL CAPITAL IMPROVEMENT BOND PROGRAM GENERAL OBLIGATION BOND SALE $18,500,000

Goal 9

Streets

MacArthur Corridor Improvements Las Colinas Undergrounding

Goal 7

Parks

Campion Trails Lake Carolyn Promenade Land Acquisition

Libraries

Goal 3

Economic Development

Proposed Amount

Project

South Library West Irving Library

$ $ Streets Total: $

3,400,000 2,000,000 5,400,000

$ $ $ Parks Total: $

600,000 3,500,000 1,500,000 5,600,000

$ $ Facilities Total: $

1,000,000 4,500,000 5,500,000

Water Street - Lake Reclamation/Promenade

Total General Obligation Bond Program

$

2,000,000

Economic Development Total: $

2,000,000

$

18,500,000

Attachment: Exhibit A (2977 : 8 Reimbursement Resolution for 2010 GO Bonds)

Division

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Attachment: Exhibit A (2977 : 8 Reimbursement Resolution for 2010 GO Bonds)

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AGENDA ITEM SUMMARY Meeting: 10/8/2009 Recommending Department: Financial Services

DOC ID: 2978 LSR No:

Resolution -- Reimbursing the City of Irving for Capital Expenditures for Drainage Improvements in Advance of the 2010 Bond Sale Administrative Comments 1. This item supports Strategic Goal No. 8: Sound Governance. 2. Impact: The approval of this resolution will allow the City to begin and finish certain capital projects ahead of schedule. 3. The City wishes to begin the Lake Carolyn reclamation in preparation for the Water Street Project. 4. The proposed reimbursement resolution allows the City to enter into contracts for the reclamation. 5. The projects will be financed using currently available funds. 6. The reimbursement resolution provides that the funds advanced will be reimbursed with proceeds from the 2010 Bond Sale. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: No Previous Action: N/A

Review Completed By: Charles Anderson Council Action: N/A

. ATTACHMENTS: EXHIBIT A

(DOCX)

CURRENT YEAR FINANCIAL IMPACT: The projects listed in Exhibit A will be financed using currently available funds and reimbursing those funds once the Revenue Bonds are issued. REVISION INFORMATION: Prepared: 9/29/2009 03:19 PM by Brad Duff Last Updated: 10/2/2009 11:04 AM by Jennifer Dwyer

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CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2978)

WHEREAS, the City of Irving, Texas (the “Issuer”), is a home-rule city authorized to finance its activities by issuing obligations the interest on which is excludable from gross income for federal income tax purposes (“tax-exempt obligations”) pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”); and WHEREAS, the Issuer will make, or has made not more than 60 days prior to the date hereof, payments with respect to the acquisition, construction, reconstruction, or renovation of the projects listed on Exhibit A attached hereto; and WHEREAS, the Issuer has concluded that it does not currently desire to issue tax-exempt obligations to finance the costs associated with the projects listed on Exhibit A attached hereto; and WHEREAS, the Issuer desires to reimburse itself for the costs associated with the projects listed on Exhibit A attached hereto from the proceeds of tax-exempt obligations to be issued subsequent to the date hereof; and WHEREAS, the Issuer reasonably expects to issue tax-exempt obligations to reimburse itself for the costs associated with the projects listed on Exhibit A attached hereto; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I.

THAT the Issuer reasonably expects to reimburse itself for all costs that have been or will be paid subsequent to the date that is 60 days prior to the date hereof and that are to be paid in connection with the acquisition, construction, reconstruction, or renovation of the projects listed on Exhibit A attached hereto from the proceeds of taxexempt obligations to be issued subsequent to the date hereof.

SECTION II.

THAT the Issuer reasonably expects that the maximum principal amount of taxexempt obligations issued to reimburse the Issuer for the costs associated with the projects listed on Exhibit A attached hereto will not exceed $2,000,000.

SECTION III.

THAT this resolution shall take effect from and after its final date of passage, and it is accordingly so ordered.

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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on October 8, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

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EXHIBIT A PROPERTY DESCRIPTION

2010 Revenue Bonds – Uses Drainage – Lake Carolyn Reclamation Total

Amount $2,000,000 $2,000,000 Attachment: EXHIBIT A (2978 : 8 Reimb. Resolution for 2010 Drainage Bonds)

Description

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AGENDA ITEM SUMMARY Meeting: 10/8/2009 Recommending Department: Engineering

DOC ID: 2958 LSR No: N/A

Resolution -- Awarding a Contract to Texas State Utilities for Utility Undergrounding at the Irving Arts Center Project Administrative Comments 1. This item supports Strategic Goal No. 9: Infrastructure Network. 2. Impact: This contract provides for the installation and conduit only for the undergrounding of existing overhead electric, telephone, and cable lines along MacArthur Boulevard in front of the Irving Arts Center. 3. Verizon, Oncor, and Time Warner will install mechanical equipment and pull wiring under separate discretionary service agreements, and landscaping improvements will be performed, in an estimated amount of $472,000.00 for these services. 4. This project includes installing conduit and concrete pads for electric transformers in front of the baseball field for MacArthur High School with landscape improvements that enhance the MacArthur Boulevard corridor. 5. Texas State Utilities is recommended for award by the Capital Improvements Program/Engineering Department. 6. The recommended bid award amount of the project is $175,194.45. An additional $1,752.00 is needed for testing, bringing the total cost of this portion of the project to $176,946.45. The estimated cost of the entire project is $648,946.45. 7. Texas State Utilities is a Minority- and/or Women-owned Business (M/WBE) contractor. 8. Two of the five bids received are from M/WBE contractors. 9. Funding in the amount of $176,946.45 is available in the Non-Bond CIP Fund. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: Yes Previous Action: N/A

Review Completed By: N/A Council Action: N/A

. On September 4, 2009, bids were received for the Utility Undergrounding at the Irving Arts Center Project. Following is a tabulation of bids received: 1. Texas State Utilities $175,194.45 60 Working Days 2. Groves Electrical $178,541.20 60 Working Days 3. Henkels & McCoy $220,798.61 60 Working Days 4. Battson Contracting Co., Inc. $251,011.40 60 Working Days 5. The Fishel Company $252.681.17 60 Working Days

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ATTACHMENTS: Utility Undergrounding at IAC

(PDF)

CURRENT YEAR FINANCIAL IMPACT: 4001-1902-77010-909021 Budget: $176,946.45 Actual: $176,946.45 A Purchase Order will be issued when FY2009-10 funds are available. Budget Adjustment/Transfer Required: No REVISION INFORMATION: Prepared: 9/22/2009 10:02 AM by Lana King Last Updated: 10/1/2009 02:16 PM by Lana King

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CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2958)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I.

THAT the City Council hereby approves and accepts the bid of Texas State Utilities in the amount of $175,194.45 for Utility Undergrounding at the Irving Arts Center Project and awards the contract to said company in said amount and authorizes the Mayor to execute said contract.

SECTION II.

THAT $1,752.00 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. 4001-1902-77010-909021 in the total amount of $176,946.45.

SECTION IV.

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 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on October 8, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

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Attachment: Utility Undergrounding at IAC (2958 : 19 Awd Texas State Util for Undergrouding at IAC)

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Overhead Utilities To Be Lowered

Overhead Utilities To Be Lowered

8/18/2009

8/18/2009 12:00:35 PM

Utility Undergroundings at The Irving Arts Center City of Irving CIP/Engineering Department

´ 1 inch = 200 feet 0

100

Feet 200

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AGENDA ITEM SUMMARY Meeting: 10/8/2009 Recommending Department: Information Technology

DOC ID: 2935 LSR No: 10063

Resolution -- Approving a Memorandum of Understanding Between the City of Irving and the City of Frisco for the Use of the Irving Communications, Public Safety Radio Channels Administrative Comments 1. This item supports Strategic Goal No. 4: Safe and Secure City. 2. Impact: This Memorandum of Understanding (MOU) provides interoperability (direct patching) for Irving’s Public Safety Radio System for the City of Irving and the City of Frisco. There is no cost involved. 3. These channels can be used by local government jurisdictions, State and Federal agencies in Texas, and each of their associated emergency response organizations; and private sector emergency response organizations licensed or otherwise entitled to operate in the Public Safety Pool. 4. The MOU imposes certain protocols, procedures, and obligations upon jurisdictions hereby authorized to use licensed radio channels held by Irving. 5. The MOU authorizes the use of Irving licensed frequencies for the purpose of coordination between emergency response agencies and resources. Such coordination may occur during interagency operations, en-route travel, or onincident communications in accordance with an Incident Communications Plan. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: Yes Previous Action: No

Review Completed By: Carrie Morris Council Action: N/A

. ATTACHMENTS: MOU w Frisco to use Radio Channels

(PDF)

CURRENT YEAR FINANCIAL IMPACT: NONE REVISION INFORMATION: Prepared: 9/15/2009 03:58 PM by Lana King Last Updated: 9/30/2009 10:29 AM by Lana King

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CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2935)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I.

THAT the City Council hereby approves the attached Memorandum of Understanding between the City of Irving and the City of Frisco to establish permissions and guidelines for the use of the Irving Communications, Public Safety Radio channels, and the Mayor is authorized to execute said Memorandum of Understanding.

SECTION II.

THAT this resolution shall take effect from and after its final date of passage, and it is accordingly so ordered.

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on October 8, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

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Attachment: MOU w Frisco to use Radio Channels (2935 : 23 Agmt MOU with Frisco to Use Radio

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Attachment: MOU w Frisco to use Radio Channels (2935 : 23 Agmt MOU with Frisco to Use Radio

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Attachment: MOU w Frisco to use Radio Channels (2935 : 23 Agmt MOU with Frisco to Use Radio

12

AGENDA ITEM SUMMARY Meeting: 10/8/2009 Recommending Department: Corporate Communications

DOC ID: 2979 LSR No: N/A

Resolution -- Authorizing the Use of a New Identity Marking to Brand the City of Irving Administrative Comments 1. This item supports Strategic Goal No. 6: Effective Communications. 2. Impact: This resolution establishes a new identity marking to brand the City of Irving and effectively communicate with residents, visitors, and businesses. 3. The Council Communications Committee Chairwoman met with staff from several city departments, the Irving Convention and Visitors Bureau, and the Greater IrvingLas Colinas Chamber of Commerce to review potential identity markings. 4. On September 17, 2009, the Council Communications Committee reviewed possible identity marking designs and recommended a new identity marking for consideration. 5. The new identity marking was presented to the City Council for its review at the September 23, 2009, Work Session. 6. If approved, this item also authorizes the submission of an application to seek a federal trademark of the identity marking. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: No Previous Action:

Review Completed By: N/A Council Action:

ATTACHMENTS: CityofIrving_new

(PDF)

CURRENT YEAR FINANCIAL IMPACT: None REVISION INFORMATION: Prepared: 9/29/2009 04:21 PM by Tammy Hanson Last Updated: 10/2/2009 11:24 AM by Tammy Hanson

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CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2979)

WHEREAS, the City of Irving desires to establish a new identity marking to brand the City of Irving and effectively communicate with residents, visitors, and businesses; and WHEREAS, the City of Irving desires to make application to the United States Patent and Trademark Office for the new City of Irving identity marking; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I.

THAT the City Council hereby authorizes the City’s use of the new City of Irving identity marking.

SECTION II.

THAT the City Council hereby authorizes the submission of a Trademark/Service Mark Application to the United States Patent and Trademark Office for the registration of the new City of Irving identity marking, and authorizes the Mayor to execute said application and any other necessary documents related thereto.

SECTION III.

THAT this resolution shall take effect from and after its final date of passage, and it is accordingly so ordered.

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on October 8, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

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AGENDA ITEM SUMMARY Meeting: 10/8/2009 Recommending Department: Real Estate & Development

DOC ID: 2960 LSR No:

Resolution -- Supporting the Everest Heights Mixed-Use Development Project Administrative Comments 1. This item supports Strategic Goal No. 3: Economic Development. 2. Impact: Support for the unique mixed-use concept will facilitate leasing and financing for the development. 3. The new mixed-use retail and entertainment facilities will meet a market demand for the City of Irving. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: No Previous Action: N/A

Review Completed By: N/A Council Action: N/A

CURRENT YEAR FINANCIAL IMPACT: None REVISION INFORMATION: Prepared: 9/22/2009 02:09 PM by Cynthia Castro Last Updated: 10/1/2009 05:03 PM by Belinda Rowlett

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CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2960)

WHEREAS, the City of Irving is home to one of the largest South Asian populations in north Texas; and WHEREAS, Everest Heights has been planned and designed to serve an unmet market need in the City of Irving; and WHEREAS, Everest Heights will combine over 40 businesses including retail, banquet facilities, and offices; and WHEREAS, Everest Heights will be home to the first theater in the country with stadium seating designed specifically to display South Asian movies and will also be home to the first South Asian FM radio station; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I.

THAT the City Council hereby expresses its support for the Everest Heights development as an innovative, mixed-use facility to serve the needs not only of Irving’s residents but the residents of all of north Texas.

SECTION II.

THAT this resolution shall take effect from and after its final date of passage, and it is accordingly so ordered.

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on October 8, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney Packet Pg. 125

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AGENDA ITEM SUMMARY Meeting: 10/8/2009 Recommending Department: Irving Convention & Visitors Bureau

DOC ID: 2877 LSR No: 10039

Resolution -- Authorizing the Irving Convention and Visitors Bureau to Purchase Advertising Space in the Media Administrative Comments 1. This item supports Strategic Goal No. 3: Economic Development; 3.9 Coordinate development of the Regional Activity District and Entertainment Center. 2. Impact: Promote the City of Irving to potential visitors which will generate additional visitor spending in Irving. 3. The advertising schedule which includes both online and traditional media has been significantly reduced to $450,000.00 for the calendar year 2010. The final schedule will be determined based on proposals submitted, and the evaluation of these to select those that best address the primary objectives of the 2009-10 ICVB Marketing Plan. 4. Messaging will primarily focus on the Irving Convention Center as the 12-month countdown to the opening begins. Destination messaging will be focused primarily on the meetings trades and specialty publications within that segment; consumer messaging will be concentrated primarily through the Dallas/Fort Worth Area Tourism Council co-operative program. 5. Funding in the net amount of $450,000.00 for the period of October 1, 2009, through September 30, 2010, is included in the 2009-10 ICVB General Fund budget. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: No Previous Action: Res. 2008-459

Review Completed By: Karen Brophy Council Action: Authorized the purchase of advertising space in the media

. Additional Comments: Due to the current downturn in the hotel occupancy tax collections and debt service shortfalls, the Bureau Board of Directors recently approved a series of budget reductions, including revising the originally proposed 2009-10 media schedule from $700,000 to $450,000. Funding to purchase advertising space is $416,424.00 less than for the 2008-2009 fiscal year. Much of the funding for this item comes from the balance of the ICVB Building Fund, which was established to supplement pre-opening sales and marketing requirements, and which was absorbed by the ICVB General Fund in 2009-10. Details of the media schedule by category including information on the various customer categories are attached (Attachment 1).

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The purchasing of advertising in print and other media is an expenditure qualified under Texas Local Government Code Section 252.022(16). ATTACHMENTS: A. ICVB 2009-10 Media Schedule(PDF) CURRENT YEAR FINANCIAL IMPACT: 2201-3506-565402-800 Budget: $400,000.00 2201-3506-565310-800 Budget: $50,000.00 Budget Adjustment/Transfer Required: No

Actual: $400,000.00 Actual: $50,000.00

REVISION INFORMATION: Prepared: 8/19/2009 07:24 AM by Jane Kilburn Last Updated: 10/1/2009 07:08 AM by Jane Kilburn

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CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2877)

WHEREAS, the purchase of advertising space in the media promotes tourism and the convention and hotel industry as a promotional program to attract tourists and convention registrants to Irving; and WHEREAS, the Irving Convention and Visitors Bureau marketing program provides for the purchasing of advertising in print and other media, and is an expenditure qualified under Texas Local Government Code Section 252.022(16); NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I.

THAT the City Council hereby authorizes the Irving Convention and Visitors Bureau to purchase advertising space in the media up to a maximum of $450,000.00 through September 30, 2010.

SECTION II.

THAT this expenditure shall be charged to Account No. 2201-3506-565402-800 in the amount of $400,000.00 and Account No. 2201-3506-565310-800 in the amount of $50,000.00.

SECTION III.

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

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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on October 8, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

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ATTACHMENT 1

Breakdown by Category Total budgeted funding available: $450,000.00 1.

Co-op Programs (Primary vehicle for 2009-10 leisure market messaging is cooperative marketing programs with area CVBs and other tourism entities.)

$ 50,000

2.

Meeting/Group Planners & Business Travelers

$400,000

Detailed Information As stated in the Bureau’s 2009-10 Marketing Plan, the primary objectives of the Bureau’s advertising program are:  Continue to focus upon destination brand awareness in a variety of publications and programs because we largely serve as the lone voice for the destination in the outer-market.  Continue to have a strong presence in corporate trade publications since the majority of Irving’s travel business is driven by corporate visitors.  Supplement corporate trade publication ad buy with publications that cater to non-corporate business. The 2009-10 media schedule continues to focus its primary interest on publications targeting groups as group and business travel continues to be Irving’s core market. Irving will continue to aggressively position our city as a meeting specialist with a uniquely convenient location to capitalize on all of DFW’s assets. We will deliver that message through targeted print and online mediums such as: Successful Meetings, Meetings & Conventions, Meeting News, MPG, Corporate & Incentive Travel, Corporate Meetings and Incentives, Sports Travel, etc. The Bureau will also deliver specific target messages and promotions to market segments where the Bureau is concentrating sales efforts, via industry- and organization-specific newsletters, such as Social, Military, Educational, Religious and Fraternal (SMERF) publications; Sports Travel publications; thirdparty management newsletters; etc. Individual consumers, traveling for both business and leisure, will be targeted primarily through cooperative marketing programs with area CVBs and other tourism entities. Programs like these, which market the entire metropolitan area, have proved to be effective in reaching this market, particularly the drive-to market in the five contiguous states. Supplemental to this will be Irving-specific messages in regional publications, as well as online opportunities that may be identified. Special attention will be paid to advertising efforts directed toward the new Irving Convention Center so the facility is effectively marketed and positioned from its inception, and effectively synthesized into the Bureau’s overall media placement schedule.

j.citydocs.ais.mediaauthor09-10attach 9/03/2009 9/25/2009 8:25:25 AM

Attachment: A. ICVB 2009-10 Media Schedule (2877 : 35 - Authorize ICVB to Purchase Advertising Space)

IRVING CONVENTION AND VISITORS BUREAU 2009-10 MEDIA SCHEDULE

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AGENDA ITEM SUMMARY Meeting: 10/8/2009 Recommending Department: Intergovernmental Services

DOC ID: 2944 LSR No:

Resolution -- Approving a Fee Agreement with Dean International, Inc., for Assistance in Transportation and Infrastructure Services Administrative Comments 1. This item supports Strategic Goals No. 3: Economic Development and No. 9: Infrastructure Network 2. Impact: This fee agreement will allow for the continuance of public policy and consulting expertise by Dean International, Inc., for transportation and infrastructure related services including: strategy development, analysis, and real-time reporting of key Irving projects/initiatives. 3. Additionally, the contract provides for program development and administration and support services for the annual Irving Transportation and Infrastructure Convention (Washington D.C.) and Summit (Irving). The agreement provides for a monthly services rate of $20,000.00 plus expenses over the one-year contract. 3. Funding in the amount of $730,000.00 is available in the General Fund. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: Yes Previous Action: N/A

Review Completed By: Kuruvilla Oommen Council Action: N/A

. ATTACHMENTS: Dean transportation contract

(PDF)

CURRENT YEAR FINANCIAL IMPACT: 1001-1001-564919-100 $260,000.00 1001-1003-56401-100 $470,000.00 REVISION INFORMATION: Prepared: 9/17/2009 03:50 PM by Jennifer Dwyer Last Updated: 9/18/2009 01:29 PM by Jennifer Dwyer

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CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2944)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I.

THAT the City Council hereby approves the attached agreement between the City of Irving and Dean International, Inc., for transportation and infrastructure policy consulting services in the amount not to exceed $730,000.00, and the Mayor is authorized to execute said agreement.

SECTION II.

THAT this expenditure shall be charged to Account No. 1001-1001-564919-100 in the amount of $260,000.00 and Account No. 1001-1003-56401-100 in the amount of $470,000.00.

SECTION III.

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 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on October 8, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

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Attachment: Dean transportation contract (2944 : 40 Agmt Dean Intl- Transportation)

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AGENDA ITEM SUMMARY Meeting: 10/8/2009 Recommending Department: Intergovernmental Services

DOC ID: 2892 LSR No:

Resolution -- Approving a Fee Agreement with Dean International, Inc., for Assistance in Water Services Administrative Comments 1. This item supports Strategic Goals No. 3: Economic Development and No. 9: Infrastructure Network 2. Impact: This fee agreement will allow for the continuance of public policy and consulting expertise by Dean International, Inc., for water related services including: strategy development, analysis, and real-time reporting of key Irving projects/initiatives. The agreement provides for a monthly services rate of $30,000.00 plus up to $30,000.00 in expenses over the one year contract. 3. Funding in the amount of $390,000.00 is available in the Water Resources Development Fund. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: Yes Previous Action: N/A

Review Completed By: Kuruvilla Oommen Council Action: N/A

. ATTACHMENTS: Dean Water Contract

(PDF)

CURRENT YEAR FINANCIAL IMPACT: 5423-3204-56401-1160 $390,000.00 REVISION INFORMATION: Prepared: 8/26/2009 03:18 PM by Kathryn Guerra Last Updated: 9/28/2009 10:42 AM by Jennifer Dwyer

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CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2892)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I.

THAT the City Council hereby approves the attached agreement between the City of Irving and Dean International, Inc., for water policy consulting services in the amount not to exceed $390,000.00, and the Mayor is authorized to execute said agreement.

SECTION II.

THAT this expenditure shall be charged to Account No. 5423-3204-56401-1160.

SECTION III.

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 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on October 8, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

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Attachment: Dean Water Contract (2892 : 40 Approving a Fee Agreement with Dean Intl- Water)

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AGENDA ITEM SUMMARY Meeting: 10/8/2009 Recommending Department: Government Services

DOC ID: 2636 LSR No: 10094

Resolution -- Approving a Professional Services Agreement for Engineering and Planning Services with Nathan D. Maier Consulting Engineers for the Provision of Water Acquisition Projects/Initiatives Administrative Comments 1. This item supports Strategic Goals No. 3: Economic Development and No. 9: Infrastructure Network 2. Impact: Nathan D. Maier Engineering and consulting services have been of great value to the Irving Transportation and Infrastructural Services Team regarding water development and land acquisition initiatives 3. The agreement provides for planning and analysis assistance for the acquisition of future water resources, maximization of pipeline assets and revenue generation. The consultant’s expertise regarding contracting assistance, water rights analysis, water rights and storage rights acquisition is a critical component to the city’s strategic water planning process. 4. The firm’s capabilities in project modeling and financial analysis are paramount to the success of Irving’s future water development and ROW acquisition initiatives. 5. Total cost of the agreement is not to exceed $600,000.00 including estimated expenses. 6. Funding in the amount of $600,000.00 is available in the Water & Sewer System Fund. 7. Nathan D. Maier is a 100% Woman-Owned Business Enterprise. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: Yes Previous Action: 3-13-08-103

Review Completed By: K. Oommen Council Action: Approved initial agreement

. ATTACHMENTS: NDM Final Contract (PDF) CURRENT YEAR FINANCIAL IMPACT: 5402-3204-56401-1160

Budget: $600,000.00

REVISION INFORMATION:

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Prepared: 5/15/2009 02:52 PM by Jennifer Dwyer Last Updated: 10/1/2009 02:03 PM by Kathryn Guerra

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CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2636)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I.

THAT the City Council hereby approves the attached agreement between the City of Irving and Nathan D. Maier Consulting Engineers, Inc., for engineering and planning services relative to water acquisition projects and initiatives in the amount not to exceed $600,000.00, and the Mayor is authorized to execute said agreement.

SECTION II.

THAT this expenditure shall be charged to Account No. 5402-3204-56401-1160.

SECTION III.

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 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on October 8, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

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Attachment: NDM Final Contract (2636 : 40 Appr Agmt Nathan Maier- Water Acq)

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AGENDA ITEM SUMMARY Meeting: 10/8/2009 Recommending Department: Intergovernmental Services

DOC ID: 2972 LSR No: 10080

Resolution -- Approving an Agreement Between the City of Irving and EMISSTAR, L.L.C to Provide Emissions Technology Consulting for the Environmental Protection Agency’s Emerging Technologies Grant Project for the City of Irving, Texas Administrative Comments 1. This item supports Strategic Goal No. 10: Environmental Sustainability. 2. Impact: This professional services contract will provide for the required quarterly emissions reporting in the recently awarded Environmental Protection Agency’s Emerging Technology Grant. 3. EMISSTAR is a consulting firm specializing in emissions, energy and sustainable technologies reporting for the transportation sector. EMISSTAR is a sole source vendor and is uniquely qualified for these services due to the fact that EMISSTAR has extensive experience in installation, emissions measurement testing and indepth knowledge of the SCRT technology being utilized, which is not yet commercially available. 4. Funding in the amount of $83,708.00 for the period of October 1, 2009, through September 30, 2010, is available in the Garage Fund. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: Yes Previous Action: Approved grant acceptance

Review Completed By: C. Morris Council Action:

. ATTACHMENTS: EMISSTAR Contract

(PDF)

CURRENT YEAR FINANCIAL IMPACT: 6603-4012-56401-1160 $83,708.00 REVISION INFORMATION: Prepared: 9/25/2009 03:51 PM by Kathryn Guerra Last Updated: 10/2/2009 11:44 AM by Jennifer Dwyer

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CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2972)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I.

THAT the City Council hereby approves the attached agreement between the City of Irving and EMISSTAR, L.L.C., for testing services relative to the required quarterly emissions reporting in the Environmental Protection Agency’s Emerging Technology Grant project in the amount of $83,708, and the Mayor is authorized to execute said agreement.

SECTION II.

THAT this expenditure shall be charged to Account No. 6603-4012-56401-1160.

SECTION III.

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 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on October 8, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

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AGENDA ITEM SUMMARY Meeting: 10/8/2009 Recommending Department: Intergovernmental Services

DOC ID: 2973 LSR No: 10191

Resolution -- Authorizing the Mayor to Accept American Recovery and Reinvestment Act Funding in an Amount Up to $2,058,600 through the U.S. Department of Energy’s Energy Efficiency and Conservation Block Grant Administrative Comments 1. This item supports Strategic Goal No. 10: Environmental Sustainability. 2. Impact: This funding, offered through the U.S. Department of Energy’s Energy Efficiency and Conservation Block Grant Program, allows the City of Irving to implement renewable energy and energy conservation projects, including the installation of solar powered LED street lights on the Irving Boulevard corridor. 3. The Department of Energy has awarded an initial $73,339.00 for the development of an Energy Efficiency and Conservation Strategy that supports the goals of the Energy Efficiency and Conservation Block Grant program. 4. A second award for the implementation of a solar powered LED street light project will be granted after the approval of an Energy Efficiency and Conservation Strategy. 5. The funding period for this grant is from October 1, 2009, to September 30, 2010. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: Yes Previous Action: N/A

Review Completed By: C. Morris Council Action: N/A

ATTACHMENTS: DOE Award - Assistance_Agreement_Form[1] (PDF) DOE Award DE-EE0000966 (RTF) CURRENT YEAR FINANCIAL IMPACT: NONE REVISION INFORMATION: Prepared: 9/25/2009 03:58 PM by Kathryn Guerra Last Updated: 10/2/2009 11:54 AM by Belinda Rowlett

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CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2973)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I.

THAT the City Council hereby approves the attached Assistance Agreement between the City of Irving and the U.S. Department of Energy (DOE) for funding through the DOE’s Energy Efficiency and Conservation Block Grant (EECBG) program to develop and implement an Energy Efficiency and Conservation Strategy (EECS) in the City of Irving for the purpose of emissions reductions and reduced fossil fuel consumption at an initial project cost of $73,339.00 for the period of August 1, 2009, to October 31, 2010, and the Mayor is authorized to execute said agreement.

SECTION II.

THAT the City of Irving will be awarded additional project funding in the approximate amount of $1,985,261.00 from October 1, 2009, to September 30, 2010, under the EECBG program upon completion of an EECS, and the Mayor is authorized to execute any necessary agreement.

SECTION III.

THAT this resolution shall take effect from and after its final date of passage, and it is accordingly so ordered.

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on October 8, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

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NOT SPECIFIED /OTHER ASSISTANCE AGREEMENT 1. Award No.

2. Modification No.

DE-EE0000966

3. Effective Date

4. CFDA No.

09/07/2009

81.128

6. Sponsoring Office

7. Period of Performance

IRVING, CITY OF Attn: TOMMY GONZALEZ 825 W IRVING BLVD IRVING TX 750602845

Golden Field Office U.S. Department of Energy Golden Field Office 1617 Cole Blvd. Golden CO 80401

09/07/2009 through 09/06/2012

8. Type of Agreement

X Grant Cooperative Agreement

9. Authority

10. Purchase Request or Funding Document No.

PL 110-140, EISA 2007 PL 111-5, Recovery Act 2009

09EE003933

Other 11. Remittance Address

12. Total Amount

13. Funds Obligated

IRVING, CITY OF Attn: TOMMY GONZALEZ 825 W IRVING BLVD IRVING TX 750602845

Govt. Share: $2,058,600.00 Cost Share : $0.00 Total : $2,058,600.00

This action: $73,339.00 Total : $73,339.00

14. Principal Investigator

15. Program Manager

16. Administrator

Kathryn Guerra Phone: 972-721-8079

Mitchell James Duran Phone: 303-275-4772

Golden Field Office U.S. Department of Energy Golden Field Office 1617 Cole Blvd. Golden CO 80401-3393

17. Submit Payment Requests To

18. Paying Office

19. Submit Reports To

See Attachment #2

20. Accounting and Appropriation Data

EECBG 21. Research Title and/or Description of Project

RECOVERY ACT: CITY OF IRVING, TX ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT For the Recipient

For the United States of America

22. Signature of Person Authorized to Sign

23. Name and Title

25. Signature of Grants/Agreements Officer

24. Date Signed

26. Name of Officer

27. Date Signed

Sara J. Wilson

09/08/2009

NOT SPECIFIED /OTHER

Attachment: DOE Award - Assistance_Agreement_Form[1] (2973 : 40 Authorizing the Mayor to accept grant funding)

5. Awarded To

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NOT SPECIFIED /OTHER REFERENCE NO. OF DOCUMENT BEING CONTINUED

CONTINUATION SHEET

PAGE

2

DE-EE0000966

OF

3

NAME OF OFFEROR OR CONTRACTOR

IRVING, CITY OF SUPPLIES/SERVICES

(A)

(B)

QUANTITY UNIT

(C)

DUNS Number: 064142888 In addition to this Assistance Agreement, this award consists of the items listed in the Special Terms and Conditions, Provision 2, Award Agreement Terms and Conditions. In Block 7 of the Assistance Agreement, the Period of Performance reflects the beginning of the project through the end of the current Budget Period, shown as 09/07/2009 through 09/06/2012. Block 12 of this Assistance Agreement indicates the Recipient's total allocation. Block 13 of this Assistance Agreement indicates the Total Obligated Amount for this action. The funds available in ASAP to the Recipient through this action are limited to $73,339 due to Provision Number 15, Staged Disbursement Clause of the Special Terms and Conditions. DOE Award Administrator: Nicole Blackstone E-mail: [email protected] Phone: 303-275-4879 DOE Project Officer: Mitch Duran E-mail: [email protected] Phone: 303-275-4772 Recipient Business Officer: Kathryn Guerra E-mail: [email protected] Phone: 972-721-8079 Recipient Principal Investigator: E-mail: [email protected] Phone: 972-721-8079

Kathryn Guerra

Electronic signature or signatures as used in this document means a method of signing an electronic message that-(A) Identifies and authenticates a particular person as the source of the electronic message; (B) Indicates such person's approval of the information contained in the electronic message; and, (C) Submission via FedConnect constitutes electronically signed documents.

(D)

UNIT PRICE

(E)

AMOUNT

(F)

Attachment: DOE Award - Assistance_Agreement_Form[1] (2973 : 40 Authorizing the Mayor to accept grant funding)

ITEM NO.

ASAP: Yes Extent Competed: NOT AVAIL FOR COMP Delivery Location Code: 03601 Golden Field Office Continued ... July 2004

NOT SPECIFIED /OTHER

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DE-EE0000966

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3

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IRVING, CITY OF SUPPLIES/SERVICES

(A)

(B)

QUANTITY UNIT

(C)

U.S. Department of Energy Golden Field Office 1617 Cole Blvd. Golden CO 80401-3393 Payment: OR for Golden U.S. Department of Energy Oak Ridge Financial Service Center P.O. Box 4517 Oak Ridge TN 37831 Fund: 05796 Appr Year: 2009 Allottee: 31 Report Entity: 200835 Object Class: 41020 Program: 1005115 Project: 2004350 WFO: 0000000 Local Use: 0000000 TAS Agency: 89 TAS Account: 0331

(D)

UNIT PRICE

(E)

AMOUNT

(F)

Attachment: DOE Award - Assistance_Agreement_Form[1] (2973 : 40 Authorizing the Mayor to accept grant funding)

ITEM NO.

July 2004

NOT SPECIFIED /OTHER

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SPECIAL TERMS AND CONDITIONS Table of Contents 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23.

24.

25. 26.

27.

Subject

Page

RESOLUTION OF CONFLICTING CONDITIONS .................................................... 2 AWARD AGREEMENT TERMS AND CONDITIONS ............................................... 2 ELECTRONIC AUTHORIZATION OF AWARD DOCUMENTS ................................ 2 PAYMENT PROCEDURES - ADVANCES THROUGH THE AUTOMATED STANDARD APPLICATION FOR PAYMENTS (ASAP) SYSTEM ........................... 2 CEILING ON ADMINISTRATIVE COSTS................................................................. 3 LIMITATIONS ON USE OF FUNDS.......................................................................... 3 REIMBURSABLE INDIRECT COSTS AND FRINGE BENEFITS COSTS................ 3 USE OF PROGRAM INCOME .................................................................................. 4 STATEMENT OF FEDERAL STEWARDSHIP ......................................................... 4 SITE VISITS.............................................................................................................. 4 REPORTING REQUIREMENTS ............................................................................... 4 PUBLICATIONS ....................................................................................................... 5 FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS........................................ 5 LOBBYING RESTRICTIONS.................................................................................... 5 STAGED DISBURSEMENT...................................................................................... 5 NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS............... 7 HISTORIC PRESERVATION .................................................................................... 7 WASTE STREAM ..................................................................................................... 8 DECONTAMINATION AND/OR DECOMMISSIONING (D&D) COSTS .................... 8 SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (May 2009)............................... 8 REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF THE RECOVERY ACT...................................................................................... 13 NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS -- SENSE OF CONGRESS........................................................ 13 REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS – SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 ............................................................................. 14 REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS (COVERED UNDER INTERNATIONAL AGREEMENTS) – SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009..... 17 WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT ........................................................................................................................ 21 RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMING SUBRECIPIENTS.................................... 21 DAVIS-BACON ACT REQUIREMENTS ................................................................. 22

Attachment: DOE Award DE-EE0000966 (2973 : 40 Authorizing the Mayor to accept grant funding)

Number

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1.

RESOLUTION OF CONFLICTING CONDITIONS

2. AWARD AGREEMENT TERMS AND CONDITIONS This award/agreement consists of the Assistance Agreement, plus the following: a. Special Terms and Conditions. b. Attachments: Attachment Number Title 1. Statement of Project Objectives 2. Federal Assistance Reporting Checklist and Instructions 3. Budget Pages (SF 424A) c. Program regulations, if applicable. d. DOE Assistance Regulations, 10 CFR Part 600 at http://ecfr.gpoaccess.gov. e. Application/proposal as approved by DOE. f. National Policy Assurances to Be Incorporated as Award Terms in effect on date of award at http://management.energy.gov/business_doe/1374.htm. 3. ELECTRONIC AUTHORIZATION OF AWARD DOCUMENTS Acknowledgement of award documents by the Recipient’s authorized representative through electronic systems used by the Department of Energy, specifically FedConnect, constitutes the Recipient's acceptance of the terms and conditions of the award. Acknowledgement via FedConnect by the Recipient’s authorized representative constitutes the Recipient's electronic signature. 4. PAYMENT PROCEDURES - ADVANCES THROUGH THE AUTOMATED STANDARD APPLICATION FOR PAYMENTS (ASAP) SYSTEM a. Method of Payment. Payment will be made by advances through the Department of Treasury’s ASAP system. b. Requesting Advances. Requests for advances must be made through the ASAP system. You may submit requests as frequently as required to meet your needs to disburse funds for the Federal share of project costs. If feasible, you should time each request so that you receive payment on the same day that you disperse funds for direct project costs and the proportionate share of any allowable indirect costs. If same-day transfers are not feasible, advance payments must be as close to actual disbursements as administratively feasible.

Attachment: DOE Award DE-EE0000966 (2973 : 40 Authorizing the Mayor to accept grant funding)

Any apparent inconsistency between Federal statutes and regulations and the terms and conditions contained in this award must be referred to the DOE Award Administrator for guidance.

c. Adjusting payment requests for available cash. You must disburse any funds that are available from repayments to and interest earned on a revolving fund, program income, 2 Packet Pg. 186

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rebates, refunds, contract settlements, audit recoveries, credits, discounts, and interest earned on any of those funds before requesting additional cash payments from DOE.

5. CEILING ON ADMINISTRATIVE COSTS a. Local government and Indian Tribe Recipients may not use more than 10 percent of amounts provided under this program, or $75,000, whichever is greater (EISA Sec 545 (b)(3)(A)), for administrative expenses, excluding the costs of meeting the reporting requirements under Title V, Subtitle E of EISA. These costs should be captured and summarized for each activity under the Projected Costs Within Budget: Administration. b. Recipients are expected to manage their administrative costs. DOE will not amend an award solely to provide additional funds for changes in administrative costs. The Recipient shall not be reimbursed on this project for any final administrative costs that are in excess of the designated 10 percent administrative cost ceiling. In addition, the Recipient shall neither count costs in excess of the administrative cost ceiling as cost share, nor allocate such costs to other federally sponsored project, unless approved by the Contracting Officer. 6. LIMITATIONS ON USE OF FUNDS a. By accepting funds under this award, you agree that none of the funds obligated on the award shall be expended, directly or indirectly, for gambling establishments, aquariums, zoos, golf courses or swimming pools. b. Local government and Indian tribe Recipients may not use more than 20 percent of the amounts provided or $250,000, whichever is greater (EISA Sec 545 (b)(3)(B)), for the establishment of revolving loan funds. c. Local government and Indian tribe Recipients may not use more than 20 percent of the amounts provided or $250,000, whichever is greater (EISA Sec 545 (b)(3)(C)), for subgrants to nongovernmental organizations for the purpose of assisting in the implementation of the energy efficiency and conservation strategy of the eligible unit of local government or Indian tribe. 7. REIMBURSABLE INDIRECT COSTS AND FRINGE BENEFITS COSTS

Attachment: DOE Award DE-EE0000966 (2973 : 40 Authorizing the Mayor to accept grant funding)

d. Payments. All payments are made by electronic funds transfer to the bank account identified on the ASAP Bank Information Form that you filed with the U.S. Department of Treasury.

a. The Recipient is expected to manage their final negotiated project budgets, including their indirect costs and fringe benefit costs. DOE will not amend an award solely to provide additional funds for changes in the indirect and/or fringe benefit costs or for changes in rates used for calculating these costs. DOE recognizes that the inability to obtain full reimbursement for indirect or fringe benefit costs means the Recipient must 3 Packet Pg. 187

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b. If actual allowable indirect and/or fringe benefit costs are less than those budgeted and funded under the award, the Recipient may use the difference to pay additional allowable direct costs during the project period. If at the completion of the award the Government’s share of total allowable costs (i.e., direct and indirect), is less than the total costs reimbursed, the Recipient must refund the difference. 8. USE OF PROGRAM INCOME If you earn program income during the project period as a result of this award, you may add the program income to the funds committed to the award and used to further eligible project objectives. 9. STATEMENT OF FEDERAL STEWARDSHIP DOE will exercise normal Federal stewardship in overseeing the project activities performed under this award. Stewardship activities include, but are not limited to, conducting site visits; reviewing performance and financial reports; providing technical assistance and/or temporary intervention in unusual circumstances to correct deficiencies which develop during the project; assuring compliance with terms and conditions; and reviewing technical performance after project completion to ensure that the award objectives have been accomplished. 10. SITE VISITS DOE’s authorized representatives have the right to make site visits at reasonable times to review project accomplishments and management control systems and to provide technical assistance, if required. You must provide, and must require your subawardees to provide, reasonable access to facilities, office space, resources, and assistance for the safety and convenience of the government representatives in the performance of their duties. All site visits and evaluations must be performed in a manner that does not unduly interfere with or delay the work. 11. REPORTING REQUIREMENTS a. Requirements. The reporting requirements for this award are identified on the Federal Assistance Reporting Checklist, DOE F 4600.2, attached to this award. Failure to comply with these reporting requirements is considered a material noncompliance with the terms of the award. Noncompliance may result in withholding of future payments, suspension or termination of the current award, and withholding of future awards. A willful failure to perform, a history of failure to perform, or unsatisfactory performance of this and/or other financial assistance awards, may also result in a debarment action to preclude future awards by Federal agencies.

Attachment: DOE Award DE-EE0000966 (2973 : 40 Authorizing the Mayor to accept grant funding)

absorb the underrecovery. Such underrecovery may be allocated as part of the Recipient’s cost share.

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b. Additional Recovery Act Reporting Requirements are found in the Provision below labeled: “REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF THE RECOVERY ACT.”

a. You are encouraged to publish or otherwise make publicly available the results of the work conducted under the award. b. An acknowledgment of DOE support and a disclaimer must appear in the publication of any material, whether copyrighted or not, based on or developed under this project, as follows: Acknowledgment: “This material is based upon work supported by the Department of Energy [National Nuclear Security Administration] [add name(s) of other agencies, if applicable] under Award Number(s) [enter the award number(s)].” Disclaimer: “This report was prepared as an account of work sponsored by an agency of the United States Government. Neither the United States Government nor any agency thereof, nor any of their employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by the United States Government or any agency thereof. The views and opinions of authors expressed herein do not necessarily state or reflect those of the United States Government or any agency thereof.” 13. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS You must obtain any required permits and comply with applicable federal, state, and municipal laws, codes, and regulations for work performed under this award. 14. LOBBYING RESTRICTIONS By accepting funds under this award, you agree that none of the funds obligated on the award shall be expended, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913. This restriction is in addition to those prescribed elsewhere in statute and regulation.

Attachment: DOE Award DE-EE0000966 (2973 : 40 Authorizing the Mayor to accept grant funding)

12. PUBLICATIONS

15. STAGED DISBURSEMENT a. The total funding allocation for this award, shown in Block 12 of the Agreement Cover Page, is anticipated to be obligated according to a staged disbursement 5 Packet Pg. 189

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1. The initial disbursement of funds, shown in Block 13 of the Agreement Cover Page, is obligated on the award for the Recipient to develop the EECS and approved activities. 2. Within 120 days of the award date shown in Block 27 of the Agreement Cover Page, The Recipient must submit the following requirements for DOE’s review. Upon receipt of these requirements, DOE will review the submissions and finalize negotiations with the Recipient. -

Energy Efficiency Conservation Strategy (EECS). Project Activity Sheets that correspond with the EECS. Budget Budget Justification NEPA forms, if applicable.

3. After the parties complete negotiations of all final special terms and conditions for this award, the Contracting Officer will modify this award and obligate 50% of the total remaining funding (total allocation minus the amount obligated for this award) for payment of costs incurred by the Recipient, in accordance with the payment provisions contained in the Special Terms and Conditions. The Recipient may then receive payment for allowable costs incurred or recognize costs incurred toward cost share requirements, as applicable, in accordance with the payment provisions. 4. Project performance will be monitored and corrective action taken, as necessary, to ensure acceptable performance under the award. The balance of funding will be obligated after one or more progress reviews in which the Recipient must demonstrate that it has made satisfactory progress on their activities, obligated funds appropriately, complied with reporting requirements, and created jobs. After each progress review where DOE determines the Recipient has satisfied the requirements, the Contracting Officer will approve modifications of the award and obligate the remaining 50% of the residual allocation amount in appropriate increments. b.

The funds currently obligated on the award are shown in Block 13 of the Agreement Cover Page and show the availability of funds to the Recipient for payment of costs incurred by the Recipient. No additional funds will be disbursed to the Recipient for payment, and DOE does not guarantee or assume any obligation to reimburse costs incurred by the Recipient, until the requirements are met for each stage of the EECS process.

Attachment: DOE Award DE-EE0000966 (2973 : 40 Authorizing the Mayor to accept grant funding)

schedule because the Recipient is required to submit an Energy Efficiency Conservation Strategy (EECS) and other application requirements for DOE review and approval. All funds must be obligated/committed within 18 months of the effective date of the award and expended within 36 months of the effective date of the award.

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c.

Failure by the Recipient to provide an Energy Efficiency Conservation Strategy (EECS) within 120 of the award date shown in Block 27 of the Agreement Cover Page to the Contracting Officer will be deemed a Noncompliance pursuant to 10 CFR 600.24. Failure by the Recipient to demonstrate acceptable performance under the award will also be deemed as a Noncompliance. If a noncompliance with the award occurs, the Contracting Officer may unilaterally terminate or suspend this award and deobligate the amounts obligated. In such case, the Recipient shall not be reimbursed for costs incurred at the Recipient’s risk, as described in paragraph b. above.

16. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS You are restricted from taking any action using Federal funds, which would have an adverse effect on the environment or limit the choice of reasonable alternatives prior to DOE providing either a NEPA clearance or a final NEPA decision regarding this project. This restriction does not preclude you from developing, establishing, or planning an Energy Efficiency & Conservation Strategy (EECS). If you move forward with activities that are not authorized for Federal funding by the DOE Contracting Officer in advance of the final NEPA decision, you are doing so at risk of not receiving Federal funding and such costs may not be recognized as allowable cost share. If this award includes construction activities, you must submit an environmental evaluation report/evaluation notification form addressing NEPA issues prior to DOE initiating the NEPA process. 17. HISTORIC PRESERVATION Prior to the expenditure of Federal funds to alter any structure or site, the Recipient is required to comply with the requirements of Section 106 of the National Historic Preservation Act (NHPA), consistent with DOE’s 2009 letter of delegation of authority regarding the NHPA. Section 106 applies to historic properties that are listed in or eligible for listing in the National Register of Historic Places. In order to fulfill the requirements of Section 106, the recipient must contact the State Historic Preservation Officer (SHPO), and, if applicable, the Tribal Historic Preservation Officer (THPO), to coordinate the Section 106 review outlined in 36 CFR Part 800. SHPO contact information is available at the following link: http://www.ncshpo.org/find/index.htm. THPO contact information is available at the following link: http://www.nathpo.org/map.html . Section 110(k) of the NHPA applies to DOE funded activities. Recipients shall avoid taking any action that results in an adverse effect to historic properties pending compliance with Section 106.

Attachment: DOE Award DE-EE0000966 (2973 : 40 Authorizing the Mayor to accept grant funding)

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Recipients should be aware that the DOE Contracting Officer will consider the recipient in compliance with Section 106 of the NHPA only after the Recipient has submitted adequate background documentation to the SHPO/THPO for its review, and the SHPO/THPO has provided written concurrence to the Recipient that it does not object to its Section 106 7 Packet Pg. 191

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finding or determination. Recipient shall provide a copy of this concurrence to the Contracting Officer.

Prior to the expenditure of Federal funds to dispose of sanitary or hazardous waste, the Recipient is required to provide documentation to the Project Officer demonstrating that it has prepared a disposal plan for sanitary or hazardous waste generated by the proposed activities. Sanitary or hazardous waste includes, but is not limited to, old light bulbs, lead ballasts, piping, roofing material, discarded equipment, debris, asbestos, etc. The DOE Contracting Officer shall consider compliance with this clause complete only after the Recipient has submitted adequate documentation to DOE for its review, and DOE has provided written approval to the Recipient of its proposed plan to dispose of its sanitary or hazardous waste. 19. DECONTAMINATION AND/OR DECOMMISSIONING (D&D) COSTS Notwithstanding any other provisions of this Agreement, the Government shall not be responsible for or have any obligation to the Recipient for (i) Decontamination and/or Decommissioning (D&D) of any of the Recipient’s facilities, or (ii) any costs which may be incurred by the Recipient in connection with the D&D of any of its facilities due to the performance of the work under this Agreement, whether said work was performed prior to or subsequent to the effective date of the Agreement. 20. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (May 2009) Preamble The American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, (Recovery Act) was enacted to preserve and create jobs and promote economic recovery, assist those most impacted by the recession, provide investments needed to increase economic efficiency by spurring technological advances in science and health, invest in transportation, environmental protection, and other infrastructure that will provide long-term economic benefits, stabilize State and local government budgets, in order to minimize and avoid reductions in essential services and counterproductive State and local tax increases. Recipients shall use grant funds in a manner that maximizes job creation and economic benefit. The Recipient shall comply with all terms and conditions in the Recovery Act relating generally to governance, accountability, transparency, data collection and resources as specified in Act itself and as discussed below.

Attachment: DOE Award DE-EE0000966 (2973 : 40 Authorizing the Mayor to accept grant funding)

18. WASTE STREAM

Recipients should begin planning activities for their first tier subrecipients, including obtaining a DUNS number (or updating the existing DUNS record), and registering with the Central Contractor Registration (CCR). 8 Packet Pg. 192

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The Government has not fully developed the implementing instructions of the Recovery Act, particularly concerning specific procedural requirements for the new reporting requirements. The Recipient will be provided these details as they become available. The Recipient must comply with all requirements of the Act. If the recipient believes there is any inconsistency between ARRA requirements and current award terms and conditions, the issues will be referred to the Contracting Officer for reconciliation. Definitions For purposes of this clause, Covered Funds means funds expended or obligated from appropriations under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5. Covered Funds will have special accounting codes and will be identified as Recovery Act funds in the grant, cooperative agreement or TIA and/or modification using Recovery Act funds. Covered Funds must be reimbursed by September 30, 2015. Non-Federal employer means any employer with respect to covered funds -- the contractor, subcontractor, grantee, or recipient, as the case may be, if the contractor, subcontractor, grantee, or recipient is an employer; and any professional membership organization, certification of other professional body, any agent or licensee of the Federal government, or any person acting directly or indirectly in the interest of an employer receiving covered funds; or with respect to covered funds received by a State or local government, the State or local government receiving the funds and any contractor or subcontractor receiving the funds and any contractor or subcontractor of the State or local government; and does not mean any department, agency, or other entity of the federal government. Recipient means any entity that receives Recovery Act funds directly from the Federal government (including Recovery Act funds received through grant, loan, or contract) other than an individual and includes a State that receives Recovery Act Funds. Special Provisions A. Flow Down Requirement

Attachment: DOE Award DE-EE0000966 (2973 : 40 Authorizing the Mayor to accept grant funding)

Be advised that Recovery Act funds can be used in conjunction with other funding as necessary to complete projects, but tracking and reporting must be separate to meet the reporting requirements of the Recovery Act and related guidance. For projects funded by sources other than the Recovery Act, Contractors must keep separate records for Recovery Act funds and to ensure those records comply with the requirements of the Act.

Recipients must include these special terms and conditions in any subaward. B. Segregation of Costs Recipients must segregate the obligations and expenditures related to funding under the Recovery Act. Financial and accounting systems should be revised as necessary to 9 Packet Pg. 193

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segregate, track and maintain these funds apart and separate from other revenue streams. No part of the funds from the Recovery Act shall be commingled with any other funds or used for a purpose other than that of making payments for costs allowable for Recovery Act projects.

None of the funds provided under this agreement derived from the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, may be used by any State or local government, or any private entity, for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. D. Access to Records With respect to each financial assistance agreement awarded utilizing at least some of the funds appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, any representative of an appropriate inspector general appointed under section 3 or 8G of the Inspector General Act of 1988 (5 U.S.C. App.) or of the Comptroller General is authorized -(1) to examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or any State or local agency administering such contract that pertain to, and involve transactions that relate to, the subcontract, subcontract, grant, or subgrant; and (2) to interview any officer or employee of the contractor, grantee, subgrantee, or agency regarding such transactions. E. Publication An application may contain technical data and other data, including trade secrets and/or privileged or confidential information, which the applicant does not want disclosed to the public or used by the Government for any purpose other than the application. To protect such data, the applicant should specifically identify each page including each line or paragraph thereof containing the data to be protected and mark the cover sheet of the application with the following Notice as well as referring to the Notice on each page to which the Notice applies: Notice of Restriction on Disclosure and Use of Data The data contained in pages ---- of this application have been submitted in confidence and contain trade secrets or proprietary information, and such data shall be used or disclosed only for evaluation purposes, provided that if this applicant receives an award as a result of or in connection with the submission of this application, DOE shall have the right to use or disclose the data here to the extent provided in the award. This restriction does not limit the Government's right to use or disclose data obtained without restriction from any source, including the applicant.

Attachment: DOE Award DE-EE0000966 (2973 : 40 Authorizing the Mayor to accept grant funding)

C. Prohibition on Use of Funds

Information about this agreement will be published on the Internet and linked to the website www.recovery.gov, maintained by the Accountability and Transparency Board. The Board 10 Packet Pg. 194

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may exclude posting contractual or other information on the website on a case-by-case basis when necessary to protect national security or to protect information that is not subject to disclosure under sections 552 and 552a of title 5, United States Code.

The requirements of Section 1553 of the Act are summarized below. They include, but are not limited to: Prohibition on Reprisals: An employee of any non-Federal employer receiving covered funds under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing, including a disclosure made in the ordinary course of an employee's duties, to the Accountability and Transparency Board, an inspector general, the Comptroller General, a member of Congress, a State or Federal regulatory or law enforcement agency, a person with supervisory authority over the employee (or other person working for the employer who has the authority to investigate, discover or terminate misconduct), a court or grant jury, the head of a Federal agency, or their representatives information that the employee believes is evidence of: - gross management of an agency contract or grant relating to covered funds; - a gross waste of covered funds; - a substantial and specific danger to public health or safety related to the implementation or use of covered funds; - an abuse of authority related to the implementation or use of covered funds; or - as violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) or grant, awarded or issued relating to covered funds. Agency Action: Not later than 30 days after receiving an inspector general report of an alleged reprisal, the head of the agency shall determine whether there is sufficient basis to conclude that the non-Federal employer has subjected the employee to a prohibited reprisal. The agency shall either issue an order denying relief in whole or in part or shall take one or more of the following actions: - Order the employer to take affirmative action to abate the reprisal. - Order the employer to reinstate the person to the position that the person held before the reprisal, together with compensation including back pay, compensatory damages, employment benefits, and other terms and conditions of employment that would apply to the person in that position if the reprisal had not been taken. - Order the employer to pay the employee an amount equal to the aggregate amount of all costs and expenses (including attorneys' fees and expert witnesses' fees) that were reasonably incurred by the employee for or in connection with, bringing the complaint regarding the reprisal, as determined by the head of a court of competent jurisdiction.

Attachment: DOE Award DE-EE0000966 (2973 : 40 Authorizing the Mayor to accept grant funding)

F. Protecting State and Local Government and Contractor Whistleblowers.

Nonenforceability of Certain Provisions Waiving Rights and remedies or Requiring Arbitration: Except as provided in a collective bargaining agreement, the rights and remedies provided to aggrieved employees by this section may not be waived by any agreement, 11 Packet Pg. 195

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Requirement to Post Notice of Rights and Remedies: Any employer receiving covered funds under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, shall post notice of the rights and remedies as required therein. (Refer to section 1553 of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, www.Recovery.gov, for specific requirements of this section and prescribed language for the notices.). G. Reserved H. False Claims Act Recipient and sub-recipients shall promptly refer to the DOE or other appropriate Inspector General any credible evidence that a principal, employee, agent, contractor, sub-grantee, subcontractor or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity or similar misconduct involving those funds. I. Information in Support of Recovery Act Reporting Recipient may be required to submit backup documentation for expenditures of funds under the Recovery Act including such items as timecards and invoices. Recipient shall provide copies of backup documentation at the request of the Contracting Officer or designee. J. Availability of Funds Funds obligated to this award are available for reimbursement of costs until 36 months after the award date. K. Additional Funding Distribution and Assurance of Appropriate Use of Funds Certification by Governor – For funds provided to any State or agency thereof by the American Reinvestment and Recovery Act of 2009, Pub. L. 111-5, the Governor of the State shall certify that: 1) the state will request and use funds provided by the Act; and 2) the funds will be used to create jobs and promote economic growth. Acceptance by State Legislature -- If funds provided to any State in any division of the Act are not accepted for use by the Governor, then acceptance by the State legislature, by means of the adoption of a concurrent resolution, shall be sufficient to provide funding to such State.

Attachment: DOE Award DE-EE0000966 (2973 : 40 Authorizing the Mayor to accept grant funding)

policy, form, or condition of employment, including any predispute arbitration agreement. No predispute arbitration agreement shall be valid or enforceable if it requires arbitration of a dispute arising out of this section.

Distribution -- After adoption of a State legislature's concurrent resolution, funding to the State will be for distribution to local governments, councils of government, public entities, and public-private entities within the State either by formula or at the State's discretion. 12 Packet Pg. 196

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With respect to funds made available to State or local governments for infrastructure investments under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, the Governor, mayor, or other chief executive, as appropriate, certified by acceptance of this award that the infrastructure investment has received the full review and vetting required by law and that the chief executive accepts responsibility that the infrastructure investment is an appropriate use of taxpayer dollars. Recipient shall provide an additional certification that includes a description of the investment, the estimated total cost, and the amount of covered funds to be used for posting on the Internet. A State or local agency may not receive infrastructure investment funding from funds made available by the Act unless this certification is made and posted. 21. REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF THE RECOVERY ACT (a) This award requires the recipient to complete projects or activities which are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act) and to report on use of Recovery Act funds provided through this award. Information from these reports will be made available to the public. (b) The reports are due no later than ten calendar days after each calendar quarter in which the Recipient receives the assistance award funded in whole or in part by the Recovery Act. (c) Recipients and their first-tier subrecipients must maintain current registrations in the Central Contractor Registration (http://www.ccr.gov) at all times during which they have active federal awards funded with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (http://www.dnb.com) is one of the requirements for registration in the Central Contractor Registration. (d) The recipient shall report the information described in section 1512(c) of the Recovery Act using the reporting instructions and data elements that will be provided online at http://www.FederalReporting.gov and ensure that any information that is pre-filled is corrected or updated as needed. 22. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS -- SENSE OF CONGRESS It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this award should be American-made.

Attachment: DOE Award DE-EE0000966 (2973 : 40 Authorizing the Mayor to accept grant funding)

L. Certifications

*Special Note: Definitization of the Provisions entitled, “REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS – SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009” and “REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS (COVERED UNDER 13 Packet Pg. 197

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23. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS – SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (a) Definitions. As used in this award term and condition— (1) Manufactured good means a good brought to the construction site for incorporation into the building or work that has been— (i) Processed into a specific form and shape; or (ii) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials. (2) Public building and public work means a public building of, and a public work of, a governmental entity (the United States; the District of Columbia; commonwealths, territories, and minor outlying islands of the United States; State and local governments; and multiState, regional, or interstate entities which have governmental functions). These buildings and works may include, without limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings and works. (3) Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. (b) Domestic preference. (1) This award term and condition implements Section 1605 of the American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111–5), by requiring that all iron, steel, and manufactured goods used in the project are produced in the United States except as provided in paragraph (b)(3) and (b)(4) of this section and condition. (2) This requirement does not apply to the material listed by the Federal Government as follows: To Be Determined

Attachment: DOE Award DE-EE0000966 (2973 : 40 Authorizing the Mayor to accept grant funding)

INTERNATIONAL AGREEMENTS) – SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009” will be done upon definition and review of final activities.

(3) The award official may add other iron, steel, and/or manufactured goods to the list in paragraph (b)(2) of this section and condition if the Federal Government determines that—

14 Packet Pg. 198

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(ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent with the public interest. (c) Request for determination of inapplicability of Section 1605 of the Recovery Act . (1)(i) Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance with paragraph (b)(3) of this section shall include adequate information for Federal Government evaluation of the request, including— (A) A description of the foreign and domestic iron, steel, and/or manufactured goods; (B) Unit of measure; (C) Quantity; (D) Cost; (E) Time of delivery or availability; (F) Location of the project; (G) Name and address of the proposed supplier; and (H) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured goods cited in accordance with paragraph (b)(3) of this section. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this section. (iii) The cost of iron, steel, and/or manufactured goods material shall include all delivery costs to the construction site and any applicable duty. (iv) Any recipient request for a determination submitted after Recovery Act funds have been obligated for a project for construction, alteration, maintenance, or repair shall explain why the recipient could not reasonably foresee the need for such determination and could not have requested the determination before the funds were obligated. If the recipient does not submit a satisfactory explanation, the award official need not make a determination.

Attachment: DOE Award DE-EE0000966 (2973 : 40 Authorizing the Mayor to accept grant funding)

(i) The cost of the domestic iron, steel, and/or manufactured goods would be unreasonable. The cost of domestic iron, steel, or manufactured goods used in the project is unreasonable when the cumulative cost of such material will increase the cost of the overall project by more than 25 percent;

15 Packet Pg. 199

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(2) If the Federal Government determines after funds have been obligated for a project for construction, alteration, maintenance, or repair that an exception to section 1605 of the Recovery Act applies, the award official will amend the award to allow use of the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is nonavailability or public interest, the amended award shall reflect adjustment of the award amount, redistribution of budgeted funds, and/or other actions taken to cover costs associated with acquiring or using the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is the unreasonable cost of the domestic iron, steel, or manufactured goods, the award official shall adjust the award amount or redistribute budgeted funds by at least the differential established in 2 CFR 176.110(a). (3) Unless the Federal Government determines that an exception to section 1605 of the Recovery Act applies, use of foreign iron, steel, and/or manufactured goods is noncompliant with section 1605 of the American Recovery and Reinvestment Act. (d) Data. To permit evaluation of requests under paragraph (b) of this section based on unreasonable cost, the Recipient shall include the following information and any applicable supporting data based on the survey of suppliers: Foreign and Domestic Items Cost Comparison Unit of measure

Quantity

Cost (dollars)*

Foreign steel, iron, or manufactured good

_________

_________

_________

Domestic steel, iron, or manufactured good

_________

_________

_________

Foreign steel, iron, or manufactured good

_________

_________

_________

Domestic steel, iron, or manufactured good

_________

_________

_________

Description Item 1:

Item 2:

List name, address, telephone number, email address, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Attachment: DOE Award DE-EE0000966 (2973 : 40 Authorizing the Mayor to accept grant funding)

DE-EE0000966 / 000 City of Irving, TX

Include other applicable supporting information. *Include all delivery costs to the construction site.

16 Packet Pg. 200

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24. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS (COVERED UNDER INTERNATIONAL AGREEMENTS) – SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009

Designated country — (1) A World Trade Organization Government Procurement Agreement country (Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, and United Kingdom; (2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Israel, Mexico, Morocco, Nicaragua, Oman, Peru, or Singapore); or (3) A United States-European Communities Exchange of Letters (May 15, 1995) country: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, and United Kingdom. Designated country iron, steel, and/or manufactured goods — (1) Is wholly the growth, product, or manufacture of a designated country; or (2) In the case of a manufactured good that consist in whole or in part of materials from another country, has been substantially transformed in a designated country into a new and different manufactured good distinct from the materials from which it was transformed. Domestic iron, steel, and/or manufactured good — (1) Is wholly the growth, product, or manufacture of the United States; or (2) In the case of a manufactured good that consists in whole or in part of materials from another country, has been substantially transformed in the United States into a new and different manufactured good distinct from the materials from which it was transformed. There is no requirement with regard to the origin of components or subcomponents in manufactured goods or products, as long as the manufacture of the goods occurs in the United States.

Attachment: DOE Award DE-EE0000966 (2973 : 40 Authorizing the Mayor to accept grant funding)

(a) Definitions. As used in this award term and condition—

Foreign iron, steel, and/or manufactured good means iron, steel and/or manufactured good that is not domestic or designated country iron, steel, and/or manufactured good. Manufactured good means a good brought to the construction site for incorporation into the building or work that has been—

17 Packet Pg. 201

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(1) Processed into a specific form and shape; or

Public building and public work means a public building of, and a public work of, a governmental entity (the United States; the District of Columbia; commonwealths, territories, and minor outlying islands of the United States; State and local governments; and multiState, regional, or interstate entities which have governmental functions). These buildings and works may include, without limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings and works. Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. (b) Iron, steel, and manufactured goods. (1) The award term and condition described in this section implements— (i) Section 1605(a) of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111–5) (Recovery Act), by requiring that all iron, steel, and manufactured goods used in the project are produced in the United States; and (ii) Section 1605(d), which requires application of the Buy American requirement in a manner consistent with U.S. obligations under international agreements. The restrictions of section 1605 of the Recovery Act do not apply to designated country iron, steel, and/or manufactured goods. The Buy American requirement in section 1605 shall not be applied where the iron, steel or manufactured goods used in the project are from a Party to an international agreement that obligates the recipient to treat the goods and services of that Party the same as domestic goods and services. This obligation shall only apply to projects with an estimated value of $7,443,000 or more. (2) The recipient shall use only domestic or designated country iron, steel, and manufactured goods in performing the work funded in whole or part with this award, except as provided in paragraphs (b)(3) and (b)(4) of this section. (3) The requirement in paragraph (b)(2) of this section does not apply to the iron, steel, and manufactured goods listed by the Federal Government as follows:

Attachment: DOE Award DE-EE0000966 (2973 : 40 Authorizing the Mayor to accept grant funding)

(2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials.

To Be Determined (4) The award official may add other iron, steel, and manufactured goods to the list in paragraph (b)(3) of this section if the Federal Government determines that—

18 Packet Pg. 202

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(ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality; or (iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent with the public interest. (c) Request for determination of inapplicability of section 1605 of the Recovery Act or the Buy American Act. (1)(i) Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance with paragraph (b)(4) of this section shall include adequate information for Federal Government evaluation of the request, including— (A) A description of the foreign and domestic iron, steel, and/or manufactured goods; (B) Unit of measure; (C) Quantity; (D) Cost; (E) Time of delivery or availability; (F) Location of the project; (G) Name and address of the proposed supplier; and (H) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured goods cited in accordance with paragraph (b)(4) of this section. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this section. (iii) The cost of iron, steel, or manufactured goods shall include all delivery costs to the construction site and any applicable duty.

Attachment: DOE Award DE-EE0000966 (2973 : 40 Authorizing the Mayor to accept grant funding)

(i) The cost of domestic iron, steel, and/or manufactured goods would be unreasonable. The cost of domestic iron, steel, and/or manufactured goods used in the project is unreasonable when the cumulative cost of such material will increase the overall cost of the project by more than 25 percent;

(iv) Any recipient request for a determination submitted after Recovery Act funds have been obligated for a project for construction, alteration, maintenance, or repair shall explain why the recipient could not reasonably foresee the need for such determination and could not have requested the determination before the funds were obligated. If the recipient does not submit a satisfactory explanation, the award official need not make a determination.

19 Packet Pg. 203

19.b

(2) If the Federal Government determines after funds have been obligated for a project for construction, alteration, maintenance, or repair that an exception to section 1605 of the Recovery Act applies, the award official will amend the award to allow use of the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is nonavailability or public interest, the amended award shall reflect adjustment of the award amount, redistribution of budgeted funds, and/or other appropriate actions taken to cover costs associated with acquiring or using the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is the unreasonable cost of the domestic iron, steel, or manufactured goods, the award official shall adjust the award amount or redistribute budgeted funds, as appropriate, by at least the differential established in 2 CFR 176.110(a). (3) Unless the Federal Government determines that an exception to section 1605 of the Recovery Act applies, use of foreign iron, steel, and/or manufactured goods other than designated country iron, steel, and/or manufactured goods is noncompliant with the applicable Act. (d) Data. To permit evaluation of requests under paragraph (b) of this section based on unreasonable cost, the applicant shall include the following information and any applicable supporting data based on the survey of suppliers: Foreign and Domestic Items Cost Comparison Unit of measure

Quantity

Cost (dollars)*

Foreign steel, iron, or manufactured good

_________

_________

_________

Domestic steel, iron, or manufactured good

_________

_________

_________

Foreign steel, iron, or manufactured good

_________

_________

_________

Domestic steel, iron, or manufactured good

_________

_________

_________

Description Item 1:

Item 2:

List name, address, telephone number, email address, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Attachment: DOE Award DE-EE0000966 (2973 : 40 Authorizing the Mayor to accept grant funding)

DE-EE0000966 / 000 City of Irving, TX

Include other applicable supporting information. *Include all delivery costs to the construction site.

20 Packet Pg. 204

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(a) Section 1606 of the Recovery Act requires that all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to the Recovery Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the Department of Labor has issued regulations at 29 CFR parts 1, 3, and 5 to implement the Davis-Bacon and related Acts. Regulations in 29 CFR 5.5 instruct agencies concerning application of the standard Davis-Bacon contract clauses set forth in that section. Federal agencies providing grants, cooperative agreements, and loans under the Recovery Act shall ensure that the standard Davis-Bacon contract clauses found in 29 CFR 5.5(a) are incorporated in any resultant covered contracts that are in excess of $2,000 for construction, alteration or repair (including painting and decorating). (b) For additional guidance on the wage rate requirements of section 1606, contact your awarding agency. Recipients of grants, cooperative agreements and loans should direct their initial inquiries concerning the application of Davis-Bacon requirements to a particular federally assisted project to the Federal agency funding the project. The Secretary of Labor retains final coverage authority under Reorganization Plan Number 14. 26. RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMING SUBRECIPIENTS (a) To maximize the transparency and accountability of funds authorized under the American Recovery and Reinvestment Act of 2009 (Pub. L. 111–5) (Recovery Act) as required by Congress and in accordance with 2 CFR 215.21 “Uniform Administrative Requirements for Grants and Agreements” and OMB Circular A–102 Common Rules provisions, recipients agree to maintain records that identify adequately the source and application of Recovery Act funds. OMB Circular A–102 is available at http://www.whitehouse.gov/omb/circulars/a102/a102.html. (b) For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular A–133, “Audits of States, Local Governments, and Non-Profit Organizations,” recipients agree to separately identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF– SAC) required by OMB Circular A–133. OMB Circular A–133 is available at http://www.whitehouse.gov/omb/circulars/a133/a133.html. This shall be accomplished by identifying expenditures for Federal awards made under the Recovery Act separately on the SEFA, and as separate rows under Item 9 of Part III on the SF–SAC by CFDA number, and

Attachment: DOE Award DE-EE0000966 (2973 : 40 Authorizing the Mayor to accept grant funding)

25. WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT

21 Packet Pg. 205

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(c) Recipients agree to separately identify to each subrecipient, and document at the time of subaward and at the time of disbursement of funds, the Federal award number, CFDA number, and amount of Recovery Act funds. When a recipient awards Recovery Act funds for an existing program, the information furnished to subrecipients shall distinguish the subawards of incremental Recovery Act funds from regular subawards under the existing program. (d) Recipients agree to require their subrecipients to include on their SEFA information to specifically identify Recovery Act funding similar to the requirements for the recipient SEFA described above. This information is needed to allow the recipient to properly monitor subrecipient expenditure of ARRA funds as well as oversight by the Federal awarding agencies, Offices of Inspector General and the Government Accountability Office. 27. DAVIS-BACON ACT REQUIREMENTS Note: Where necessary to make the context of these articles applicable to this award, the term "Contractor" shall mean "Recipient" and the term "Subcontractor" shall mean "Subrecipient or Subcontractor" per the following definitions. Recipient means the organization, individual, or other entity that receives an award from DOE and is financially accountable for the use of any DOE funds or property provided for the performance of the project, and is legally responsible for carrying out the terms and conditions of the award. Subrecipient means the legal entity to which a subaward is made and which is accountable to the recipient for the use of the funds provided. The term may include foreign or international organizations (such as agencies of the United Nations). Davis-Bacon Act (a) Definition.--"Site of the work"-(1) Means-(i) The primary site of the work. The physical place or places where the construction called for in the award will remain when work on it is completed; and

Attachment: DOE Award DE-EE0000966 (2973 : 40 Authorizing the Mayor to accept grant funding)

inclusion of the prefix “ARRA-” in identifying the name of the Federal program on the SEFA and as the first characters in Item 9d of Part III on the SF–SAC.

(ii) The secondary site of the work, if any. Any other site where a significant portion of the building or work is constructed, provided that such site is-(A) Located in the United States; and (B) Established specifically for the performance of the award or project; 22 Packet Pg. 206

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(2) Except as provided in paragraph (3) of this definition, includes any fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., provided--

(ii) They are adjacent or virtually adjacent to the "primary site of the work" as defined in paragraph (a)(1)(i), or the "secondary site of the work" as defined in paragraph (a)(1)(ii) of this definition; (3) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool yards of a Contractor or subcontractor whose locations and continuance in operation are determined wholly without regard to a particular Federal award or project. In addition, fabrication plants, batch plants, borrow pits, job headquarters, yards, etc., of a commercial or material supplier which are established by a supplier of materials for the project before opening of bids and not on the Project site, are not included in the "site of the work." Such permanent, previously established facilities are not a part of the "site of the work" even if the operations for a period of time may be dedicated exclusively or nearly so, to the performance of a award. (b) (1) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, or as may be incorporated for a secondary site of the work, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Any wage determination incorporated for a secondary site of the work shall be effective from the first day on which work under the award was performed at that site and shall be incorporated without any adjustment in award price or estimated cost. Laborers employed by the construction Contractor or construction subcontractor that are transporting portions of the building or work between the secondary site of the work and the primary site of the work shall be paid in accordance with the wage determination applicable to the primary site of the work. (2) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (e) of this article; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such period.

Attachment: DOE Award DE-EE0000966 (2973 : 40 Authorizing the Mayor to accept grant funding)

(i) They are dedicated exclusively, or nearly so, to performance of the award or project; and

(3) Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in the article entitled Apprentices and Trainees. 23 Packet Pg. 207

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(4) The wage determination (including any additional classifications and wage rates conformed under paragraph (c) of this article) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (c) (1) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the award shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefore only when all the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination. (ii) The classification is utilized in the area by the construction industry. (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives and the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the: Wage and Hour Division Employment Standards Administration U.S. Department of Labor Washington, DC 20210 The Administrator or an authorized representative will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary. (3) In the event the Contractor, the laborers or mechanics to be employed in the classification, or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the Contracting Officer, to the Administrator of the Wage and Hour Division for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the

Attachment: DOE Award DE-EE0000966 (2973 : 40 Authorizing the Mayor to accept grant funding)

Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed.

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(4) The wage rate (including fringe benefits, where appropriate) determined pursuant to subparagraphs (c)(2) and (c)(3) of this article shall be paid to all workers performing work in the classification under this award from the first day on which work is performed in the classification. (d) Whenever the minimum wage rate prescribed in the award for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (e) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. Rates of Wages - Prior Approval for Proceeding with Davis-Bacon Construction Activities If the Recipient determines at any time that any construction, alteration, or repair activity as defined by 29 CFR 5.2(j) (http://cfr.vlex.com/vid/5-2-definitions-19681309) will be performed during the course of the project, the Recipient shall request approval from the Contracting Officer prior to commencing such work. If the Contracting Officer concurs with the Recipient’s determination, the Recipient must receive Contracting Officer approval to proceed with such activity, and must comply with all applicable Davis-Bacon requirements, prior to commencing such work. A modification to the award which incorporates the appropriate Davis-Bacon wage rate determination(s) will constitute the Contracting Officer’s approval to proceed. If the Contracting Officer does not concur with the Recipient’s determination, the Contracting Officer will so notify the Recipient in writing.

Attachment: DOE Award DE-EE0000966 (2973 : 40 Authorizing the Mayor to accept grant funding)

Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary.

25 Packet Pg. 209

20

AGENDA ITEM SUMMARY Meeting: 10/8/2009 Recommending Department: Housing and Human Services

DOC ID: 2974 LSR No:

Resolution -- Approving an Increase in Authorized Personnel for a Three Year Period to Deliver the Services Associated with the Homelessness Prevention and Rapid Re-Housing Program Grants and the Neighborhood Stabilization Program Grant Administrative Comments 1. This item supports Strategic Goal No. 2: Vibrant Neighborhoods. 2. Impact: These positions will ensure the provision of homelessness prevention services reaches the greatest number of residents in need and will assist in determining long term stability for Irving residents. 3. Due to the award of several homelessness-related grants, staff is requesting the reclass of the department’s Contract Compliance Coordinator to a Homelessness Prevention Coordinator position and a reclass of the Program Analyst position to Contract Compliance Coordinator for the duration of the grant funding. The incumbent in this position will develop, maintain, and coordinate the City’s Back on Track program, a comprehensive homelessness prevention and service program. Additionally, this position will assume all necessary case management duties. 4. Staff is requesting the increase in Authorized Personnel to reflect the hiring of a Case Worker and an Intake Worker. The Case Worker would be funded by each of the HPRP funds. The Intake Worker’s funding would be split between the HPRP finds and the NSP program (also providing intake service for that program). 5. Approval for these staffing decisions was made by the Reclass Committee and the Housing and Human Services Board. The need for these positions was presented to the Community Services Committee. Estimate costs for the two positions are $143,174.46 ($33,190.44 in NSP, $54,991.79 in HPRP Federal, $54,991.79 in HPRP State). 6. Funding in the amount of $2,289,877.00 is available in the Neighborhood Stabilization Program Fund, funding in the amount of $844,146.00 is available in the HPRP State Fund, and funding in the amount of $950,000.00 is available in the HPRP Sate fund. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: N/A Previous Action: Award

Review Completed By: N/A Council Action: RES-2009-336

. ATTACHMENTS: Packet Pg. 210

20

RES HPRP Personnel

(PDF)

CURRENT YEAR FINANCIAL IMPACT: 2021-4251-56401-9058 Budget: $2,289,877.00 2031-4257-56401-9058 Budget: $884,146.00 2032-4257-56401-9058 Budget: $950,000.00 Budget Adjustment/Transfer Required: No

Actual: $33,190.44 Actual: $54,991.79 Actual: $54,991.79

REVISION INFORMATION: Prepared: 9/25/2009 05:11 PM by Vicki Ebner Last Updated: 10/2/2009 09:44 AM by Vicki Ebner

Packet Pg. 211

20

CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2974)

WHEREAS, the City of Irving was awarded $2,940,000.00 in Neighborhood Stabilization Program funds from the Texas Department of Housing and Community Affairs, $930,680.00 in Homelessness Prevention and Rapid Re-housing Program funds from the U.S. Department of Housing and Urban Affairs, and $1,000,000.00 in Homelessness Prevention and Rapid Re-housing Program funds from the Texas Department of Housing and Community Affairs; and WHEREAS, these programs require adequate resources to deliver services to Irving residents; and WHEREAS, appropriate pay grades and job descriptions have been determined through compensation and budgetary analysis; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I.

THAT the City Council hereby approves an amendment to the authorized Schedule of Personnel for the Housing and Human Services Department which adds a Case Worker position and an Intake Worker position, with said positions being authorized for the duration of the grants funding these positions.

SECTION II.

THAT this resolution shall take effect from and after its final date of passage, and it is accordingly so ordered.

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on October 8, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney Packet Pg. 212

20.a

The City of Irving’s Back on Track Homelessness Prevention and Rapid Re‐Housing Program  Overview: 

A total of $930,680 was allocated directly by the U.S. Department of Housing and Urban Development  through a formula allocation process.  The City of Irving was successful in being allocated an additional  $1,000,000 by the Texas Department of Housing and Community Affairs (TDHCA) through its state wide  competitive application process.  

 

Financial  Assistance  

    $626,612  Federal  Allocation  $930,680  $703,799  State  Allocation  $1,000,000   

Approved HPRP Budgets  Administration  Data  Housing  Collection  Relocation  and  and  Evaluation  Stabilization         $211,000  $46,534  $46,534 

$225,000 

$46,201 

$25,000 

Expenditure  Deadlines 

66%  July 20,  2011 

100%  July 20,  2012 

 

August  30, 2011 

Financial assistance includes the following activities:  short‐term rental assistance (up to three months),  medium term rental assistance (up to one year in Irving program; up to 18 months allowable), security  deposits, utility deposits, utility payments, moving cost assistance, and motel or hotel vouchers (up to  30 days while awaiting arranged apartment).  According to federal HPRP guidance, housing relocation and stabilization services include the following  activities:  case  management,  outreach  (marketing),  housing  search  and  placement,  legal  services,  mediation, and credit repair. 

Attachment: RES HPRP Personnel (2974 : 42 HPRP Personnel)

The City of Irving has been allocated a total of $1,930,680 in two separate awards for the Homelessness  Prevention and Rapid Re‐Housing Program under the American Recovery and Reinvestment Act of 2009.  The  program  is  designed  to  provide  temporary  financial  assistance  and  housing  relocation  and  stabilization services to assist Irving residents who are or would be homeless without this assistance.   

Housing relocation and stabilization services are deemed to be a critical component of the program as  they  provide  services  designed  to  keep  people  in  housing  or  to  find  housing.    The  following  specific  services are available to program participants through this aspect of the program:  

Case  management:    arranging,  coordinating,  monitoring  and  delivering  services  related  to  meeting  the  housing  needs  of  program  participant  and  helping  them  obtain  housing  stability.  Component  services  may  include:    counseling;  developing,  securing  and  coordinating  services;  monitoring  and  evaluating  program  participant  progress;  assuring  the  program  participants’ 

Packet Pg. 213







rights  are  protected;  and  developing  individualized  housing  service  plans,  including  a  path  to  permanent housing stability subsequent to HPRP financial assistance.  Housing search and placement: locating, obtaining, and retaining suitable housing.  Component  services may include:  tenant counseling; assisting individuals and families to understand leases;  securing utilities’ making moving arrangements; representative payee services concerning rent  and  utilities;  and  mediation  and  outreach  to  property  owners  related  to  locating  or  retaining  housing.  Legal  services:    helping  people  stay  in  their  homes,  assisting  program  participants  with  legal  advice  and  representation  in  administrative  or  court  proceedings  related  to  tenant  /landlord  matters or rental housing issues.  Credit  repair:    assisting  program  participant  with  critical  skills  related  to  household  budgeting,  money  management,  accessing  free  personal  credit  reports,  and  resolving  personal  credit  issues. 

The City of Irving’s HPRP Program Design:  RFP Process  The City of Irving included HPRP federal applications with its regular, annual Emergency Solutions Grant and Community Development Block Grant (public services) applications for FY 2009-10 which were due to the Housing and Human Services Department on May 8, 2009 and which were recommended by the Housing and Human Services Department Board of Directors and approved by City Council on July 23, 2009. A total of four applications were received related to HPRP which are summarized below:

Application Details Total Requested Categories of Assistance Proposed

Percentage of Request for Direct Assistance

HPRP Application Summary Urban League Salvation Army Irving Cares

Legal Aid

$232,670

$175,000

$497,700

207,025

Salaries (1.8 positions) Audit costs* Office rent * Case management transportation & phone Client assistance Office supplies* *Ineligible items

Rent assistance Security deposits Utilities Hotel/motel vouchers Moving costs Bus vouchers*

Case management salary Rent (up to 3 months) Utility assistance*

43%

*Ineligible items

100%

Attachment: RES HPRP Personnel (2974 : 42 HPRP Personnel)

20.a

*Withdrew application

92%

0%

As shown above, the applicants for funding did not apply for the provision of longer term housing, and    Urban League was the only agency who would be willing to provide case management.  As a result, HHS  staff made the decision to internalize the medium term housing (housing for up to a year) to ensure the 

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provision of the service and to provide adequate supervision of the partner agencies.  With the receipt  of funds from the State of Texas, federal funds can be reprogrammed to increase the allocations to the  partner agencies for short term assistance.  The expansion of the required supervision, reporting, and activities will be expedited through the use of  a  central  client  entry  point.  Monthly  and  quarterly  reporting  deadlines  range  from  5  to  15  days,  and  reporting will be completed through several programs. By centralizing this task, staff can ensure timely  and accurate reporting. 

Each of the grants provides funding for the case management and support to execute this program. The  current Contract Compliance Coordinator has experience in case management as well as the knowledge  base  necessary  to  develop,  administrate,  and  maintain  the  program.  Staff  is  recommending  that  her  position  be  reclassified,  for  the  duration  of  the  grant,  to  a  Homelessness  Prevention  Coordinator.  She  will be responsible for the daily operation of the program, case management of Back‐on‐Track clients,  and the supervision of the case worker and intake worker positions.    To ensure the monitoring and contract requirements of the non‐homelessness related human services  are met, staff Is recommending that the Program Analyst position be moved to a Contract Compliance  Coordinator position. Both of these requested reclasses have been approved by the Reclass committee.  Staff is working with Strategic Resources for final approval of steps and grades. HHS Staff is working with  the Strategic Resources to evaluate possible compensation increases for these individuals.  Additionally,  staff  is  requesting  the  addition  of  a  Case  Worker  and  an  Intake  Worker  position.  These  positions  will  be  limited  term  City  of  Irving  employees  and  will  be  funded  through  the  homelessness  grants. The Intake Worker will also be funded in part from the Neighborhood Stabilization Program and  will provide intake assistance for both programs. The Reclass Committee approved the recommendation  to hire these two positions.     

Attachment: RES HPRP Personnel (2974 : 42 HPRP Personnel)

Program Delivery 

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AGENDA ITEM SUMMARY Meeting: 10/8/2009 Recommending Department: Police

DOC ID: 2867 LSR No: N/A

Resolution -- Renewing Annual Contract with GT Distributors, Inc., for Police Body Armor Administrative Comments 1. This item supports Strategic Goal No. 4: Safe and Secure City. 2. This item has been recommended by Police. 3. Impact: Body armor protection enables the City’s police officers to perform their duties with a higher degree of safety and effectiveness. 4. This renewal establishes the continuation of an annual contract to provide body armor. The original contract was awarded on the basis of competitive bids. 5. Pricing remains the same for this renewal in spite of increases from the manufacturer. 6. Funding in the net estimated amount of $74,433.48 for the period of November 1, 2009, through September 30, 2010, and in the net estimated amount of $6,766.68 for the period of October 1, 2010, through October 31, 2010, is available in the General Fund, subject to funds being appropriated in Fiscal Year 2010-11. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: N/A Review Completed By: N/A Previous Action: RES 2008-532 Council Action: Approved Award Comments: Service provided by the vendor is good; pricing remains the same and is competitive. This is the first of two renewal options for #242M-09F in the total net estimated amount of $82,200.16 for one year. CURRENT YEAR FINANCIAL IMPACT: 1001-0441-52401-200 Budget: $74,433.48 Est. Award: $74,433.48 Purchase orders will be issued as needed for annual contract. Budget Adjustment/Transfer Required: No REVISION INFORMATION: Prepared: 8/17/2009 03:19 PM by Marsha Hughes Last Updated: 9/23/2009 04:44 PM by Marsha Hughes

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CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2867)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I.

THAT the City Council hereby renews the annual contract with GT Distributors, Inc., in the net estimated amount of $74,433.48 for the period of November 1, 2009, through September 30, 2010, and in the net estimated amount of $6,766.68 for the period of October 1, 2010, through October 31, 2010, subject to funds being appropriated in Fiscal Year 2010-11, for Police Body Armor, and awards the renewal 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 Account No. 1001-0441-52401-200.

SECTION III.

THAT this resolution shall take effect from and after its final date of passage, and it is accordingly so ordered.

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on October 8, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

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22

AGENDA ITEM SUMMARY Meeting: 10/8/2009 Recommending Department: Police

DOC ID: 2956 LSR No: N/A

Resolution -- Approving and Accepting the Bids of Sunbeam Foods, Inc., and Southern Foods Group dba Schepps Dairy for an Annual Contract to Supply Prisoner Food Administrative Comments 1. This item supports Strategic Goal No. 4: Safe and Secure City. 2. This item has been recommended by Police. 3. Impact: This service provides incarcerated prisoners with nutritious meals. 4. This award establishes annual contracts for the continuation of providing prisoner food and utensils. 5. Funding in the net estimated amount of $94,310.52 for the period of November 1, 2009, through September 30, 2010, and in the net estimated amount of $8,573.68 for the period of October 1, 2010, through October 31, 2010, is available in the General Fund, subject to funds being appropriated in Fiscal Year 2010-11. Vendor Sunbeam Foods, Inc. Southern Foods Group dba Schepps Dairy Total Estimated Amount

Group A B

FY09-10 Est. Exp. $83,860.52 $10,450.00 $94,310.52

FY10-11 Est. Exp. $7,623.68 $ 950.00 $8,573.68

Total Annual Est. Exp. $ 91,484.20 $ 11,400.00 $102,884.20

Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: N/A Review Completed By: N/A Previous Action: N/A Council Action: N/A Comments: Purchasing sent solicitation notices to 30 vendors and received four responses. The low bidders meet specifications and are recommended for award. The award for #234M-09F is in the total net estimated amount of $102,884.20 for one year with two renewal options.

ATTACHMENTS: Response Summary

(PDF)

CURRENT YEAR FINANCIAL IMPACT: 1001-0441-56901-200 Budget: $94,310.52 Est. Amount: $94,310.52 Purchase Orders will be issued as needed for annual contracts. Budget Adjustment/Transfer Required: No REVISION INFORMATION: Prepared: 9/21/2009 11:32 AM by Marsha Hughes Last Updated: 9/29/2009 12:15 PM by Darlene Rush Packet Pg. 218

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CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2956)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I.

THAT the City Council hereby approves and accepts the bids of Sunbeam Foods, Inc., for Group A in the net estimated amount of $83,860.52 for the period of November 1, 2009, through September 30, 2010, and in the net estimated amount of $7,623.68 for the period of October 1, 2010, through October 31, 2010, subject to funds being appropriated in Fiscal Year 2010-11, and Southern Foods Group dba Schepps Dairy for Group B in the net estimated amount of $10,450.00 for the period of November 1, 2009, through September 30, 2010, and in the net estimated amount of $950.00 for the period of October 1, 2010, through October 31, 2010, subject to funds being appropriated in Fiscal Year 2010-11, for Prisoner Food, 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. 1001-0441-56901-200 in the total net estimated amount of $94,310.52.

SECTION III.

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

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22

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on October 8, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

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CITY OF IRVING RESPONSE SUMMARY PRISONER FOOD BID NUMBER: 234M-09F BID CLOSING DATE: August 18, 2009 PURCHASING AGENT: Marsha Hughes, 972.721.3754

VENDORS Group A - Food

Qty per Unit Price Total Case case of each Price 12 $2.24 $26.88 24 $1.10 $26.40 96 $0.50 $48.00 60 $0.95 $57.00 36 $0.75 $27.00 1000 $0.03 $30.00 1000 $0.03 $30.00 1000 $0.04 $40.00 500 $0.05 $25.00 50 $0.25 $12.50 32 $0.10 $3.20 500 $0.06 $30.00 72 $1.31 $94.32 3000 $0.02 $45.00

Group B - Milk 1,000 Homogenized milk, 1 pint

Total for Group B DISCOUNT % Subtotal Groups A & B Grand Total

Ben E. Keith Company

Five Star Correctional Services, Inc.

Item Qty (cs) Description 1 1,500 Frozen TV Dinners 1000 Frozen Pot Pies 2 3 450 Dry Cereal 4 100 Sandwiches 800 Fruit Bowls 5 50 Plastic Spoons 6 25 Plastic Forks 7 55 8 oz Styro Cups 8 24 16 oz Styro Cups 9 100 Chips 10 375 Dinner rolls 11 40 9 inch Plates 12 130 Drink Mix 13 35 Sugar 14 Total Group A Discount Subtotal Group A 15

*Recommended for Award

Total Price $40,320.00 $26,400.00 $21,600.00 $5,700.00 $21,600.00 $1,500.00 $750.00 $2,200.00 $600.00 $1,250.00 $1,200.00 $1,200.00 $12,261.60 $1,575.00 $138,156.60 $0.00 $138,156.60

Left Blank $0.00

$0.00 $0.00

$0.00

$0.00

Qty per case 12 24 96 12 36 1000 1000 1000 1000 104 96 500 12 2000

2% 30 days

20

0% 30 days $138,156.60 $138,156.60

Attachment: Response Summary (2956 : 8P04 Prisoner Food)

0.7265

$14.53

Total Price $31,320.00 $19,920.00 $16,675.20 $1,855.20 $15,465.60 $615.00 $300.00 $968.00 $864.00 $3,026.40 $5,472.00 $946.00 $2,979.60 $371.00 $100,778.00 $2,015.56 $98,762.44 $14,530.00

$14,530.00 2% 30 days $290.60 $14,239.40

22.a

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Page 1 of 2

Unit Total Case Price of Price $1.74 $20.88 $0.83 $19.92 0.386 $37.06 1.546 $18.55 0.537 $19.33 0.0123 $12.30 0.0120 $12.00 0.0176 $17.60 0.0360 $36.00 0.291 $30.26 0.152 $14.59 0.0473 $23.65 1.91 $22.92 0.0053 $10.60

CITY OF IRVING RESPONSE SUMMARY PRISONER FOOD BID NUMBER: 234M-09F BID CLOSING DATE: August 18, 2009 PURCHASING AGENT: Marsha Hughes, 972.721.3754

VENDORS

*Sunbeam Foods

Group A - Food Item Qty (cs)

Qty per Unit Price Total Case case of each Price

Description

1 1,500 Frozen TV Dinners 2 1000 Frozen Pot Pies 3 450 Dry Cereal 4 100 Sandwiches 5 800 Fruit Bowls 6 50 Plastic Spoons 7 25 Plastic Forks 8 55 8 oz Styro Cups 9 24 16 oz Styro Cups 100 Chips 10 375 Dinner rolls 11 40 9 inch Plates 12 130 Drink Mix 13 35 Sugar 14 Total Group A Discount Subtotal Group A

12 24 96 30 24 1000 1000 1000 1000 104 120 500 12 2000

Group B - Milk 15

1,000 Homogenized milk, 1 pint

Total for Group B

$18.60 $18.96 $27.84 $29.40 $18.72 $9.00 $9.00 $20.00 $20.00 $32.24 $19.20 $20.00 $21.00 $12.00

N/A $0.00 $0.00

Total Price $27,900.00 $18,960.00 $12,528.00 $2,940.00 $14,976.00 $450.00 $225.00 $1,100.00 $480.00 $3,224.00 $7,200.00 $800.00 $2,730.00 $420.00 $93,933.00 $0.00 $93,933.00

$0.00 $0.00 $0.00 0% 30 days $93,933.00 $93,933.00

Page 2 of 2

Unit Qty per Total Case Price of case Price each $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 21 days

20

Attachment: Response Summary (2956 : 8P04 Prisoner Food)

0.57

$11.40

Total Price $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

$11,400.00 $11,400.00 21 days $11,400.00 $11,400.00 22.a

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DISCOUNT % Subtotal Groups A & B Grand Total

$1.55 $0.79 $0.29 $0.98 $0.78 $0.01 $0.01 $0.02 $0.02 $0.31 $0.16 $0.04 $1.75 $0.006

*Southern Foods Group dba Schepps Dairy

23

AGENDA ITEM SUMMARY Meeting: 10/8/2009 Recommending Department: Information Technology

DOC ID: 2953 LSR No: 10122

Resolution -- Approving an Addendum with Information Builders, Inc., for Phase II of the Business Intelligence Reporting System Project Administrative Comments 1. This item supports Strategic Goals No. 4: Safe and Secure City and No. 6: Effective Communications. 2. This item has been recommended by Information Technology and it is a Strategic Project/Task approved by the Technology Review Committee and supported by Fire, Financial Services, Strategic Resources, and Water Utilities. 3. Impact: Phase II will allow the City, through the City’s Web site, to provide timely information and reports that impact the daily lives of our residents, visitors, and businesses. 4. Phase II is in three components: 1) provides Web site access for specific timely reports, such as traffic congestion problems, crime statistics in specific areas, capital improvement projects status/plans for the day, etc.; 2) provides reports in mobile technology format for access with Blackberries or other mobile devices; and 3) enhances performance goal management. 6. Funding in the net amount of $183,944.00 is available in the Technology Fund. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: Yes Review Completed By: Carrie J. Morris Previous Action: RES-2009-391 Council Action: Awarded Agreement Comments: Purchasing assigned 010D-10F to this addendum. The original award was approved by Irving Council on September 3, 2009, to Information Builders, Inc., the highest scoring proposer based on evaluation criteria established in the RFP processed through Purchasing.

ATTACHMENTS: RES License Rider Agreement

(PDF)

CURRENT YEAR FINANCIAL IMPACT: 6036-2310-76901-999176 Budget: $200,000.00 Actual: $183,944.00 P0182811 - Amount will be added to PO after rollover to Fiscal Year 2009-10. Budget Adjustment/Transfer Required: No REVISION INFORMATION: Prepared: 9/20/2009 04:37 PM by Darlene Rush Last Updated: 9/29/2009 01:51 PM by Darlene Rush

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CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2953)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I.

THAT the City Council hereby approves an addendum to the contract with Information Builders, Inc., in the amount of $183,944.00 for Phase II of the Business Intelligence Reporting System Project, and the Mayor is authorized to execute the attached addendum.

SECTION II.

THAT this expenditure shall be charged to Account No. 6036-2310-76901-999176.

SECTION III.

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

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on October 8, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

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AGENDA ITEM SUMMARY Meeting: 10/8/2009 Recommending Department: Information Technology

DOC ID: 2954 LSR No: N/A

Resolution -- Awarding Single Source Award to ESRI for Software Maintenance for the ESRI Geographic Information System Administrative Comments 1. This item supports Strategic Goal No. 9: Irving’s Infrastructure. 2. This item has been recommended by Information Technology and it is a Maintenance/Support Task approved by the Technology Review Committee. 3. Impact: This maintenance agreement keeps the City’s GIS software running efficiently. GIS is the software currently used to produce maps, deliver information to the public, and solve issues through geographical analysis. 4. ESRI is the developer and designer of our current GIS software and is the single source provider of the maintenance. 5. Funding in the net amount of $71,391.78 for the period of October 31, 2009, through October 30, 2010; in the net estimated amount of $74,961.78 for the period of October 31, 2010, through October 30, 2011; and in the net estimated amount of $78,709.78 for the period of October 31, 2011, through October 30, 2012, is available in the General Fund, subject to funds being appropriated in Fiscal Years 2010-11 and 2011-12. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: N/A Review Completed By: N/A Previous Action: N/A Council Action: N/A Comments: The software maintenance award for 009D-09F is in the total net estimated amount of $225,063.34 for three years. ATTACHMENTS: Vendor Single Source Letter

(PDF)

CURRENT YEAR FINANCIAL IMPACT: 1001-2310-551501-100 Budget: $71,391.78 Actual: $71,391.76 PO will be issued when Fiscal Year 2009-10 funds are loaded into Banner. Budget Adjustment/Transfer Required: No REVISION INFORMATION: Prepared: 9/20/2009 05:09 PM by Darlene Rush Last Updated: 9/23/2009 03:20 PM by Darlene Rush

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CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2954)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I.

THAT the City Council hereby approves the single source award to ESRI in the net amount of $71,391.78 for the period of October 31, 2009, through October 30, 2010; in the net estimated amount of $74,961.78 for the period of October 31, 2010, through October 30, 2011; and in the net estimated amount of $78,709.78 for the period of October 31, 2011, through October 30, 2012, subject to funds being appropriated in Fiscal Years 2010-11 and 2011-12, for Software Maintenance for the ESRI Geographic Information System, 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 Account No. 1001-2310-551501-100.

SECTION III.

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 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on October 8, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

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Attachment: Vendor Single Source Letter (2954 : 30P23 AWD Maint for ESRI GIS Software)

24.a

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25

AGENDA ITEM SUMMARY Meeting: 10/8/2009 Recommending Department: Fire

DOC ID: 2947 LSR No: 10112

Resolution -- Renewing Contract for Control of Communicable Disease Services through an Interlocal Agreement with Dallas County Health and Human Services Administrative Comments 1. This item supports Strategic Goal No. 4: Safe and Secure City. 2. This item has been recommended by Fire. 3. Impact: Providing free preventive health services promotes a healthier lifestyle and improved quality of life for Irving residents. 4. This renewal establishes the continuation of an annual contract to provide control of communicable disease services. This contract includes services for tuberculosis control, sexually transmitted diseases, laboratory tests, immunizations, and wellbaby exams. 5. As part of the contract, the City provides space at 440 N. Nursery Road for clinical operations for this program, in which approximately 14,085 residents received services in 2008. 6. Funding in the net amount of $81,906.00 for the period of October 1, 2009, through September 30, 2010, is available in the General Fund. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: Yes Review Completed By: Jennifer Richie Previous Action: RES 2008-589 Council Action: Approved renewal Comments: Purchasing assigned #012M-10F for tracking purposes. ATTACHMENTS: RES Contract for Services (PDF) CURRENT YEAR FINANCIAL IMPACT: 1001-0512-56401-300 Budget: $81,906.00 Actual: $81,906.00 Purchase Order will be issued when Fiscal Year 2009-10 funds are appropriated. Budget Adjustment/Transfer Required: No REVISION INFORMATION: Prepared: 9/18/2009 11:07 AM by Marsha Hughes Last Updated: 9/29/2009 01:42 PM by Darlene Rush

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CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2947)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I.

THAT the City Council hereby renews the annual contract with Dallas County Health and Human Services in the net amount of $81,906.00 for the period of October 1, 2009, through September 30, 2010, for Control of Communicable Disease Services, and the Mayor is authorized to execute the attached contract.

SECTION II.

THAT this expenditure shall be charged to Account No. 1001-0512-56401-300.

SECTION III.

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 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on October 8, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

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Attachment: RES Contract for Services (2947 : 30P05 Annual Awd Control of Communicable Disease)

25.a

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Attachment: RES Contract for Services (2947 : 30P05 Annual Awd Control of Communicable Disease)

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AGENDA ITEM SUMMARY Meeting: 10/8/2009 Recommending Department: Fire

DOC ID: 2957 LSR No: 9934

Resolution -- Renewing Annual Agreement with The University of Texas Southwestern Medical Center at Dallas for Continuing Education Services for Emergency Medical Technicians (EMTs) and Paramedics Administrative Comments 1. This item supports Strategic Goal No. 4: Safe and Secure City. 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 amount of $93,569.00 for the period of October 1, 2009, through September 30, 2010, is available in the General Fund. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: Yes Review Completed By: Jennifer Richie Previous Action: 2008-535 Council Action: Approved renewal Comments: Purchasing has assigned #013M-10F for tracking purposes. The entire amount is due within 90 days of invoice and will be paid in the 2009-10 fiscal year. ATTACHMENTS: RES Contract for Services (PDF) CURRENT YEAR FINANCIAL IMPACT: 1001-0582-56401-300 Budget: $93,569.00 Actual: $93,569.00 Purchase Order will be issued when Fiscal Year 2009-10 funds are appropriated. Budget Adjustment/Transfer Required: No REVISION INFORMATION: Prepared: 9/21/2009 02:41 PM by Marsha Hughes Last Updated: 10/2/2009 11:20 AM by Marsha Hughes

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CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2957)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: 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 $93,569.00 for the period of October 1, 2009, through September 30, 2010, for Continuing Education Services for Emergency Medical Technicians and Paramedics, and the Mayor is authorized to execute attached contract.

SECTION II.

THAT this expenditure shall be charged to Account No. 1001-0582-56401-300.

SECTION III.

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 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on October 8, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

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Attachment: RES Contract for Services (2957 : 8P05 Continuing Education Services)

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AGENDA ITEM SUMMARY Meeting: 10/8/2009 Recommending Department: Fire

DOC ID: 2950 LSR No: 9813

Resolution -- Renewing 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 Administrative Comments 1. This item supports Strategic Goal No. 4: Safe and Secure City. 2. This item has been recommended by Fire. 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 award 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 $5,697.74 for the period of October 1, 2009, through September 30, 2010, is available in the General Fund. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: Yes Review Completed By: Jennifer Richie Previous Action: RES 2008-561 Council Action: Approved renewal Comments: Purchasing has assigned #011M-10F for tracking purposes. The total amount will be paid in the current fiscal year.

ATTACHMENTS: RES Contract for Services (PDF) CURRENT YEAR FINANCIAL IMPACT: 1001-0582-56401-300 Budget: $5,697.74 Actual: $5,697.74 Purchase Order will be issued when Fiscal Year 2009-10 funds are appropriated Budget Adjustment/Transfer Required: No REVISION INFORMATION: Prepared: 9/18/2009 03:12 PM by Marsha Hughes Last Updated: 9/29/2009 01:35 PM by Darlene Rush Packet Pg. 250

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CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2950)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: 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 $5,697.74 for the period of October 1, 2009, through September 30, 2010, for Medical Direction and Quality Assurance Services for Emergency Medical Technicians and Paramedics, and the Mayor is authorized to execute the attached contract.

SECTION II.

THAT this expenditure shall be charged to Account No. 1001-0582-56401-300.

SECTION III.

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 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on October 8, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

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Attachment: RES Contract for Services (2950 : 30P05 Medical Direction and Quality Assurance)

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AGENDA ITEM SUMMARY Meeting: 10/8/2009 Recommending Department: Street Operations

DOC ID: 2955 LSR No: N/A

Resolution -- Approving Award to Equipment Southwest, Inc., for Street Sweepers, through the State of Texas Local Government Statewide Cooperative Purchasing Program Administered by the Texas Association of School Boards (the BuyBoard Program) Administrative Comments 1. This item supports Strategic Goal No. 9: Infrastructure Network. 2. This item has been recommended by Street Operations and approved by Intergovernmental Services. 3. Impact: These sweepers help keep the City compliant with the Municipal Drainage Utility permits by removing debris before it gets into our storm drain systems and water systems. Keeping our streets clean improves quality of life for residents and visitors. 4. This purchase is for two 2010 Allianz Vacuum Sweepers, each mounted on a 2009 Isuzu Chassis. These are budgeted replacements for City Tags No. 18071 and No. 18072, two 1999 Elgin Sweepers, which are being retired in accordance with the City’s equipment replacement policy. 5. Funding in the net amount of $456,624.00 is available in the Equipment Replacement Fund. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: N/A Review Completed By: N/A Previous Action: N/A Council Action: N/A 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 #008D-10F to this item for tracking purposes. Delivery of these units is estimated to be 90 days after receipt of order. ATTACHMENTS: Vendor Pricing Summary (PDF)

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CURRENT YEAR FINANCIAL IMPACT: 6604-4130-75401-9100 Budget: $532,000.00 Actual: $456,624.00 PO will be issued when Fiscal Year 2009-10 funds are loaded into Banner. Budget Adjustment/Transfer Required: No REVISION INFORMATION: Prepared: 9/20/2009 05:57 PM by Darlene Rush Last Updated: 9/23/2009 03:20 PM by Darlene Rush

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CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2955)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I.

THAT the City Council hereby approves the purchase from Equipment Southwest, Inc., in the net amount of $456,624.00 for street sweepers, through the State of Texas Local Government Statewide Cooperative Purchasing Program administered by the Texas Association of School Boards (the BuyBoard Program), 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 Account No. 6604-4130-75401-9100.

SECTION III.

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 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on October 8, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

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Attachment: Vendor Pricing Summary (2955 : 30P18 AWD for two Replacement Sweepers)

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AGENDA ITEM SUMMARY Meeting: 10/8/2009 Recommending Department: Strategic Resources

DOC ID: 2987 LSR No: N/A

Ordinance -- Amending Chapter 27A Entitled “Personnel” of The Code of Civil and Criminal Ordinances of the City of Irving, Texas, Relating to Education Incentive Pay and Certification Incentive Pay for Eligible Police and Fire Civil Service Personnel Administrative Comments 1. This item supports Strategic Goal No. 8: Sound Governance. 2. Impact: Certain special pay categories relating to education incentive pay and certification incentive pay were enhanced as part of the Fiscal Year 2009-10 budget process in order for salaries and benefits to remain competitive with our benchmark cities. Recommendation The ordinance be adopted. ADDITIONAL COMMENTS: Contract Required: No Previous Action: Ord. 2008-3997

Review Completed By: N/A Council Action: Amendment adopted.

CURRENT YEAR FINANCIAL IMPACT: NONE REVISION INFORMATION: Prepared: 10/2/2009 09:55 AM by Belinda Rowlett Last Updated: 10/2/2009 12:20 PM by Belinda Rowlett

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ORDINANCE NO. (ID # 2987)

AN ORDINANCE AMENDING SECTION 27A-58 OF CHAPTER 27A ENTITLED “PERSONNEL” OF THE CODE OF CIVIL AND CRIMINAL ORDINANCES OF THE CITY OF IRVING, TEXAS, RELATING TO EDUCATION INCENTIVE PAY AND CERTIFICATION INCENTIVE PAY FOR ELIGIBLE POLICE AND FIRE CIVIL SERVICE PERSONNEL; AND PROVIDING FOR A SEVERABILITY CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION 1. That Section 27A-58 of Chapter 27A entitled “Personnel” of The Code of Civil and Criminal Ordinances of the City of Irving, Texas, is hereby amended to read as follows: Sec. 27A-58.

Eligibility.

(a) Members of the Irving Police Department and the Irving Fire Department appointed to positions in substantial compliance with Chapter 143 of the Texas Local Government Code are eligible employees of the city to participate in the education incentive pay program and/or the certification incentive pay program. (b) Members of the Irving Police Department appointed to positions in substantial compliance with Chapter 143 of the Texas Local Government Code are eligible employees of the city to participate in the fitness incentive pay program and/or the shift differential pay program. SECTION 2. 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. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on October 8, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney -1Packet Pg. 262

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AGENDA ITEM SUMMARY Meeting: 10/8/2009 Recommending Department: Financial Services

DOC ID: 2417 LSR No: 9772

Ordinance -- First Reading - Amending Chapter 52 “Water and Sewer Rates” of the Code of Civil and Criminal Ordinances of the City of Irving, Texas, Providing for a Waiver of Deposit; Providing for Cost Recovery Related to Utility Services Disconnections Administrative Comments 1. This item supports Strategic Goals No. 8: Sound Governance and No. 10: Environmentally Sustainable Community. 2. Impact: The amended ordinance will enhance cost recovery based on Lean Six Sigma revisions to the collection process affecting utility customers with delinquent accounts. 3. The following fee changes are recommended as a cost recovery mechanism relating to those customers who chose to not pay their bills as required and/or steal service by bypassing our system. The ordinance includes a $25.00 collection charge for all customers whose accounts are 30 days or more past due as of 5:00 p.m. the day before the disconnect date; $50.00 charge for unauthorized use of services; $50.00 charge to have services (re)connected after normal operating hours; and $15.00 charge for excessive trip charges in attempting to (re)connect services. In addition, a 10 percent late penalty will be assessed on the total past due balance for bills not paid by 5:00 p.m. on the due date. 4. A waiver of deposit will be provided to all customers utilizing automatic draft services with a minimum 12 month commitment. 5. Along with significant cost savings, annual cost recovery is anticipated to increase approximately $387,493.00 and will be allocated to the Water and Sewer System Fund. Recommendation The ordinance be adopted. ADDITIONAL COMMENTS: Contract Required: N/A Previous Action: N/A

Review Completed By: N/A Council Action: N/A

This is the first of two required readings to the council for this item CURRENT YEAR FINANCIAL IMPACT: N/A REVISION INFORMATION: Prepared: 2/12/2009 05:12 PM by Winnie Hunter

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Last Updated: 10/2/2009 11:36 AM by Belinda Rowlett

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ORDINANCE NO. (ID # 2417)

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 A WAIVER OF DEPOSIT; PROVIDING FOR COST RECOVERY FOR DELINQUENT ACCOUNTS; AND PROVIDING AN EFFECTIVE DATE AND A SEVERABILITY CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION 1. That subsection (b) of Section 52-7 “Deposits” of Chapter 52 of The Code of Civil and Criminal Ordinances of the City of Irving, Texas, is hereby amended to read as follows: (b) Exceptions to the requirement of a security deposit or refunds of security deposits for current accounts. Accounts may be excused from the requirement of a security deposit, if the conditions set out in the sections below are met. (1) Exception to the requirement of a deposit for new customers over 65 years of age. New customers over 65 years of age may be excused from the requirement of a security deposit if they present evidence of their age, established credit (such as one credit card or credit account) or that they have fully paid their account with another municipal water utility or another utility company. (2) Other accounts—Exception to the requirement of a deposit. This category does not include multi-family master-metered accounts or hotels/motels. An account in this category may be excused from the requirement of a security deposit if all of the conditions set out in one of the sections below are met: a. The customer is establishing an account and has had an account for similar service with the City of Irving which has been active for a minimum of 12 months and the account is current, the account has not been disconnected during the past 12 months, there have not been more than 2 delinquent payments during the last 12 months, and there have not been any checks or electronic debits that were dishonored by the customer’s bank. b. The customer has had a similar type account within the past 3 years for a minimum of 12 months and their final bill was paid in full, i.e., there is nothing due on the account, the service on the account was not disconnected for nonpayment during the last 12 months of service, there were no more than 2 delinquent payments during the last 12 months of service, and no checks or electronic debits were dishonored by the customer’s bank. c. The customer applies for and is approved to have monthly payments automatically deducted from their banking account for a minimum of 12 months. (3) Refunds for current accounts. Single-family residential customers who have had their current account with the City of Irving for a minimum of 12 months and who have had no more than 2 delinquent payments (bill paid after due date), who have not had any checks or electronic debits dishonored by the customer’s bank and are not currently delinquent shall be eligible to have their security deposit refunded by a credit applied to the utility bill no later than December 31 of the yearly period in which the customer is entitled to refund. SECTION 2. That subsection (b) of Section 52-8 “Due date and discontinuance of service” of Chapter 52 of The Code of Civil and Criminal Ordinances of the City of Irving, Texas, is hereby amended to read as follows:

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(b) Penalty. Bills not paid by the due date will be assessed a penalty of 10 percent of the total past due balance. SECTION 3. That subsection (d) of Section 52-8 “Due date and discontinuance of service” of Chapter 52 of The Code of Civil and Criminal Ordinances of the City of Irving, Texas, is hereby amended to read as follows: (d) Unless ineligible to receive a certificate of occupancy, service will be resumed to any person, firm, corporation, or customer whose service has been discontinued upon payment of the overdue bill, plus the 10 percent penalty, plus payment of the applicable deposit, plus an additional amount to recover the cost of disconnecting and resuming service as follows: (1) Twenty-five dollars if balance of account is not paid in full by 5:00 p.m. the day before the cut off date noted on the bill. (2) Fifty dollars for each field contact related to the nonpayment of services resulting in locking the meter or the removal of the meter or any unauthorized device being used to obtain water illegally. (3) Additional charges equal to the cost of parts and labor will be assessed to a customer for damage to the meter, locking device, and/or connection resulting from an attempt to reconnect water service by anyone other than a city employee. (4) Fifty dollars for a request to resume services outside of normal operating hours, to be paid prior to reconnection of service or shall be added to the customer’s account. (5) Fifteen dollars for each attempt, in excess of two, to reconnect services shall be added to the customer’s account. SECTION 4. That subsection (e) of Section 52-8 “Due date and discontinuance of service” of Chapter 52 of The Code of Civil and Criminal Ordinances of the City of Irving, Texas, is hereby amended to read as follows: (e) Additional charges may be assessed as part of the city’s attempts to recover charges and penalties due. These charges are as follows: (1) Fourteen dollars for each nonfield contact initiated by city personnel related to the nonpayment of services including the mailing of both certified and noncertified letters and the posting of notification of scheduled disconnect for nonpayment.

(2) One hundred sixty dollars for costs associated with recording notices of lien for delinquent utility services as provided for in section 41-11. (3) Thirty-six dollars for costs associated with recording a release of lien upon recovery of delinquent charges and penalties. (4) Penalties or fees associated with the recovery of utility bill charges through the service of a collection agency employed by the city. (5) Resident displacement fees of $500.00 per unit for each unit affected by a discontinuance of water service for nonpayment and which is occupied on the date the service is discontinued. Such fees shall be waived for each unit where the residents did not move out provided the building inspector affirms in writing, within 48 hours of the discontinuance, that the multifamily complex has been brought up to code and is eligible to receive a certificate of occupancy. -2Packet Pg. 267

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SECTION 5. That Section 52-16 of Chapter 52 of The Code of Civil and Criminal Ordinances of the City of Irving, Texas, is hereby amended to read as follows: Sec. 52-16.

Connection of new service.

A connection charge shall be assessed to any person receiving services upon application for initial commencement of service, or upon application for any transfer of service from one name or address to another. Such fee is a nonrefundable fee to cover the cost of establishing service. If more than 1 account is involved in an initial establishment or subsequent transfer, the fee shall be paid for each account involved. The fee shall be assessed as follows:

Standard Fee ....................................................................................................... $ 15.00 Next Day ............................................................................................................ 20.00 Same Day ........................................................................................................... 30.00 Such fee(s) shall be paid by each applicant for service or transfer of service at the time of submission of such application, and prior to connection or transfer of service; or shall be added to the customer’s account. A fee of $15.00 for each attempt, in excess of two, to connect services shall be added to the customer’s account. SECTION 6. That the new fees established by this ordinance shall take effect for charges assessed beginning November 1, 2009, however, prior fees shall remain in effect to said date. SECTION 7. 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.

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on first reading on October 8, 2009. ________________________________ HERBERT A. GEARS MAYOR

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on second and final reading on October 22, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: ___________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: ___________________________

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Charles R. Anderson City Attorney J:\Agenda\Ordinances\Water Utilities\CH 52 Revisions - First Reading - LSS Only 10-8-09 FINAL.doc

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Attachment: ZoningCases&CompanionItems (2980 : ZCaseAndCompItem)

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AGENDA ITEM SUMMARY Meeting: 10/8/2009 Recommending Department: Planning & Inspections

DOC ID: 2917 LSR No: N/A

Resolution -- Approving Final Plat - The Enclave at TPC Las Colinas, Phase 1 and 3, Revised Final Plat - Approximately 0.562 Acres Located at 4545 and 4549 Byron Circle - Surveying Associates, Applicant - Anne Ingwalson, Owner Administrative Comments 1. This item supports Strategic Goal No. 1: Land Use. 2. Planning and Zoning Commission Hearing Date and Recommendation: September 8, 2009 – Technical Denial 3. The applicant is requesting to replat two lots into one lot for residential use. 4. The following exception to the Subdivision Ordinance requires this case to be forwarded to the City Council for action: •

Section 35-25 of the Subdivision Ordinance requires all private streets to be approved by the City Council. Byron Circle is a private street.

5. The plat complies with all other requirement of the Subdivision Ordinance. 6. Public notices were sent to twenty-three (23) property owners, with no letters in support or opposition received. Recommendation The resolution be approved. ADDITIONAL COMMENTS: Contract Required: N/A Previous Action: N/A

Review Completed By: N/A Council Action: N/A

ATTACHMENTS: A: City Council Memo (PDF) B: September 8, 2009 Planning and Zoning Meeting Minutes (PDF) C: Plat Map (PDF) CURRENT YEAR FINANCIAL IMPACT: NONE REVISION INFORMATION: Prepared: 9/8/2009 09:40 AM by Sharon Brown Last Updated: 9/28/2009 09:59 AM by Steven Reed

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CITY OF IRVING COUNCIL RESOLUTION NO. (ID # 2917)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I.

THAT the Final Plat – The Enclave at TPC Las Colinas, Phase 1 and 3, Revised - be and is hereby approved with the following stipulation: (1)

That said Final Plat shall be filed of record with the Dallas County Clerk and Recorder and evidence of said recorded plat shall be furnished to the Director of Planning and Inspections, City of Irving.

SECTION II.

THAT this resolution shall serve as a certificate under Section 212.0115, Texas Local Government Code, that this plat has been reviewed and approved by the City Council, the authority for approving this plat.

SECTION III.

THAT this resolution shall take effect from and after its final date of passage, and it is accordingly so ordered.

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on October 8, 2009. ________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

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Attachment: A: City Council Memo (2917 : 11 PL09-0032)

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Attachment: B: September 8, 2009 Planning and Zoning Meeting Minutes (2917 : 11 PL09-0032)

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AGENDA ITEM SUMMARY Meeting: 10/8/2009 Recommending Department: Planning & Inspections

DOC ID: 2902 LSR No: N/A

Ordinance -- Zoning Case #ZC09-0045 - Granting S-P-1 (Detailed Site Plan) for Retail, Restaurant and Office Uses - Approximately 0.28 Acres Located at 2201 Cheyenne Street - Ali Bary, Owner/Applicant Administrative Comments 1. This item supports Strategic Goal No. 1: Land Use. 2. Planning and Zoning Commission Hearing Date and Recommendation: September 8, 2009 – Favorable 5-0, with the stipulation that the site plan be revised to show one large tree instead of two smaller trees (Commissioners Spurlock, LaRose, Urias and Randall, absent). 3. The applicant is requesting to rezone the property for retail, restaurant and office uses. 4. The Comprehensive Plan recommends Retail uses for this property. This request is in conformance with the Comprehensive Plan. 5. This property is currently developed with a single story building. The applicant is wishing to rezone the property to use the existing building for retail uses. 6. This property was rezoned in 1990 for a restaurant with alcoholic beverage sales with 17 parking spaces. The current owner would like to use the existing building for retail with the parking as shown on the site plan. 7. The applicant is proposing to add one tree and four shrubs along Cheyenne Street, and refinish and repaint the metal awning with a color that matches or is consistent with the color of the buildings to the south and west. 8. Staff can support this case with the proposed retail, restaurant and office uses as the only permitted uses for this property. 9. The stipulation of the Commission has been met. 10. Public notices were sent to nine (9) property owners, with one letter in support and none in opposition received. Recommendation The ordinance be adopted per the recommendation of the Planning and Zoning Commission. ADDITIONAL COMMENTS: Contract Required: N/A Previous Action: N/A

Review Completed By: N/A Council Action: N/A

ATTACHMENTS:

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• • • • • • •

A: City Council Memo (PDF) B: September 8, 2009 Planning and Zoning Meeting Minutes C: Vicinity Map (PDF) D: Surrounding Zoning Map (PDF) E: Property Owner Notification Map and List(PDF) F: Site Plan (PDF) G: Public Comment Form in Support (PDF)

(PDF)

CURRENT YEAR FINANCIAL IMPACT: NONE REVISION INFORMATION: Prepared: 8/31/2009 05:02 PM by Sharon Brown Last Updated: 10/1/2009 04:59 PM by Belinda Rowlett

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ORDINANCE NO. (ID # 2902)

ZONING CASE NO. ZC09-0045 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 THE JACKSON AND BLANTON ADDITION AND LOCATED AT 2201 CHEYENNE STREET, MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM S-P-1 (R-AB) SITE PLAN DISTRICT USE FOR RESTAURANT WITH ATTENDANT ACCESSORY USE OF THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION UNDER SECTION 52-49 OF ORDINANCE NO. 1144, AS AMENDED, TO S-P-1 SITE PLAN DISTRICT USE FOR RETAIL, RESTAURANT, AND OFFICE 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 -1Packet Pg. 278

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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 retail, restaurant, and office 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; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 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 10, Block A, Jackson and Blanton Addition which is presently zoned S-P-1 (R-AB) Site Plan District Use for restaurant with attendant accessory use of the sale of alcoholic beverages for on-premises consumption under Section 52-49 of Ordinance No. 1144, is changed to S-P-1 Site Plan District Use for retail, restaurant, and office 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.

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(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. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable 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.

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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on October 8, 2009.

________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

-4Packet Pg. 281

Attachment: A: City Council Memo (2902 : 11 ZC09-0045)

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PUBLIC COMMENT FORM

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Department of Pia . 9 and Inspections PO Box 1522 Irving, Te 75015-2288

I am FOR the requested zoning as explained on the attached public notice for Zoning Case #ZC09-0045. I am AGAINST the requested zoning as explained on the attached pUblic notice for Zoning Case #ZC09-0045.

PLANNING 8< ZONING COMMISSION MEETING:

CITY COUNCIL MEETING:

Attachment: G: Public Comment Form in Support (2902 : 11 ZC09-0045)

Date, Location & Time of:

September 8, 2009, 7 p.m. City Hall, 825 W. Irving Blvd., Irving, Texas September 17, 2009, 7 p.m. City Hall, 825 W. Irving Blvd., Irving, Texas

Name: (please print)

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AGENDA ITEM SUMMARY Meeting: 10/8/2009 Recommending Department: Planning & Inspections

DOC ID: 2903 LSR No: N/A

Ordinance -- Zoning Case #ZC09-0048 - Granting S-P-2 (Generalized Site Plan) for C-C (Community Commercial) Uses - Approximately 9.8107 Acres Located at the Southwest Corner of Esters and Rochelle Road - City of Irving, Owner/Applicant Administrative Comments 1. This item supports Strategic Goal No. 1: Land Use and Strategic Goal No. 7: Cultural, Recreational and Educational Environments. 2. Planning and Zoning Commission Hearing Date and Recommendation: September 8, 2009 – Favorable 5-0; (Commissioners Spurlock, LaRose, Urias and Randall, absent). 3. The applicant is requesting to rezone the property for government, public recreation, and related uses. 4. The property is currently partially developed with Fire Station No. 6 and a water tower. The applicant is rezoning the property to develop the vacant portion of the property with a new branch library. The rezoning is necessary to eliminate a setback line adjacent to the water tower shown on the current zoning site plan. Eliminating the setback line will maximize the area available for development for the new library. 5. A replat has been submitted and is pending approval of this zoning case. 6. Public notices were sent to twenty-two (22) property owners, with two (2) letters received in support and none in opposition. Recommendation The ordinance be adopted per the recommendation of the Planning and Zoning Commission. ADDITIONAL COMMENTS: Contract Required: N/A Previous Action: N/A

Review Completed By: N/A Council Action: N/A

ATTACHMENTS: • • • • •

A: City Council Memo (PDF) B: September 8, 2009 Planning and Zoning Meeting Minutes C: Vicinity Map (PDF) D: Surrounding Zoning Map (PDF) E: Property Owner Notification Map and List(PDF)

(PDF)

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• • •

F: Site Plan (PDF) G: Public Comment Form in Support (PDF) H: Additional Public Comment Form in Support

(PDF)

CURRENT YEAR FINANCIAL IMPACT: NONE REVISION INFORMATION: Prepared: 8/31/2009 05:14 PM by Sharon Brown Last Updated: 10/1/2009 04:47 PM by Belinda Rowlett

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ORDINANCE NO. (ID # 2903)

ZONING CASE NO. ZC09-0048 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 FIRE STATION NO. 6 ADDITION AND FIRE STATION NO. 6, PHASE II ADDITION AND LOCATED AT SOUTHWEST CORNER OF ESTERS ROAD AND ROCHELLE ROAD, 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-C USES AND SP-2 SITE PLAN DISTRICT USE FOR FWY USES UNDER ORDINANCE NO. 1144, AS AMENDED TO S-P-2 SITE PLAN DISTRICT USE FOR C-C 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 -1Packet Pg. 293

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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-C 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; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 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: Fire Station No. 6 Addition and Lot 1, Block A, Fire Station No. 6, Phase II Addition which is presently zoned S-P-2 Site Plan District Use for C-C uses and S-P-2 Site Plan District Use for FWY uses under Ordinance No. 1144, is changed to S-P-2 Site Plan District Use for C-C 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. (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. -2Packet Pg. 294

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(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. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable 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.

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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on October 8, 2009.

________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

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Attachment: A: City Council Memo (2903 : 11 ZC09-0048)

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Packet Pg. 297

Attachment: B: September 8, 2009 Planning and Zoning Meeting Minutes (2903 : 11 ZC09-0048)

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Packet Pg. 298

Attachment: C: Vicinity Map (2903 : 11 ZC09-0048)

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Vicinity Map Zoning Case No. ZC09-0048

City of Irving

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Attachment: D: Surrounding Zoning Map (2903 : 11 ZC09-0048)

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Surrounding Zoning Map Zoning Case

City of Irving

No. ZC09-0048 Oate 0:1. 2. 2009

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Property Under Considerati,on For Rezoning

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Zoning Case No. lC09-0048

Attachment: E: Property Owner Notification Map and List (2903 : 11 ZC09-0048)

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City of Irving

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Date Sep 9 2009

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'DCAD_ID 1 32354500090030000 2 32354500090070000 3'32354500090060000 4 32038100010010000 5 32354500Q90100000 6 321195600A0010000 7 32354500090090000 8 325615200A0010000 9 32354500080020000 10 65106578510010100 11 32354500090080000 12.32354500080010000 13 32354500090040000 14 32354500090140000 15·3~354500090010000

16 32354500090020000 1~ 32119490000010000 18 32354500090130000 19 32354500Q90050000 20 322317100A001QQOO 21 32355500170360000 22

Property Owner Notification List Zoning Case No. ZC09-0048

Owner Name

ZIB.KE PETffi lRl,VffiA RAMIRO G MCDONALD WILLIE KARY GIBRALTAR LAND MORALES :MARCO V IIRVING CITY OF GARZA t-tOM ER A & AMCO FOOD SERVICES LLC GOHL CHRISTOPHER MICHAEL RENDA OSCAR BERCIAN JOSE B QADRI SYEDM GARCIA. JIJANI& ANGELICA CERDA PIRIO & 'NANCY ARREOLA .!JUAN C & RAM IRel ANTONIO JR IRVING CITy·OF 6l,.ACK JEFFREY WA YNE MALDONADO SILVIN'A & NORTH AM'ffiJCAN ISLAMIC TR -I VARGAS JOE ILORENZ & CIT\\' OF IRVING --­

Attachment: E: Property Owner Notification Map and List (2903 : 11 ZC09-0048)

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MARIA GARC!A -----­ RE:RRE 5']:"AliON #6 -_._. -­ JAIM IE B REYES

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Attachment: F: Site Plan (2903 : 11 ZC09-0048)

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Depaitrnenl of, , Planning and Inspections Packet Pg. 303

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PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning and Inspections PO Box 152266 Irving, Texas 75015-2288

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I am FOR the requested zoning as explained on the attached public notice for Zoning Case #lC09-0046.

Attachment: G: Public Comment Form in Support (2903 : 11 ZC09-0048)

I am AGAINST the requested zoning as explained on the attached pUblic notice for Zoning Case #ZC09-0046. Date, Location & Time of: PLANNING & ZONING COMMISSION MEETING:

CITY COUNCIL MEETING:

September 6, 2009, 7 p.m. City Han, 625 W. Irving Blvd.. Irving, Texas September 17, 2009, 7 p.m.

City Han, 625 W. Irving BlVd., Irving, Texas

Name: Address:

Tax Account (DCAD) Number (if shown on enclosed map):

Signature: Date: Phone (optional): Please provide comments explaining the reasons for your support or oppo8ition:

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Attachment: H: Additional Public Comment Form in Support (2903 : 11 ZC09-0048)

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