IrvingCC Packet 2011-07-07

8/6/2019 IrvingCC Packet 2011-07-07

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AGENDA

MEETING OF THE IRVING CITY COUNCIL

THURSDAY, JULY 7, 2011

COUNCIL CHAMBER - CIVIC CENTER COMPLEX

825 WEST IRVING BOULEVARD

IRVING, TEXAS

City Council Agenda 07/7/2011 1

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11:00 A.M. -- CITY COUNCIL WORK SESSION -- WEDNESDAY, JULY 6, 2011 -- FIRST FLOOR CITY COUNCILCONFERENCE ROOM -- CIVIC CENTER COMPLEX -- 825 WEST IRVING BOULEVARD -- IRVING, TEXAS

6:15 P.M.------------------------------------------------------------------Pre-Council Briefing (If Necessary) 1st FloorCity Council Conference Room Or City CouncilChamber Conference Room, Civic CenterComplex

7:00 P.M. -----------------------------------------------------------Organizational Service Announcements

Invocation

Pastor Joshua Price, Celebration Worship Center

Pledge Of Allegiance

Proclamations, Announcements, and Special Recognitions

A. Administer Oath of Office and Statement of Elected Official to Mayor and CouncilmembersPlace 3 and Place 5

B. Reception for Elected Officials

Public Hearing: Items 1 through 11

THIS MEETING CAN BE ADJOURNED AND RECONVENED, IF NECESSARY, WITHIN 24 HOURS ONTHE FOLLOWING DAY IN THE COUNCIL CHAMBER.

ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONGAS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE.

This facility is wheelchair accessible and handicap-parking spaces are available. Requests for interpretation services orassistive hearing devices must be made 48 hours prior to the meeting. Contact the City Secretarys Office at (972) 721-2493or (TDD) 1-800-RELAY TX (1-800-735-2989) for assistance.


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CITY COUNCIL AGENDA

1 City Operations Update

CONSENT AGENDA

2 Approving Work Session Minutes for Wednesday, June 22, 2011

3 Approving Regular Meeting Minutes for Thursday, June 23, 2011

4 Resolution -- Approving a Funds Sharing and Fiscal Agency AgreementBetween the County of Dallas, and the Cities of Dallas, Balch Springs,Carrollton, Cedar Hill, DeSoto, Duncanville, Garland, Grand Prairie, Irving,Lancaster, Mesquite, and Richardson Authorizing the City of Dallas toServe as the Fiscal Agent to Administer and Distribute FY2011 JusticeAssistance Grant (JAG) Funds through the Edward Byrne Memorial

Justice Assistance Grant ProgramAdministrative Comments

1. This item supports Strategic Goal No. 4: Safe and Secure City.

2. Impact: The JAG program allows local governments to support a broad range ofactivities to prevent and control crime based on their own local needs andconditions.

3. The FY2011 JAG award to the City is $62,654.00, less the 30% disparity settlementto Dallas County of $18,796.20, and a 7% administrative fee of $3,070.05, bringingthe total grant award to the City at $40,787.75, with no matching funds required.

RecommendationThe resolution be approved.


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5 Resolution -- Approving an Engagement Letter with Kelly Hart & HallmanLLP for Legal Services Related to the Issuance of Bonds for EntertainmentVenue Project

Administrative Comments

1. This item supports Strategic Goals No. 3: Economic Development and No. 8 SoundGovernance.

2. Impact: Engaging Kelly Hart & Hallman LLP has assisted the legislative andlitigation process related to the Entertainment Venue bond validation suit.

3. Andrew Weber, former Texas First Assistant Attorney General, has supported ourlitigation team in matters related to the Attorney Generals appeal of the bondvalidation suit since November of 2010.

4. In addition, Mr. Weber has provided assistance to the City's legislative team in theirefforts to address the issue of biennial appropriation.

5. This contract will be in an amount not to exceed $75,000.00.

6. Funding is available in the Entertainment Venue [Brimer] Fund.

Recommendation

The resolution be approved.

6 Resolution -- Approving an Amendment for Improvements with the State ofTexas (Housing and Human Services Commission) for Lease of Offices inthe Citys Human Services Building Located at 440 South Nursery Road

Administrative Comments1. This item supports Strategic Goal No. 8: Sound Governance.

2. Impact: This agreement provides for the city to be reimbursed for the installation ofnew flooring and window tinting in the city-owned building at 440 S. Nursery Road.

3. Since 1992, the State of Texas (Health and Human Services Commission) hasoccupied space on the second floor of the Citys Human Services Building locatedat 440 S. Nursery Road. In September 2010, the State expanded the lease tooccupy the entire second floor of the building.

4. The State has requested that the city install new carpet, vinyl composition tile and

window tinting, and has agreed to reimburse the citys cost for such improvementsupon completion.

5. Funding in the amount not to exceed $50,000.00 is available in the Non-Bond CIPFund.

Recommendation



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7 Resolution -- Renewing the Extended Maintenance Agreement with L3Communications Mobile-Vision, Inc., for Mobile-Vision In-Car VideoSystems


1. This item supports Strategic Goal No. 4: Safe and Secure City.2. Impact: The extended maintenance agreement will provide licensing and support

for the Police Department mobile-vision in-car video systems. The video system isutilized in law enforcement vehicles to record incidents with the purpose ofcollecting evidence to substantiate any claims and/or convictions.

3. L-3 is the sole source provider. All spare parts and accessories are designed andmanufactured exclusively by L-3 Communications Mobile-Vision, Inc., and notavailable from another source. In addition, all extended warranty services, repairand warranty claims are managed exclusively by L-3 Mobile-Vision. Any workperformed by non-authorized personnel will void all warranties and claims. Theoriginal contract was awarded on the basis of competitive bids.

4. Funding in the net estimated amount of $54,847.33 for the period of June 24, 2011through June 23, 2012, and $69,000.00 for the period of June 24, 2012 throughJune 23, 2013, is available in the General Fund, subject to funds being appropriatedfor Fiscal Year 2011-12.

Recommendation


Bids & Purchasing Items- Item 8

8 Resolution -- Approving and Accepting of the Bid of Wesco Distribution,Inc., for Annual Contract for Lighting Supplies (Bulbs and Ballasts)


1. This item supports Strategic Goal No. 7: Cultural, Recreational and EducationalEnvironments and Goal No. 9: Infrastructure.

2. This item has been recommended by CIP and Parks and Recreation.

3. Impact: Proper lighting of city facilities and park areas help to enhance andpromote operational efficiency and provide safe and inviting recreational facilities forresidents.

4. This award establishes an annual contract for the continuation of providing lightingsupplies (bulbs and ballasts).

5. This bid allows for the purchase of high efficiency bulbs. Staff is replacing the oldinefficient fixtures as they burn out. The retrofit of old fixtures should be complete intwo years.


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6. Funding in the net estimated annual amount of $67,118.33 for this one-yearcontract is available in the General Fund.

Vendor DepartmentFY2010-11

Budgeted Amount FY2011-12Net Est. Amount

Total Net Est.Amount

Wesco

Distribution, Inc.

CIP $11,093.55 $33,280.60 $44,374.15

WescoDistribution, Inc.

Parks andRecreation

$ 3,863.48 $18,880.70 $22,744.18

Total $14,957.03 $52,161.30 $67,118.33

Recommendation


9 Ordinance -- Amending Chapter 12 of The Code of Civil and CriminalOrdinances of the City of Irving, Texas, by Adding Section 12-9Authorizing the City to Enter into Collections Contract for Fines, Fees,Restitution, and Other Debts and Costs


1. This item supports Strategic Goals No. 4: Safe and Secure City and Goal No. 8:

Sound Governance.2. Impact: This ordinance will assist the court with the collection of seriously

delinquent fines/fees and court costs.

3. This ordinance will only apply to violators who have outstanding warrants and havefailed to meet court requirements.

4. Cases more than 60 days past due will be eligible for submission to the law firm ofLinebarger, Goggan, Blair and Sampson, LLP, and 30 percent of the total amount ofall other fines and fees will be assessed pursuant to Subsection B of Article103.0031, Texas Code of Criminal Procedure.

5. In accordance with state law and existing contractual agreement with the City ofIrving, Linebarger, Goggan, Blair and Sampson, LLP, will receive the 30 percentassessment for providing collection efforts on behalf of the City.

Recommendation

The ordinance be adopted.


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APPOINTMENTS AND REPORTS

10 Mayors Report

11 Adjournment

Citizens Forum

Citizens are invited to speak for three (3) minutes on matters relating to Citygovernment and on items not listed on the regular agenda.


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WORK SESSION MEETING OF THE IRVING CITY COUNCILMEETING MINUTES

June 22, 2011

The Irving City Council met in work session June 22, 2011 at approximately 11:35 a.m. Thefollowing members were present/absent:

Attendee Name Organization Title Status Arrived

Herbert Gears Irving City Council Mayor Late 11:50 AMAllan Meagher Irving City Council Councilman AbsentLewis Patrick Irving City Council Councilman PresentRick Stopfer Irving City Council Councilman AbsentGerald Farris Irving City Council Councilman PresentJoe Philipp Irving City Council Councilman PresentRose Cannaday Irving City Council Councilwoman PresentRoy Santoscoy Irving City Council Councilman Late 11:40 AMMike Gallaway Irving City Council Councilman Present

DISCUSSION TOPIC

Mayor Gears called the meeting to order at 11:35 a.m.

Councilmen Meagher and Stopfer were absent at todays meeting.

1 Review of Regular Agenda

6 Resolution -- Authorizing Reimbursement Payment in the Amount of $1,528,994.51to Hines Las Colinas Land Limited Partnership (Hines) for Capital InfrastructureImprovements Within the Tax Reinvestment Zone No. One

Max Duplant, Chief Financial Officer, described the authorized TIF infrastructure

reimbursements to Hines, Lincoln and the City of Irving.9 Resolution -- Approving Reimbursement of General Fund Super Bowl Expenditures

Maura Gast, ICVB Executive Director, gave an overview of the positive impact to theHotel Occupancy Tax due to the Super Bowl events in the city.

11Resolution -- Approving Assignment of Emergency Medical Services (EMS) Billingand Collection Contract

Max Duplant, Chief Financial Officer, described the new EMS billing contract

Councilman Gallaway asked for a summary of how staff will be measuring theeffectiveness of the new vendor.

13Resolution -- Awarding a Contract to C. Green Scaping, LP, for Campion TrailsRiver Hills Park Phase I Project

Casey Tate, Capital Improvement Program Director, described the future plans toextend Campion Trails for a total length of 22 miles of trail.

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City Council Work SessionJune 22, 2011

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Council convened into executive session pursuant to Section 551.071 of the Texas LocalGovernment Code at approximately 12:07 p.m. prior to the zoning items.

EXECUTIVE SESSION

4 Legal Advice - Ex Parte City of Irving and Entertainment VenueTexas Open Meetings Act 551.071

Council reconvened at approximately 12:45 p.m. and went to lunch.

ZONING CASES AND COMPANION ITEMS

25 Resolution -- Approving Special Fence Project Plan #ZC11-0013 to Replace theScreening Wall with a Six Foot Tall Wrought-Iron Fence - Located at 7500 North

MacArthur Boulevard - Calvert and Company, Applicant - Shurgard Texas LTDPS, Owner- (Postponed from June 9, 2011)

Ken Bloom, Chief Planner, presented the applicants request and updatedCouncil on additional stipulations discussed with the applicant to ensure the bestscreening possible. Staff recommends approval of this item.

26 Ordinance -- Zoning Case #ZC10-0012 - Granting S-P-1 (Detailed Site Plan) forC-O (Commercial Office) Uses - Approximately 0.31 Acres Located at 2103 and2107 North OConnor Road - A Square Investment, Inc., Applicant/Owner

Ken Bloom, Chief Planner, presented the applicants request. Staff recommendsapproval of this item. Mr. Bloom confirmed that due to 22.06% of opposition

within the 200 feet of the property; approval of the Council is required toapprove the case.

27 Ordinance -- Zoning Case #ZC11-0018 - Granting S-P-2 (Generalized Site Plan)for R-10 (Single Family) and R-6 (Single Family) Uses - Approximately 37.3Acres Located on the West Side of Riverside Drive, North of Northwest Highway- Jacobs, Applicant - Hines Las Colinas, LP, Owner

Ken Bloom, Chief Planner, presented the applicants request. Staff recommendsapproval of this item.

28 Ordinance -- Zoning Case #ZC11-0019 - Granting S-P-2 (Generalized Site Plan)for R-6 (Single Family) Uses - Approximately 16.2 Acres Located on the

Southwest Corner of Carbon Road and State Highway 161 - Ion Design Group,Applicant - Highway 161 Investors, Owner

Ken Bloom, Chief Planner, presented the applicants request. Staff recommendsapproval of this item.

Council and staff discussed the history of this property and the current housingmarket.

Councilman Philipp noted his opposition to the proposed development changes.

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City Council Work SessionJune 22, 2011

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2 Ways for Residents to Stay Informed

Derrick Thompson, Publication Specialist, described the different ways the Citycommunicates with its residents and the various outreach efforts to help keep residentsinformed and involved.

3 Website Enhancements

Michell Adams, Web Content Specialist, gave an overview of the enhancements madeto the Citys website.

Council reconvened into executive session pursuant to Section 551.074 of the TexasLocal Government Code at approximately 3:30 p.m.

EXECUTIVE SESSION

5 Personnel - City ManagerTexas Open Meetings Act 551.074

Council adjourned at approximately 4:14 p.m.

___________________________Beth Van Duyne, Mayor

ATTEST:

______________________Shanae Jennings, TRMCCity Secretary

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REGULAR MEETING OF THE IRVING CITY COUNCILMEETING MINUTES

June 23, 2011

The City Council met in regular session in the Council Chambers of the City HallComplex on Thursday, June 23, 2011 at approximately 7:07 p.m. The followingmembers were present / absent:

Attendee Name Organization Title Status ArrivedHerbert Gears Irving City Council Mayor AbsentAllan Meagher Irving City Council Councilman PresentLewis Patrick Irving City Council Councilman PresentRick Stopfer Irving City Council Councilman AbsentGerald Farris Irving City Council Councilman PresentJoe Philipp Irving City Council Councilman PresentRose Cannaday Irving City Council Councilwoman PresentRoy Santoscoy Irving City Council Councilman PresentMike Gallaway Irving City Council Councilman Present

Councilman Stopfer was absent at tonights meeting. Mayor Herbert Gears left themeeting following proclamations and announcements.

ORGANIZATIONAL SERVICE ANNOUNCEMENTS

Bill Velasco, DART representative, spoke to the Mayor and Council and thanked all ofthem for their support in regard to DART and the Orange Line.

INVOCATION

The invocation was delivered by Reverend Lari Goold of Celebration of Life Center forSpiritual Living of the City Of Irving, Texas.

PLEDGE OF ALLEGIANCE

Councilman Patrick led those present in the pledge.

PROCLAMATIONS AND ANNOUNCEMENTS

Mayor Gears presented a proclamation for Youth Peace Day International.

Mayor Gears presented a special recognition to Councilman Allan Meagher for hisyears of service as a council member. Mayor Pro Tem Cannaday presented a specialrecognition to Mayor Herbert A. Gears for his years of service on the council and asMayor of Irving.

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City Council MeetingJune 23, 2011

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CITY COUNCIL AGENDA

1 Public Hearing No. (ID # 3908) -- Public Input on the 2011-2012 City of IrvingFiscal Year Budget

The following individuals signed up to speak on this item:Oscar Ward, 608 Farine Drive, Irving, TXWally Banks, Irving Citizens Fire Academy Alumni, 3413 S. Briarcliff Ct., Irving,TXJoe Mapes, P.O. Box 141864, Irving, TXLucia Rottenberg, 2220 Indian Creek Dr, Irving, TXKensley Stewart, 3916 Tacoma St., Irving, TX

2 City Operations Update

Paul Gooch presented a video on the citys operations update and current city services.

CONSENT AGENDA

Motioned by Councilman Santoscoy, seconded by Councilman Gallaway to approve consentagenda items 3-24 and pull items 11 and 20.

Motion approved 7-0.

3 Approving Minutes for Wednesday, June 08, 2011

RESULT: ACCEPTED [UNANIMOUS]MOVER: Roy Santoscoy, Councilman

SECONDER: Mike Gallaway, Councilman

AYES: Meagher, Patrick, Farris, Philipp, Cannaday, Santoscoy, Gallaway

ABSENT: Herbert Gears, Rick Stopfer

4 Approving Minutes for Thursday, June 09, 2011

RESULT: ACCEPTED [UNANIMOUS]MOVER: Roy Santoscoy, Councilman




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5 Resolution No. RES-2011-146 -- Authorizing the Mayor to Apply For, Accept,Reject, Alter or Terminate the Bulletproof Vest Partnership (BVP) Grantfrom the U.S. Department of Justice

RESULT: ADOPTED [UNANIMOUS]

MOVER: Roy Santoscoy, Councilman




6 Resolution No. RES-2011-147 -- Authorizing Reimbursement Payment in the

Amount of $1,528,994.51 to Hines Las Colinas Land Limited Partnership(Hines) for Capital Infrastructure Improvements Within the TaxReinvestment Zone No. One






7 Resolution No. RES-2011-148 -- Authorizing Reimbursement Payment in theAmount of $426,722.75 to LPC Northwest Phase I, LP (Lincoln) for CapitalInfrastructure Improvements Within the Lincoln at Las ColinasDevelopment of Tax Reinvestment Zone No. One






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8 Resolution No. RES-2011-149 -- Authorizing Reimbursement Payment in theAmount of $4,079,822.47 to the City of Irving for Capital InfrastructureImprovements Within PDU 1, PDU 2, PDU 3, and SS1 of the Tax IncrementReinvestment Zone No. One






9 Resolution No. RES-2011-150 -- Approving Reimbursement of General Fund

Super Bowl Expenditures






10 Resolution No. RES-2011-151 -- Approving Reimbursement of Non Bond CIPExpenditures for Wayfinding Signs and Use of 5% Base Hotel OccupancyTax for Tourism Related Signs






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11 Resolution No. RES-2011-152 -- Approving Assignment of EmergencyMedical Services (EMS) Billing and Collection Contract

Motioned by Councilman Patrick, seconded by Councilman Gallaway to approvea resolution regarding assignments of Emergency Medical Services Billing and

Collection Contract, subject to the modified language presented in the meeting atwork session.



MOVER: Lewis Patrick, Councilman




12 Resolution No. RES-2011-153 -- Authorizing Staff to Negotiate anEngineering Services Agreement with Freese and Nichols, Inc., for theDesign of the Delaware Creek Channel Improvements Project






13 Resolution No. RES-2011-154 -- Awarding a Contract to C. Green Scaping,LP, for Campion Trails River Hills Park Phase I Project






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14 Resolution No. RES-2011-155 -- Awarding a Contract to Ratliff Hardscape forMacArthur Corridor Infrastructure Improvements - Screening Fence fromMarkwood Park to Sixth Street






15 Resolution No. RES-2011-156 -- Awarding a Contract to RKM Utility Services,

Inc., for the Elwood, Joffre, Mimosa & Willow Paving Improvements Project






16 Resolution No. RES-2011-157 -- Approving a License Agreement Betweenthe City of Irving and Trinity Railway Express for a Hike and Bike Crossingfor Campin Trails






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17 Resolution No. RES-2011-158 -- Approving a License Agreement Betweenthe City of Irving and Trinity Railway Express for the Replacement of theDelaware Creek Sanitary Sewer Interceptor






18 Resolution No. RES-2011-159 -- Approving a License Agreement Betweenthe City of Irving and Trinity Railway Express for the Replacement of a 12-

Inch Water Main at Sowers Road






19 Resolution No. RES-2011-160 -- Approving a License Agreement Betweenthe City of Irving and Trinity Railway Express for the Installation of a 4-InchMulti-Duct Conduit at Sowers Road






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20 Resolution No. RES-2011-161 -- Authorizing Reimbursement of Funds to theU.S. Department of Housing and Urban Development

Phil Smith, 1802 Puritan Dr, Irving, TX

Motioned by Councilman Santoscoy, seconded by Councilman Patrick to pass aresolution authorizing reimbursement of funds to the U.S. Department of Housingand Urban Development.




SECONDER: Lewis Patrick, Councilman



21 Resolution No. RES-2011-162 -- Renewing the Annual Contracts with BoundTree Medical, LLC; Midwest Medical Supply Co., LLC; and QuadMed, Inc.,for Medical Supplies






22 Resolution No. RES-2011-163 -- Ratifying and Approving the Purchase fromHolt Caterpillar for the Certified Power Train Rebuild of 2006 Caterpillar D8TDozer






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23 Resolution No. RES-2011-164 -- Renewing the Annual Contract with LCAEnvironmental, Inc., for Environmental Assessment Services


MOVER: Roy Santoscoy, CouncilmanSECONDER: Mike Gallaway, Councilman



24 Ordinance No. ORD-2011-9260 -- Final Reading Approving a NegotiatedSettlement with Oncor Electric Delivery Company






ZONING CASES AND COMPANION ITEMS

25 Resolution No. RES-2011-140 -- Approving Special Fence Project Plan#ZC11-0013 to Replace the Screening Wall with a Six Foot Tall Wrought-Iron Fence - Located at 7500 North MacArthur Boulevard - Calvert andCompany, Applicant - Shurgard Texas LTD PS, Owner- (Postponed fromJune 9, 2011)

Mayor Pro Tem Cannaday opened the public hearing at approximately 8:30 p.m.

No one elected to speak at tonights public hearing.

Mayor Pro Tem Cannaday closed the public hearing at approximately 8:30 p.m.

Motioned by Councilman Santoscoy, seconded by Councilman Patrick toapprove Special Fence Project Plan #ZC11-0013 to Replace the Screening Wallwith a Six Foot Tall Wrought-Iron Fence - Located at 7500 North MacArthurBoulevard - Calvert and Company, Applicant - Shurgard Texas LTD PS, Owneras recommended by staff.


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26 Ordinance No. ORD-2011-9262 -- Zoning Case #ZC10-0012 - Granting S-P-1(Detailed Site Plan) for C-O (Commercial Office) Uses - Approximately 0.31Acres Located at 2103 and 2107 North OConnor Road - A SquareInvestment, Inc., Applicant/Owner


Reza Nanbakhhsh, 401 San Jose, Irving, TX


Notices were mailed to twenty-eight (28) property owners within 200 feet of thesubject property, with two (2) letters received in support and two (2) noticesreceived in opposition. The opposition represents 22.06% of the property within200 feet. Since property owners who have provided written opposition represent20% or more of the land area within a 200 foot radius of the property in question,state law requires a 3/4 vote of the entire council to approve the zoning case.

Motioned by Councilman Patrick, seconded by Councilman Santoscoy toapprove Zoning Case #ZC10-0012 - Granting S-P-1 (Detailed Site Plan) for C-O(Commercial Office) Uses - Approximately 0.31 Acres Located at 2103 and 2107North OConnor Road - A Square Investment, Inc., Applicant/Owner




SECONDER: Roy Santoscoy, CouncilmanAYES: Meagher, Patrick, Farris, Philipp, Cannaday, Santoscoy, Gallaway


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27 Ordinance No. ORD-2011-9263 -- Zoning Case #ZC11-0018 - Granting S-P-2(Generalized Site Plan) for R-10 (Single Family) and R-6 (Single Family)Uses - Approximately 37.3 Acres Located on the West Side of RiversideDrive, North of Northwest Highway - Jacobs, Applicant - Hines Las Colinas,LP, Owner


Danny Opitz, 6546 Barcelona, Irving, TX Mr. Opitz represents Hines LasColinas, the development company.


Motioned by Councilman Santoscoy, seconded by Councilman Patrick toapprove Zoning Case #ZC11-0018 - Granting S-P-2 (Generalized Site Plan) forR-10 (Single Family) and R-6 (Single Family) Uses - Approximately 37.3 Acres

Located on the West Side of Riverside Drive, North of Northwest Highway -Jacobs, Applicant - Hines Las Colinas, LP, Owner


Let the record reflect Councilwoman Cannaday pushed a no vote however shevocalized her vote as yes.






28 Ordinance No. ORD-2011-9264 -- Zoning Case #ZC11-0019 - Granting S-P-2(Generalized Site Plan) for R-6 (Single Family) Uses - Approximately 16.2Acres Located on the Southwest Corner of Carbon Road and StateHighway 161 - Ion Design Group, Applicant - Highway 161 Investors, Owner


Nora and Edward Franco, 5022 Montego Bay, Irving, TXRobert Wood, 5030 Montego Bay Drive, Irving, TXRoss Calhoun, 1221 I-35 E, Carrollton, TX - Mr. Calhoun is the applicant.


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Motioned by Councilman Patrick, seconded by Councilman Santoscoy toapprove Zoning Case #ZC11-0019 - Granting S-P-2 (Generalized Site Plan) forR-6 (Single Family) Uses - Approximately 16.2 Acres Located on the SouthwestCorner of Carbon Road and State Highway 161 - Ion Design Group, Applicant -Highway 161 Investors, Owner

Motion approved 6-1. Councilman Philipp voted in opposition.

RESULT: ADOPTED [8 TO 1]


SECONDER: Roy Santoscoy, Councilman

AYES: Meagher, Patrick, Farris, Cannaday, Santoscoy, Gallaway

NAYS: Joe Philipp


APPOINTMENTS AND REPORTS

29 Resolution No. RES-2011-165 -- Appointments to the Dallas Area RapidTransit Board of Directors to Terms Expiring July 2013

Motion by Councilwoman Patrick, seconded by Councilman Santoscoy toapprove the reappointments of Randall Chrisman and John Danish to the DallasArea Rapid Transit Board of Directors to Terms Expiring July 2013

Motion approved 7-0



SECONDER: Roy Santoscoy, Councilman



30 Mayors Report

There was no mayors report at tonights meeting.

31 Adjournment

The meeting was adjourned at 9:29 p.m.

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Citizens Forum

Joe Mapes, P.O. Box 141864 - Mr. Mapes passed on his decision to speak.

Sharon Barbosa-Crain, 2608 Alan-a-Dale, Irving, TX - Mrs. Crain spoke regarding codeenforcement issues on property behind her house. The property is approximately a 2.5

acre tract of land.

___________________________Herbert A. Gears, Mayor

ATTEST:

______________________Shanae Jennings, TRMC

City Secretary

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AGENDA ITEM SUMMARY

Meeting: 7/7/2011 DOC ID: 3996Recommending Department: Police LSR No: 12538

Resolution -- Approving a Funds Sharing and Fiscal Agency Agreement

Between the County of Dallas, and the Cities of Dallas, Balch Springs,Carrollton, Cedar Hill, DeSoto, Duncanville, Garland, Grand Prairie, Irving,Lancaster, Mesquite, and Richardson Authorizing the City of Dallas toServe as the Fiscal Agent to Administer and Distribute FY2011 JusticeAssistance Grant (JAG) Funds through the Edward Byrne MemorialJustice Assistance Grant Program



2. Impact: The JAG program allows local governments to support a broad range ofactivities to prevent and control crime based on their own local needs andconditions.

3. The FY2011 JAG award to the City is $62,654.00, less the 30% disparity settlementto Dallas County of $18,796.20, and a 7% administrative fee of $3,070.05, bringingthe total grant award to the City at $40,787.75, with no matching funds required.

Recommendation


ADDITIONAL COMMENTS:

Contract Required: Yes Review Completed By: Jennifer RichiePrevious Action: N/A Council Action: N/A

ATTACHMENTS:

RES 2011 Jag Grant (PDF)

CURRENT YEAR FINANCIAL IMPACT:

NONE

REVISION INFORMATION:

Prepared: 6/17/2011 02:13 PM by Darlene JenkinsLast Updated: 6/20/2011 12:58 PM by Darlene Jenkins

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CITY OF IRVING

COUNCIL RESOLUTION NO. (ID # 3996)

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

SECTION I. THAT the City Council hereby approves the attached 2011 Byrne Justice AssistanceGrant (JAG) Program Funds Sharing and Fiscal Agency Agreement between theCounty of Dallas, and the Cities of Dallas, Balch Springs, Carrollton, Cedar Hill,DeSoto, Duncanville, Garland, Grand Prairie, Irving, Lancaster, Mesquite, andRichardson (Cities) naming the City of Dallas as the fiscal agent to administer anddistribute JAG funds pursuant to the JAG Grant Program and whereby the Countyand Cities agree and acknowledge, as certified disparate jurisdictions, that anagreement has been reached regarding the sharing of funds, and the Mayor isauthorized to execute said agreement.

SECTION II. THAT the agreement allows the City of Dallas, as the fiscal agent, to receive a 7%administrative fee from each entity for managing the grant funds, with Irvingsportion of said fee being $3,070.05, leaving a total award of $40,787.75 to the City ofIrving.

SECTION III. THAT this resolution shall take effect from and after its final date of passage, and it isaccordingly so ordered.

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,

on July 7, 2011.

________________________________BETH VAN DUYNE

MAYOR

ATTEST:

_______________________________Shanae JenningsActing City Secretary

APPROVED AS TO FORM:

_______________________________Charles R. AndersonCity Attorney

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GMS Application # 2011-H3607-TXDJ2011 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAMFUNDS SHARING AND FISCAl. AGENCY AGREEMENT

THIS AGREEMENT (the Agreement), is made and entered into by and between thefollowing partie s:The County of Dallas. Texas (the County) loc ated at County Administration Building ,2nd Floor, 411 Elm Street. Da llas, Te xas 75202, a corporate and political body recognized as alegal subdivision of the State of Texas pursuant to Article Xl, Section 1 of the TexasConstitution; andThe Ci ty of Ba lch Springs. Texas (B alch Springs ) , lo cated at City Ha ll, 3117 HickoryTree Road. Balch Sprin gs , Texas 751 80. a home rule municipality pursuant to Section 5. Article

11 of the Texas Constitution; andThe City of Carroliton, Texas (Carrollton), located at City Ha ll, 1945 East Ja cksonRoad , Carrollton, Texas 75006, a home rule municipality pursuant to Section 5, Article 11 of theTexas Constitution; andThe City of Cedar Hill , (Cedar Hill ), located at City Ha ll, 285 Uptown Bou levard,Building 100, Cedar Hill, TX 75104 , a hom e ru le municipality pursuant to Section 5, Ar ticle 11

of the Texas Constitution; andThe City of Dallas , T exa s (Dallas). locate d at City Hal l, Room 7DN, 1500 ManIlaStreet. Dallas . Texas 75201. a home ru le municipality pursuant to Section 5. Article 11 of theTexas Constitution: andThe City of DeSoto, Texas (DeSoto), located at City Hal l, 211 East Pleasant Run R oad,Su ite A, DeSo to, Te xas 75115, a home rule municipality pursuant to Section 5, Article 11 of theTexas Constitution; andThe City of Duncanville, Texas (Duncanville), located at City Hall, 203 EastWheatland Road , Duncanville, Texas 75116, a home rule municipality pursuant to Section 5,Article 11 of the Texas Constitution; andThe City of Garland, Texas (Garland), located at City Hall , 200 North Fifth Stre et, 4thFloo r. Garland. Te xas 75040, a home rule municipality pursuant to Section 5, Article 11 of theTexas Constitution; and

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The City of Grand Prairie , Texas (Grand Prairie), located at City Hall, 317 CollegeStree t, Grand Prairie, Texas 75050, a home rule mun icipality pursu ant to Sec tion 5, Artic le 11 ofthe Texas Constitution; andThe City of irving. Texas (Irving), located at City Hall, 825 West Irving Boulevard.Irving, Te xa s 75060 . a home rule municipality pursuant to Section 5, Article 11 of the TexasConstitution: andThe Ci ty of Lancaster, Te xas (Lancaster), loc ated at City Hal l, 211 North Henry Street,

Lancaster, Texa s 75134, a hom e ru le municipality pursuant to Section 5, Article 11 of the TexasConstitution; andThe Ci ty of Mesquite. Texas (Mesquite), located at City Hall, 1 5 15 North GallowayAvenue, Mesquite, Te xas 75149 . a ho m e rule municipality pursuant to Section 5, Ar ticle 11 ofthe Texas Constitution; andThe City of Richardson, Tex as (Richardson), locat ed at City Hall, 411 West Ar apaho,Richardson, Texas 75080, a ho m e rule municipality pursuant to Se ction 5, Article 11 of the

Texas Con stitu tion .

The aforementioned Tow n and Cities sha ll be referred to collectively in this Agreementas the Cities.

WITNESS ETH:

WHEREAS, Pa rt E of Title I of the Omnibus Cr im e Control and Safe Stre ets Act of1968, as amended, and the Edward Byrne Memorial Justice Assistance G ra nt Program (the JAGProgram) authorize the Department of Justices B ur eau of Justice Assistance (the BJA) tomake fund s (th e JAG Funds) available to un its of local government in order to su pport a broadrange of activities to prevent and control crim e and to improve the criminal justice sys tem; andWHEREAS, the C ou nty and the Cities are eligible fo r 2011 JA G Program Fund s andhave be en certified by the BJA as a disparate jurisdiction; andWHEREAS, for the purposes of simplifying the application process , the JAG Prog rampermits the chief executive officer of one of the eligible uni ts of loca l government in thedisparate jurisdiction to submit a joint application for JAG Fun ds on behalf of the other eligibleunits of local governments within th at jurisdiction and to act as the fiscal ag ent for those loca lgovernments in administering the JA G Funds ; and

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WiiEIUAS. certilied disparate jurisdictions must reach an agreement regarding thesharing of JAG Funds prior to submission of th e JAG Program application; andWHEREAS, the County and the Cities agree and acknowledge that as a certifieddisparate jurisdiction, they must reach an agreement regarding the sharing of JAG Funds prior tosubmitting a JAG application with the BJA; andWHEREAS, the County and the Cities hereby agree to name a fiscal agent to administerand distribute the JAG Funds and to designate a share of each jurisdictions JAG Funds foradministrative costs to be paid to the f isca l agent named below, prior to submission of the jointapplication for JAG Funds to th e BJA; andWHEREAS, the County and the Cities wish to name Dallas as the fiscal agent toadminister and distribute the JAG Funds pursuant to the JAG Program; andWHEREAS, a unit of local government may transfer up to ten percent (10%) of itsallocation of JAG Funds for costs associated with administering the JAG Funds to the fiscalagent; andWHEREAS, each governing body finds that the performance of this Agreement is in thebest interests of the parties, that the undertaking will benefit the public, and that the share of theJAG Funds to each jurisdiction fairly compensates the parties for their respective functions underthis Agreement.NOW THEREFORE, in consideration of the mutual covenants and obligations herein.the parties agree as follows:

SECTION 1. PURPOSEThis Agreement shall set forth the following: (A) the nature of the relationship betweenthe County and the Cities and Dallas as fiscal agent for the County and the Ci ties ; (B) the partiesreporting, legal, and audit obligations; (C) the amount of JAG Funds initially allocated by theBJA to the County and the Cities (the Initial Allocations); (D) the amount of the InitialAllocations of the JAG Funds to be transferred from the Cities to the County; (E) the allocationof JAG Funds for each jurisdiction after the transfer of a portion of the Initial Allocations of JAGFunds from the Cities to the County (the Adjusted Allocations); (F) the amount of the grant

administration fees to be paid to Dallas as the fiscal agent for both the County and the Cities; (G)the allocation of JAG Funds for the County and the Cities after the grant administration fee hasbeen deducted from the Adjusted Allocations (the Final Allocations); and (H) other rights andresponsibilities of Dallas, the County, and the Cities with regard to Dallas application for,administration oE and distribution of the JAG Funds on behalf of the County and the Cities.GMS Application #201 1-H3607-TX-DJEDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAMFUNDS SHARING AND FISCAL AGENCY AGREEMENTPage 3

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SECTION 2. FISCAL AGENTA. Da llas as Fisc al Agent. The County and the Cities do hereby agree that Dallasshall act as the fiscal agent for purposes of applying for, administering, and distributing the JAGFunds on behalf of both the County and the Cities . In consideration fo r Dallas acting as thefiscal agent for purposes of the JAG Program, the County and the Ci ties, sav e Dalla s, each ag reeto pay Dallas seven percent (7%) of their Adjusted Allocations fo r cos ts associated with

administering the JAG Funds. Dallas shall allocate greater than seven percent (7% ) of itsAdjusted Allocation toward administration; provided, however, the tot al contribution of AdjustedAl locations toward grant administration, including Da llas contribution, shall not exceed tenpercent (10% ) of the total allocation to the parties disparate jurisdiction. Dallas further agrees toprioritize the expenditure of the grant administration fee s to include the following ac tiv ities:distributing the JAG Funds, monitoring the award , submitting reports to the BJA (includingperformance measures and program assessment data) , and providing ongoing assistance to theCounty and the Ci ties as sub-recipients of the JAG Fu nds.B. No Additional Funds. The County and the Cities agree tha t Dal las has noobligation to provide funds to the County and the Cities fro m any source other tha n the JAGProgram and in any amount other than the Final Allocation of JAG Funds for each party as setfo rth in this Agreement regardless of whether the JAG Funds are sufficient to fu lly accomplishthe priorities set forth in Section 2.A above. In the event a portion of the JAG grant

administration fee remains upon completion of the project set for th in thi s Agreement, asdetermined by Dallas, Dallas may expend such funds on other eligible projects under the JAGProgram at Da llass so le discretion.

SECTION 3. REPORTING, LEGAL, AN D AUDIT REQUIREMENTSA. Rep orts .

(I) Quarterly Rep orts . The County and the Citie s ag ree to provide Dallaswith quarterly financial and programming reports no later than eighteen (18) days afterthe las t day of the calendar quarter tha t demonstrate the appropriate use and managementof the JAG Fund s in conformance with the JA G Program and the BJA guidelines.

(2) Annua l Repo rts. The County and the Ci ties ag ree to provide Da llas withyearly performance reports in conformance wi th the JA G Program and the BJAguid e lines.

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B. Legal Requirements. The County and the Citie s agree to act in accordance withall Of fice of Justice Programs fin anc ial guidelines and all of the requirements of the JAGProgram guidance, including but not limited to: Non-Supplanting of State and Local Fund s; CivilRigh ts Compliance; Anti-Lobbying Act: Financial and Government Audit Requirements,includes Sing le Audit Act Requirements; National Environmental Policy Act (NEPA); DOJlnfbrmation Technology Standards: Compliance with Office of Justice Programs Financ ialGuide; and Government Performance and Results Act (GPRA); Fede ral Funding Accountabilityand Transparency Act (FFATA) of 2006.

C. Audit Requirements. The County and the Cities shall maintain records todemonstrate proper expenditure of JAG Program Funds and Dallas, as fisca l agen t, has the rig htto review and aud it an y and all of such financial and programming records. The County and theCitie s shall re tain all such records for a minimum of thr ee (3) years following completion of thisAgreement. The County and the Cities must require that any of its contractors, subcontractors.vendors, or pa rtner agencies allow Da llas to review and aud it the ir f inanc ial records pertaining toany contracts they may have with the County or the Cities utilizing JAG Funds.

SECTION 4. INITIAL ALLOCATIONSFor 2011, the BJA has determined the Initial Allocations of JAG Funds for the pa rties tothi s Agreement as fo llow s:

THE COUNTY $0.0 0BALCH SPRINGS $16,494.00CARROLLTON $23,781.00CEDAR HILL $10,579.00DALLAS $1,063,711.00DESOTO $15.427.00DUNCANVILLE $13,842.00GARLAND $65,367.00GRAND PRAIRIE $51,129.00IRVING $62,654.00

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LANCASTER $1 3,293.00MESQUITE $48,873.00RICI-IARDSON $24,055.00TOTAL $1,409,205.00

SECTION 5. AMOUNT OF INITIAL ALLOCATIONS TO BE TRANSFERRED FROMTHE CITIES TO THE COUNTYThe Cit ies shall transfer a portion of their Initial Allocations of JAG Funds to the County

pur suan t to this Agreement as fo llows:THE COUNTY $0.00BALCH SPRINGS $4,948.20CARROLLTON $7,134.30CEDAR HILL $3,173.70DALLAS $319,113.30DESOTO $4,628.10DUNCANVILLE $4,152.60GARLAND $19,610.10GRAND PRAIRIE $15,338.70IRVING $18,796.20LANCASTER $3,987.90MESQUITE $14,661.90RICHARDSON $7,216.50

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TOTAL $422,761.50

SECTION 6. ADJUSTED ALLOCATIONSAfter the transfer of a portion of the Ci ties In itial Allocations of JAG Funds to theCounty. the County and the Cities Adjusted Allocations of JAG Fund s are as fo llows:

THE COUNTY $422.761,50BALCI- I SPR INGS $11,545.80CARROLLTON $16,646.70CEDAR HILL $7,405.30DALLAS $744,597.70DESOTO $10,798.90DUNCANVILLE $9,689.40GARLAND $45,756.90GRAND PRAIRIE $35,790.30IRVING $43,857.80LANCASTER $9,305.10MESQUITE $34,211.10RICHARDSON $16.838.50TOTAL $1,409,205.00

SECTION 7. FISCAL AGENT GRANT ADMINISTRATION FEESThe Coun ts and the Cities other than Da llas agree to transfer grant administration feesequal to seven percent (7%) of each partys Adjusted Allocation of JAG Funds to Dallas, asfiscal agent fo r the County and the Cities and Da llas shall allocate greater than seven percent

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(7%) of its Adjusted Allocation toward administration as shown be low. The to tal contribution ofAdjusted i-\llocations toward grant administration, including Dallas contribution, does no texceed ten percent (10% ) of the total allocation to the par ties disparate jurisdictionTHE COUNTY $29,593.3 1BALCH SPR INGS $808 .20CARROLLTON $1,165.27CEDAR HILL $518.37DALLAS $94,397.99DESOTO $755.92DUNCAN VILLE $678 .26GARLAND $3 ,202 .98GRAND PRAIRIE $2 ,505 .32IRVING $3,070.04LANCASTER $651.36MESQUITE $2,394.78RICHARDSON $1,178.70TOTAL $140,920.50

SECTION 8. FINAL ALLOCATIONSThe Fin al Allocations of JA G Funds are the Initial Allocations (1) less the transfer of aportion of the Cities In itial Allocations of JA G Funds to the County, which are the AdjustedAllocations and (2) less the transfer of the grant administration fees of the Adjusted Allocationsto Dallas. Each jurisdiction shall includ e in its JAG Program application the following Fin alAllocations of JA G Funds:

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BALCFI SPRINGS $10,737.59CARROLLTON $15,481.43CEDAR HILL $6 ,886 .93DALL AS $791,120.21DESOTO $10,042.98DUNCA NVILLE $9,011.14GARLAND $42,553.92GRAND PRAIRIE $33,284.98IR VING $40,787.75LANCASTER $8,653.74MESQUITE $31,816.32

RICI-IARDSON $15,659.81TOTAL $1,409,205.00

SECTION 9. APPLICATION OF COUNTY FUNDSThe County agrees to prioritize the expenditure of its Final Allocation of Three Hu ndredNinety-Three Thousand One Hundred Sixty-Eight Dollars and Twenty Cents ($393,168.20) tocontinue the development and implementation of improvements to the crim inal justice system.The Cities agree that the County has no obligation to provide any additional funds under thisAgreement, even if the 2011 JAG Funds are insufficient to ful ly develop or implement theCountys chosen improvements to the crim inal justice sy stem . In the event any JAG Fundsremain upon completion of the development and implementation of improvements to thecrim inal justice, the County may expend such fund s on other eligible projects under the grant atthe Countys discretion, subjec t to the app rova l of the BJA, as required under the JAG Program.

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Th e term oF this Agreement shall begin on the date the last signature of either the Countyor the Cities authorizing approving this Agreement is obtained and sha ll terminate upon finalexpenditure oF the funds in accordance with the JA G Program.

SECTION 11. AGENCYThe County and the Cities agree and acknowledge that each entity is no t an agent of any

other entity and that each enti ty is responsible for its acts, forbearance, negligence, and deeds andeach ent it y is responsible for those acts, forbearance, negligence, and deeds of its agents oremployees in conjunction with performance under this Agreement.

SECTION 12. INDEMNIFICATIONTh e County agrees to be responsible for any liability or damages the County ma y sufferas a result of claims, demands, costs, or judgments, including all reasonable attorneys fees,against the County arising out of any performance under this Agreement, or arising from anyaccident, injury, or damage, whatsoever, to any persons, or to the property of any persons orcorporations occurring during the performance of this Agreement and caused by the solenegligence of the County, its agents, officers and employees.Each City made a party to this Agreement agrees to be responsible for any liability ordamages it ma y suffer as a result of claims, demands, costs, or judgments, including anyreasonable attorneys fees, against that respective City, arising out of any performance underthis Agreement, or arising ou t of the performance of any services to be provided under thisAgreement, or arising from any accident, injury, or damage, whatsoever, to an y persons, or to theproperty of any persons or corporations occurring during the performance of the Agreement andcaused by the sole negligence of that respective City, their agents, officers, and employees.The Cities and County agree that any liability or damages as stated above occurringduring the performance of this Agreement caused by the joint or comparative negligence of theiremployees or officers shall be determined in accordance with comparative responsibility laws ofthe State of Texas.

SECTION 13. FORMAL APPROVALThis Agreement is expressly subject to and cont ingent upon formal approval by thegoverning bodies of the County and the Cities.

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SECTION 14. NO THIRD-PARTY BENEFICIARY ENFORCEMENTIt is expressly understood and agreed that enforcement of the terms and conditions of thisAgreement and any right of action relating to such enforcement shall be strictly reserved to theCities an d th e County and nothing contained in this Agreement shall be construed to create anyrights for any third parties.

SECTION 15. NON-ASSIGNMENTThe parties shall no t sell, assign, transfer, or convey this Agreement, in whole or in part,without the prior written consent of the parties.

SECTION 16. RESPONSIBILITYDallas. the County. an d th e Cities shall each be responsible for the sole negligent acts oftheir officers, agents, employees, or separate contractors. In the event of joint and concurrentnegligence of the parties to this agreement, responsibility, if any, shall be apportionedcomparatively in accordance with the laws of the State of Texas, without waiving anygovernmental immunity available to the parties under Texas law and without waiving anydefenses of the parties under Texas law.

SECTION 17. NOTICEAny notice, payment, statement, communication, report, or demand required or permittedto be given under this Agreement by any party to the another may be effected by personaldelivery in writing or deposited in the U.S. mail by certified letter, return receipt requested.Mailed notices shall be addressed to the parties at the addresses appearing below, bu t each partymay change its address by written notice in accordance with this section. Mailed notices shall bedeemed communicated as of three (3) days after mailing.

To the County: Director of Criminal Justice, Ron StretcherDallas County Administration Building411 Elm Street, 2d FloorDallas, Texas 75202To Balch Springs: Chief of Police, Ed Morris

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Baich Springs Police Department12500 Elam RoadBaich Springs, Texas 75180To Carrollion: Chief of Police, Rex Redden

Carroliton Police Department2025 East Jackson RoadCarroliton, Texas 75006

To Cedar 1-lill: Chief of Police, Stephen RhodesCedar Hill Police Department285 Uptown Boulevard, Building 200Cedar Hill, Texas 75104

To Dallas: Chief of Police, David BrownDallas Police Department1400 South Lamar StreetDallas, Texas 75215To DeSoto: Chief of Police, W.M. BrodnaxDeSoto Police Department714 Eas t Be lt Line Road

DeSoto, Texas 75115To Duncanville: Chief of Police, Robert Brown

Duncanville Police DepartmentP.O. Box 380280Duncanville, Texas 75138

To Garland: Chief of Police, Mitch BatesGarland Police Department1891 Forest LaneGarland, Texas 75042

To Grand Prairie: Interim Chief of Police, Michael ShawGrand Prairie Police Department1525 Arkansas LaneGrand Prairie, Texas 75052To Irving: Chief of Police, Larry BoydIrving Police Department

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Irving, Texas 75015To Lancaster: Chiefof Police. Keith L. Humphrey

Lancaster Police Department1650 North Dallas AvenueLancaster, Texas 75134

To Mesquite: Chief of Police, Derek RohdeMesquite Police Department777 N. Galloway AvenueMesquite, Texas 75149

To Richardson: Chief of Police, Jimmy L. SpiveyRichardson Police DepartmentP.O. Box 831078Richardson, Texas 75083

SECTION 18. GOVERNING LAW AN D VENUEThe obligations of the parties to this Agreement shall be performed in Dallas County,Texas, and venue for any leg al action under this Agreement shall lie exclusively in DallasCounty, Texas. In construing this Agreement, t he l aws and court decisions of the State of Texas

shall control.

SECTION 19. LEGAL CONSTRUCTIONIn the case th at a ny one or more of the provisions contained in this Agreement sha ll forany reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,

illegality, or unenforceability shall not affect any other provision of this Agreement, an d th isAgreement shall be considered as if such invalid, illegal, or unenforceable provision had neverbeen contained in this Agreement.

SECTION 20. COUNTERPARTSThis Agreement may be executed in any number of counterparts, each of which shall bedeemed an original and constitute one and the same instrument.

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SECTION 21 . CAPTIONSTh e captions to the various clauses of this Agreement are for informational purposes onlyand shall not alter the substance of the terms and conditions of this Agreement.

SECTION 22. AMENDMENTS; ENTIRE AGREEMENTThis Agreement (with all referenced exhibits, attachments, and provisions incorporated

by reference) embodies the entire agreement of both parties, superseding all oral or writtenprevious and contemporary agreements between the parties relating to matters set forth in thisAgreement. This Agreement ma y be modified or amended only by written agreement of theparties, to be attached to and made a part of this Agreement.

IN WITNESS WHEREOF, by their signatures hereon each of the undersigned represents andwarrants that they are the duly authorized agents of each entity and have full right and authorityto enter into this Agreement. This Agreement is to be effective upon the signature of bothCounty and the Cities.

ISIGNATURES APPEAR ON TH E FOLLOWING PAGES]

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The County of Dallas, State of Texas, has executed this Agreement pursuant to CommissionersCourt Order Number and passed on the day of2011.

APPROVED BY THE COUNTY OF DALLAS:

.Jim Foster, County Judge

A1PROVED AS TO FORM BY:

Bob Schell, DA Civil Section Chief

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lhe City oF Baich Springs, Stale of Texas, has executed the Agreement pursuant to dulyauthorized City Council Resolution MinutesDatedthe dayof

AIPROVED BY THE RECOMMENDED BY:CITY OF BALCH SPRINGS:

Ed Morris. City Manger Ed Morris, Chief of Police

APPROVED AS TO FORM BY:

Monty Akers. City Attorney

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The Ci ty of Carroilton, State of Texas , has executed the Agreement pursuant to duly authorizedCi ty Council Resolution Minutes Dated the__dayof ,2011.

APPROVEI) BY THE RECOMMENDED BY:CITY OF CARROLLTON:

Leonard Marlin, City Manager Rex Redden, Chief of Pol ice

APPROVED AS TO FORM BY:

R.Clayton I lutchins. City Attorney


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lhe City of Cedar lull, State of Texas, has executed the Agreement pursuant to duly authorizedCity Council Resolution Minutes Dated thedavol .2011.

APPROVED BY THE RECOMMENDED BY :CITY OF CEDAR HILL:

Alan Sims. City Manager Stephen Rhodes, Chief of Police

APPROVED AS TO FORM BY :

Ro n MacFarlane, City Attorney

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The City of Dalla s, State of Texas, has executed the Agreement pursuant to duly authorized Ci tyCounci l Resolution Minutes the day of2011.

APPROVED BY THE CITY OF I)ALLAS: RECOMMENDED BY:

Mary K. Suhm. City Manager David Brown, Chief of Po lice

APPROVED AS TO FORM:Thomas P. Perkins, Jr.City Attorney

Assistant City Attorney

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The City of Duncanville, State of Texas, has executed the Agreement pursuant to duly authorizedCity Council Resolution Minutes Dated the day of,2011.

APPROVED BY THE RECOMMENDED BY :CITY OF DUNCANVILLE:

Kent Cagle, City Manager Robert Brown, Chief of Police


Robert I-lager, City Attorney

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The City of Garland, Stale of Texas, has executed the Agreement pursuant to duly authorizedCity Council Resolution Minutes Dated the day of2011.

APPROVED BY THE RECOMMENDED BY:CITY OF GARLAND:

Bill Dollar, City Manager Mitch Bates, Chief of Police


Brad Neighbor, City Attorney

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The City ol Grand Prairie, State of Texas, has executed the Agreement pursuant to dulyauthorized City Council Resolution Minutes Dated thedayol

APPROVED BY THE RECOMMENDED BY :CITY OF GRANI) PRAIRIE:

Torn I lar t, City Manager Michael Shaw, Interim Chief of Police


Don Postell, City Attorney


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The C ity of Irv ing , State of Texas, has executed the Agreement pursuant to duly autho rized CityCouncil Resolution Minutes Dated the day of201 1

APPROVEI) BY THE CITY OF IRVING: RECOMMENDED BY:

herbert A. Gears. Mayor Larry Boyd, Chief of Po lic e


Charles Anderson, City Attorney

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The City of Lancaster, Slate of Texas, has executed the Agreement pursuant to duly authorizedCity Council Resolution Minutes the day of

APIROVED BY THE RECOMMENDED BY :CITY OF [ANCASTER:

Opal Mauidin-Robertson, City Manager Keith L. Humphrey, Chief of Po lice


Robe rt 1 lag er. City Attorney

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The City of Mesquite, St ate of Texa s, has ex ec uted the Agreement pursuan t to duly authorize dCity Co uncil Resolution M inutes Dated the day of2011.

APPROVED BY THE RECOMMENDED BY:CITY OF MESQUITE:

Ted B ar ro n. Ci ty Manager De rek Rohde, Chief of Police

APIROVED AS TO FORM BY:

B.J . Smith. City Attorney


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The City of Richardson, State of Texas , has executed the Agreement pursuant to du ly authoriz edCity Council Resolution Minutes the day of

APPROVEI) BY THE RECOMMENDED BY :CITY OF RICHARDSON:

Bill Kef fle r. C ity Manager Jimmy L. Spivey, Chief of Po lice APPROVED AS TO FORM:

Peter G. Smith . City Attorney

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AGENDA ITEM SUMMARY

Meeting: 7/7/2011 DOC ID: 4002Recommending Department: City Attorneys Office LSR No: 12101

Resolution -- Approving an Engagement Letter with Kelly Hart & Hallman

LLP for Legal Services Related to the Issuance of Bonds for EntertainmentVenue Project


1. This item supports Strategic Goals No. 3: Economic Development and No. 8 SoundGovernance.

2. Impact: Engaging Kelly Hart & Hallman LLP has assisted the legislative andlitigation process related to the Entertainment Venue bond validation suit.

3. Andrew Weber, former Texas First Assistant Attorney General, has supported ourlitigation team in matters related to the Attorney Generals appeal of the bond

validation suit since November of 2010.

4. In addition, Mr. Weber has provided assistance to the City's legislative team in theirefforts to address the issue of biennial appropriation.

5. This contract will be in an amount not to exceed $75,000.00.

6. Funding is available in the Entertainment Venue [Brimer] Fund.

Recommendation



Contract Required: Yes Review Completed By: Karen Brophy

Previous Action: N/A Council Action: N/A

.

ATTACHMENTS:

RES Engagement Letter - Kelly Hart & Hallman LLP (PDF)


All costs associated with these services will be paid from Entertainment Venue Project Fund.


Prepared: 6/23/2011 12:01 PM by Rachel SedilloLast Updated: 7/1/2011 10:13 AM by Belinda Rowlett

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CITY OF IRVING



SECTION I. THAT the City Council hereby approves the attached engagement letter between theCity of Irving and Kelly Hart & Hallman LLP for legal services related to theEntertainment Venue project in an amount not to exceed $75,000.00, and the Mayoris authorized to execute said engagement letter.

SECTION II. THAT this expenditure shall be charged to Account No. 4004-1001-564111-4080.


THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE.

________________________________Max S. Duplant, CPA

Chief Financial Officer


on July 7, 2011.

________________________________BETH VAN DUYNE

MAYOR

ATTEST:




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Attachment:RESEngagementLetter-KellyHart&HallmanLLP(4002:16ApprovingEngagementLtr-


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AGENDA ITEM SUMMARY

Meeting: 7/7/2011 DOC ID: 4006Recommending Department: Real Estate & Development LSR No: 12521

Resolution -- Approving an Amendment for Improvements with the State of

Texas (Housing and Human Services Commission) for Lease of Offices inthe Citys Human Services Building Located at 440 South Nursery Road


1. This item supports Strategic Goal No. 8: Sound Governance.

2. Impact: This agreement provides for the city to be reimbursed for the installation ofnew flooring and window tinting in the city-owned building at 440 S. Nursery Road.

3. Since 1992, the State of Texas (Health and Human Services Commission) hasoccupied space on the second floor of the Citys Human Services Building locatedat 440 S. Nursery Road. In September 2010, the State expanded the lease to

occupy the entire second floor of the building.

4. The State has requested that the city install new carpet, vinyl composition tile andwindow tinting, and has agreed to reimburse the citys cost for such improvementsupon completion.

5. Funding in the amount not to exceed $50,000.00 is available in the Non-Bond CIPFund.

Recommendation


ADDITIONAL COMMENTS:Contract Required: Yes Review Completed By: Kuruvilla Oommen

Previous Action:

7-11-02-239; 12-13-07-488

2010-249

Council Action:

Extensions of Lease

Add Space and Lease Renewal Amendment

ATTACHMENTS:

RES 29 Agree TDHS Amendment for Improvements to 440 S Nursery (PDF)

CURRENT YEAR FINANCIAL IMPACT:4001-2950-567103-9100 Budget: $50,000.00 Actual: $50,000.00Budget Adjustment/Transfer Required: No


Prepared: 6/24/2011 03:52 PM by Cynthia CastroLast Updated: 7/1/2011 10:25 AM by Belinda Rowlett

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CITY OF IRVING



SECTION I. THAT the City Council hereby approves the attached Amendment for Improvementsto the lease agreement between the City of Irving and the State of Texas (Health andHuman Services Commission) for building improvements in connection with thelease of offices located in the Citys Human Services Building located at 440 SouthNursery Road, in an amount not to exceed $50,000.00, which will be reimbursed tothe City upon completion, and the Mayor is authorized to execute said amendment.




__________________________________Max S. Duplant, CPA

Chief Financial Officer


on July 7, 2011.

________________________________BETH VAN DUYNE

MAYOR

ATTEST:

_______________________________Shanae Jennings

Acting City Secretary



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AGENDA ITEM SUMMARY

Meeting: 7/7/2011 DOC ID: 4000Recommending Department: Information Technology LSR No: N/A

Resolution -- Renewing the Extended Maintenance Agreement with L3

Communications Mobile-Vision, Inc., for Mobile-Vision In-Car VideoSystems



2. Impact: The extended maintenance agreement will provide licensing and supportfor the Police Department mobile-vision in-car video systems. The video system isutilized in law enforcement vehicles to record incidents with the purpose ofcollecting evidence to substantiate any claims and/or convictions.

3. L-3 is the sole source provider. All spare parts and accessories are designed and

manufactured exclusively by L-3 Communications Mobile-Vision, Inc., and notavailable from another source. In addition, all extended warranty services, repairand warranty claims are managed exclusively by L-3 Mobile-Vision. Any workperformed by non-authorized personnel will void all warranties and claims. Theoriginal contract was awarded on the basis of competitive bids.

4. Funding in the net estimated amount of $54,847.33 for the period of June 24, 2011through June 23, 2012, and $69,000.00 for the period of June 24, 2012 throughJune 23, 2013, is available in the General Fund, subject to funds being appropriatedfor Fiscal Year 2011-12.

Recommendation



Contract Required: No Review Completed By: N/A

Previous Action: Res No. 9-20-07-383 Council Action: Award to Bid to L-3Communications

.

Comments: Previous price reflects one year renewal; proposed price reflects a two yearrenewal.

Current/

Previous

Vendor

Current/

Previous Price

Proposed

Vendor Proposed Price

Difference(+/- from previous

contract)

Performance

Criteria

L-3

Communications

Mobile-Vision, Inc.

$41,747.48 L-3

Communications

Mobile-Vision, Inc.

$123,847.33 $82,099.85 Yes

ATTACHMENTS:

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Sole Source Letter (PDF)

Vendor Performance Worksheet (PDF)


1001-2310-56406-100 Budget: 54,847.33 Actual: $54,847.33P0 190267

Budget Adjustment/Transfer Required: No


Prepared: 6/22/2011 12:00 PM by Antina GarzaLast Updated: 7/1/2011 10:19 AM by Belinda Rowlett

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CITY OF IRVING



SECTION I. THAT the City Council hereby approves the renewal of an agreement to L-3Communications Mobile-Vision, Inc., in the net amount of $54,847.33 for the periodof June 24, 2011, through June 23, 2012; and in the estimated amount of $69,000.00for the period of June 24, 2012, through June 23, 2013, subject to funds beingappropriated in Fiscal Year 2011-12, for Mobile-Vision In-Car Video Systems, andawards the renewal contract to said company in said amount, and authorizes theMayor to execute any necessary agreement.




__________________________________Max S. Duplant, CPAChief Financial Officer


on July 7, 2011.

________________________________BETH VAN DUYNE

MAYOR

ATTEST:




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Agenda Item #/Name Council Meeting Date

Bid Name

In-House Services

Total In-House Estimate

Proposed Vendor

Proposed Vendor Bid Proposed Contract Term

Current Vendor

Current Vendor Bid Current Contract Term

Difference Vendor vs. In-House

Were products/services delivered on time?

Did service/products meet specifications for quality?

Were products/services delivered at or below contracted bid price?

Customer Service

Below Expectations (No)

Responsive (Yes)

Above Expectations (Yes)

Sole/Single Source (Yes/No)

Overall Performance Rating

Can work be performed by city staff?

If no, reason for not completing worksheet (place check mark in appropriate blank)

x No in-house expertise Project time constraints

x No in-house equipment X Other Void Warranties

In-House vs. Outside Vendor Cost/Benefit Analysis Worksheet Completed?

Yes

VENDOR PERFORMANCE CRITERIA

Yes

No

Yearly increase is due to new vehicles added to maintenance. This contract has gone from a one-year

maintenance contract to a two-year maintenance contract term resulting in the increase noted below.

Comments

No

Yes/No

Yes

Yes

Yes

Yes

Difference

(+/- from previous

contract)

Performance

Criteria

L-3 Communications

Mobile-Vision, Inc.

$41,747.48 L-3 Communications

Mobile-Vision, Inc.

$123,847.33 $82,099.85 Yes

Current/ Previous

Vendor

Current/ Previous

Price Proposed Vendor Proposed Price

N/A

$123,847.33

N/A

VENDOR PERFORMANCE WORKSHEET

4000 July 7, 2011

Mobile-Vision In-Car Video Systems Extended Maintenance Renewal

2 year term

N/A

L-3 Communications Mobile-Vision, Inc.

$41,747.48 1 year term

L-3 Communications Mobile-Vision, inc.

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AGENDA ITEM SUMMARY

Meeting: 7/7/2011 DOC ID: 3997Recommending Department: Capital Improvement Program LSR No: N/A

Resolution -- Approving and Accepting of the Bid of Wesco Distribution,

Inc., for Annual Contract for Lighting Supplies (Bulbs and Ballasts)


1. This item supports Strategic Goal No. 7: Cultural, Recreational and EducationalEnvironments and Goal No. 9: Infrastructure.

2. This item has been recommended by CIP and Parks and Recreation.

3. Impact: Proper lighting of city facilities and park areas help to enhance andpromote operational efficiency and provide safe and inviting recreational facilities forresidents.

4. This award establishes an annual contract for the continuation of providing lightingsupplies (bulbs and ballasts).

5. This bid allows for the purchase of high efficiency bulbs. Staff is replacing the oldinefficient fixtures as they burn out. The retrofit of old fixtures should be complete intwo years.

6. Funding in the net estimated annual amount of $67,118.33 for this one-yearcontract is available in the General Fund.

Vendor DepartmentFY2010-11

Budgeted Amount FY2011-12

Net Est. Amount

Total Net Est.

AmountWescoDistribution, Inc.

CIP $11,093.55 $33,280.60 $44,374.15

WescoDistribution, Inc.

Parks andRecreation

$ 3,863.48 $18,880.70 $22,744.18

Total $14,957.03 $52,161.30 $67,118.33

Recommendation



Contract Required: N/A Review Completed By: N/A

Previous Action: N/A Council Action: N/A

Comments: Purchasing sent solicitation notices to 84 vendors, of which 48 were M/WBE, for#ITB 111M-11F Lighting Supplies (Bulbs and Ballasts) and received eight (8) responses, ofwhich two (2) were M/WBE. The lowest, responsive responsible bidder met specifications andperformance criteria. This award is in the total net estimated amount of $67,118.60 for one (1)year with two (2) renewal options with each renewal being for a one-year period of time. Items

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13, 14, 16, 39, 41, 42, and 45 48 will not be awarded at this time and may be purchased as-needed according to state purchasing law.

Current/PreviousVendor

Current/PreviousPrice

ProposedVendor

ProposedPrice

Difference(+/- frompreviouscontract)

PerformanceCriteria

Voss Lighting /

Summit ElectricSupply

$67,238.47 WESCO

Distribution,Inc.

$67,118.33 -$121.14 Yes

ATTACHMENTS:

Response Summary (PDF)


1001-1942-54101-950 Budget: $11,093.55 Actual: $11,093.551001-0751-55701-500 Budget: $3,863.48 Actual: $3,863.48Purchase orders will be issued on an as-needed basis.

Budget Adjustment/Transfer Required: No


Prepared: 6/20/2011 10:16 AM by Jan BentleyLast Updated: 6/30/2011 09:11 AM by Lana King

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CITY OF IRVING



SECTION I. THAT the Cit

IrvingCC Packet 2011-07-07

Documents

Transcript of IrvingCC Packet 2011-07-07