irvingcc packet 2011-04-21

8/7/2019 IrvingCC Packet 2011-04-21

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AGENDA

MEETING OF THE IRVING CITY COUNCIL

THURSDAY, APRIL 21, 2011

COUNCIL CHAMBER - CIVIC CENTER COMPLEX

825 WEST IRVING BOULEVARD

IRVING, TEXAS

City Council Agenda 04/21/2011 1

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11:00 A.M. -- CITY COUNCIL WORK SESSION -- WEDNESDAY, APRIL 20, 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 Patrick Wooten, Grace Point Church

Pledge Of Allegiance

Proclamations, Announcements, and Special Recognitions

Public Hearing: Items 1 through 24

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 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 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, April 06, 2011

3. Approving regular meeting minutes for Thursday, April 07, 2011

4 Resolution -- Approving an Amendment to the Texas Traffic SafetyProgram Grant Agreement Between the City of Irving and the State ofTexas, Acting by and through the Texas Department of Transportation, fora Selective Traffic Enforcement Program (STEP) Grant

Administrative Comments

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

2. Impact: This grant provides for overtime expenses to increase safety belt usage,increase driver compliance with posted speed limits, and decrease impaired drivingand alcohol-related crashes.

3. This grant was approved by Council on September 18, 2008, and is effective untilSeptember 30, 2011.

4. The Texas Department of Transportation has notified the City of Irving that theState of Texas has reduced the amount of this years grant by 30%. The change tothe grant is listed below:

Original TxDOT reimbursement $128,507.50, Citys match $69,651.38

Proposed TxDOT reimbursement $89,777.50, Citys match $49,099.83Recommendation

The resolution be approved.

5 Resolution -- Approving Partial Settlement - City of Irving and Fred Curtisv. Aetna Fire Underwriters Insurance Company n/k/a Ace Fire UnderwritersInsurance Company, Pacific Employers Insurance Company n/k/a Ace FireUnderwriters Insurance Company, and State National Insurance Company,Inc.


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

2. Impact: Settlement if authorized would resolve the portion of the lawsuit againstAetna Fire Underwriters Insurance Company n/k/a Ace Fire Underwriters InsuranceCompany, Pacific Employers Insurance Company n/k/a Ace Fire UnderwritersInsurance Company and recover city funds disbursed in the settlement of the of thelawsuit styled Donald W. Good v. City of Irving, et al.


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Recommendation


6 Resolution -- Approving an Agreement Between the City of Irving and TheTexas Department of Transportation (TxDOT) for Gateway MonumentSigns


1. This item supports Strategic Goal No. 1: Land Use.

2. Impact: This agreement will authorize TxDOT to construct, at its cost, city gatewaymonument signs along Irving Boulevard in the TxDOT right-of-way with the City ofIrving being responsible for maintenance of the project.

3. In addition to the monument signs, the project will include raised landscape beds,concrete pavers, native grasses, perennials, shade trees and irrigation.

4. Keep Irving Beautiful was instrumental in obtaining construction funding provided byTxDOT in the amount of $310,000.00. The Capital Improvement ProgramDepartment provided design services with no city funds going toward construction.

The citys expenditure was $8,145.00 on installation of water meters.5. The improvements will be located at the eastern end of SH 356, east of Loop 12

and on the western end of SH 356 at Willow Creek Drive.

6. The project has been bid through TxDOT with a low bid of $309,272.17.

7. Installation should start by May 1, 2011.

Recommendation


7 Resolution -- Approving an Agreement between the City of Irving and TheGarland Company, Inc., (dba) Design-Build Solutions, Inc., to Replace theRoof at the Senter Park Recreation Center


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

2. Impact: The project will repair numerous existing leaks in the entire building roof toprevent water damage to the building and gymnasium wood floor. This willeliminate unsafe conditions for visitors of the recreation center.

3. This project is being awarded through the U.S. Communities Cooperative BuyingProgram.

4. The existing membrane roof system is approximately 20 years old and has reachedthe end of the useful life of the roof. The existing metal roof system isapproximately 40 years old.

5. The new roofing system consists of a multi-ply membrane system and weatherproofcoating for the metal roof.


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6. The contract will take effect with approval and provides 90 calendar days tocomplete the work.

7. Funding in the amount of $350,832.00 is available in the Building ImprovementBond Fund.

Recommendation


8 Resolution -- Rejecting Bids for the Hospital District Greenspace Project


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

2. Impact: The rejection of all bids will allow staff to act as the general contractor andpursue the completion of the project within the budgeted amount.

3. All seven bids received were over the budget amount. The low bidder was

approximately $60,000.00 over budget.4. Staff will pursue bidding various parts of the project including concrete work, bridge

installation, irrigation and fencing work through the purchasing procedures.

5. Staffs role as general contractor will save overhead and mark-up of subcontractorbids and make this project feasible within the budgeted funds.

Recommendation


9 Resolution -- Approving an Addendum to an Agreement Between City ofIrving and DART to Reallocate Local Assisting Program Funds to Offsetthe Cost of Construction of Belt Line Grade Separation Project.


1. This item supports Strategic Goal No 9: Infrastructure Network.

2. Impact: This agreement allows for the consolidation of previously approvedunexpended DART LAP funds to redirect to the Belt Line Grade Separation Project.

3. Funds in the amount of $356,785.75 from the MacArthur Oakdale to Hunter FerrellProject and $3,065.00 Un-programmed Fund for a total of $359,850.75 will be

reallocated to Belt Line Grade Separation Project.Recommendation



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10 Resolution -- Approving an Agreement Between the City of Irving andDART to Release Local Assisting Program Funds to Offset the Cost of theHunter Ferrell Improvement Project.


1. This item supports Strategic Goal No. 9: Infrastructure Network.

2. Impact: This will fulfill the City of Irvings obligation for the reconstruction of Hunter

Ferrell Road between MacArthur Boulevard and Belt Line Road.3. Dallas County Commissioners Court awarded the contract on March 1, 2011 and

work is expected begin on May 16, 2011.

4. The contract bid price for the project is $23,514,000.00 with the City of Irving beingresponsible for 49% of the total project cost.

5. In addition to Irvings cost share, Dallas County share of project is $7,647,350.00,Grand Prairie share is $4,187,400.00. City of Irving is responsible for$3,459,950.00, with $8,220,000.00 from the DART LAP funds.

6. City of Irvings additional contract items: City of Irving Water Improvements$689,114.23, Sanitary Sewer Improvement $263,170.69, Sidewalks Landscaping

and Bridge Improvements $206,053.52.

7. Funding in the amount of $1,158,338.44 is available in the Water, Sanitary Sewerand Street Bond funds.

Recommendation


11 Resolution -- Authorizing the Mayor to Sign a Sponsorship AgreementBetween the City of Irving on Behalf of the Irving Convention and Visitors

Bureau (ICVB) and the Salesmanship Club Charitable Golf of Dallas for the2011 HP Byron Nelson Championship


1. This item supports Strategic Goal No. 3: Economic Development.

2. Impact: The sponsorship agreement will provide the ICVB specific opportunities tointeract with clients/customers to promote tourism and the convention and hotelindustry.

3. The agreement includes the Host City Sponsorship, Media Center Co-Sponsorship,and amenities as outlined in the sponsorship agreement. Through its sponsorship,

the City has a very visible part in the tournament including having ICVB staff on-sitein the media room throughout the tournament plus the continued participation byCity dignitaries at the opening and closing ceremonies.

4. Funding in the amount of $179,000.00 is available in the ICVB General Fund.

Recommendation



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12 Resolution -- Approving Amendment No. 3 to the Agreement with HC Beck,Ltd. for Project Management Services Related to the Design andConstruction of the Irving Convention Center


1. This item supports Strategic Goal No. 3: Economic Development; 3.9 Coordinatedevelopment of the Regional Activity District and Entertainment Center.

2. Impact: The agreement has impacted the City of Irving residents through thebuilding of a convention center which is generating additional visitor spending inIrving.

3. City Council Resolution No. 2-21-08-085, the initial award to HC Beck, Ltd. forOwner Representation Services, authorized a total amount of $1.2 million, includingan Incentive Pay Option Provision of $120,000. Even though the Resolutionincluded this amount, the agreement requires the City Council approve thisProvision.

4. As Project Manager, HC Beck, Ltd. has provided services throughout the durationof the project, resulting in early completion of the project, with a cumulative costsavings of almost $24 million from the initial designs cost projections. (Forexample, initial review by Beck of the schematic design determined that the buildingsize as drawn was substantially larger than the programmed square footage, by13%, which was impacting projected costs significantly. It also was Becksrecommendation to advance both the steel and copper awards for the project, wellahead of completed design documents, in order to achieve significant cost and timesavings.)

5. Through Becks efforts in coordinating between the construction firm and the cityinspections team, early beneficial occupancy was achieved for the office spaces onDecember 18, 2010, allowing the Convention and Visitors Bureau to move out of itsoffices ahead of schedule, thus not requiring a costly lease extension. The early

beneficial occupancy was also structured for both key storage and kitchen spacesin the facility, allowing early move-in of labor-intensive storage items and burn-in ofkitchen equipment. The Final Certificate of Occupancy was issued by the City onJanuary 17, 2011, four days ahead of schedule, allowing invaluable additional timeand cost-savings of additional temporary personnel to begin room set-ups inadvance of the State of the City and Zestfest.

6. In addition to the early occupancy delivery, the project was delivered under-budget.This has allowed post-occupancy projects to continue using project savings,including items initially eliminated at closing due to the decreased budget, including:additional accommodations for disabled patrons, a bathroom in the east greenroom, window shades in the caf, the addition of copper to the parking garage and

its repainting, and a security fence to further protect the loading dock area.

7. Additional post-occupancy projects are underway to accommodate specific requestsfrom the Las Colinas Association for the temporary parking lot on the constructionstaging site, and for diffusing the parking garage lighting. As well, the Las ColinasAssociation is working with Beck and the ICVB on potential marquee signageoptions. All of these will be accommodated within project savings and remainingcontingencies, and will still result in the delivery of the final, and now enhancedproject scope, under budget.


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8. Cumulative cost-savings contributions provided by Beck have been reported to theICVB Board of Directors on a monthly basis throughout the project. Reports haveincluded initial budget, value-engineering savings, guaranteed maximum pricebuyout savings, and construction administration savings.

9. The initial proposal received from Beck proposed a higher flat fee for services; citystaff negotiated that contract to a lower base fee, but included an Incentive PayOption Provision of up to $120,000.00, contingent on early completion of the projectwith documented cost savings without sacrificing project scope or quality. A detailedlisting of Becks ongoing value-engineering and cost-savings contributions isattached. This Amendment No. 3 does not change the total amount awarded, but isnecessary to authorize the incentive payment.

10.At their March 24, 2011 meeting, the Destination Development Committee of theICVB Board of Directors by consensus unanimously supported the IncentivePayment for HC Beck, Ltd., as allowed in the agreement.

11.Funding in the amount of $120,000.00 was authorized in Resolution 2-21-08-085and remains available in the Convention Center Fund; the project remains underbudget.

RecommendationThe resolution be approved.

Bid & Purchasing ItemsItems 13 - 19

13 Resolution -- Renewing the Annual Contract with GST Public SafetySupply, for Police Department Uniforms


1. This item supports Strategic Goal No. 4: Safe and Secure City.2. This item has been recommended by Police.

3. Impact: Officers are able to perform their duties more efficiently in a uniform that ismore comfortable and durable.

4. This renewal establishes the continuation of an annual contract to provide policeuniforms. The original contract was awarded on the basis of competitive bids.

5. Funding in the net estimated amount of $220,000.00 for the two-year contractrenewal is available in the General Fund.

Vendor

FY2010-11

Est. Exp.(May Sep)

FY2011-12

Est. Exp.(Oct Sep)

FY2012-13

Est. Exp.(Oct - Apr)

TotalEst. Exp.

GST PublicSafety Supply $55,000.00 $110,000.00 $55,000.00 $220,000.00

Recommendation



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14 Resolution -- Approving the Purchase from Sam Packs Five Star Ford forTwo Ford F-250 X 3/4 Ton Pickup Trucks with Chassis Mount AnimalControl Units through the State of Texas Procurement Support Services(TPASS)



2. This item has been recommended by Police/Animal Services Department3. Impact: Purchasing the listed vehicles will replace high mileage vehicles, reducing

maintenance costs and the down time. Higher mileage vehicles become a safetyhazard for animals, animal service officers, Irvings residents, and visitors.

4. This purchase is for two 2011 Ton Ford Pickup Trucks with Animal TransportUnits. This is a budgeted replacement for city tag #17010, a 2001 Chevy truck; andcity tag #17012, a 2001 F250 truck; which are being retired due to age and historyof maintenance repair costs as per the city equipment replacement policy. Thispurchasing utilizes Texas Procurement and Support Services (TPASS) 072-A1.

5. Funding in the net amount of $109,394.46 is available in the Equipment

Replacement Fund.Vendor

(one time purchase)Vehicle 1

Total AmountVehicle 2

Total Amount Total Expenditure

Sam Packs Five StarFord

$54,697.23 $54,697.23 $109,394.46

Recommendation


15 Resolution -- Renewing the Annual Contract with LifeProtectionMaintenance & Consulting, Inc., for Monitoring, Maintenance, andInspection of Alarm Systems



2. This item has been recommended by Capital Improvement Program, Parks &Recreation, Water Utilities, Solid Waste Services, and Irving Arts Center.

3. Impact: This service protects city employees and buildings by ensuring the properoperation and monitoring of fire and burglar alarms.

4. This renewal establishes the continuation of an annual contract to provide alarmservices which include alarm monitoring, maintenance, inspection and services.The original contract was awarded on the basis of competitive bids.

5. Funding in the net estimated annual amount of $149,280.00 for this two-yearcontract renewal and is available in the General Fund, Irving Arts General Fund,and Water & Sewer System Fund, subject to funds being appropriated in FiscalYears 2011-12 and 2012-13.


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Recommendation


16 Resolution -- Renewing the Annual Contract to ACS Government SystemsInc., for Banner Software Maintenance


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

2. This item has been recommended by Information Technology.

3. Impact: The citys financial, human resources, and payroll systems are providedthrough Banner software. Maintenance of Banner software is necessary for supportof the citys financial, human resources, and payroll systems.

4. This renewal establishes continuation of a sole source annual contract to provideBanner software maintenance. The original contract was awarded on the basis ofcompetitive bids.

5. Funding in the net amount of $238,910.52, split into $59,727.63 per year for the

four- year period, is available in the General Fund.Vendor FY 2011-12

ExpenditureFY 2012-13Expenditure

FY 2013-14Expenditure

FY 2014-15Expenditure

TotalExpenditure

AffiliatedComputerServices,

Inc.

$59,727.63 $59,727.63 $59,727.63 $59,727.63 $238,910.52

Recommendation


Vendor FY2010-11June 1, 2011-Sept. 30,2011

FutureFY2011-2012Oct 1, 2011 Sept. 30, 2012

FutureFY2012-2013Oct. 1, 2012 May 31, 2013

Total Estimated2 Years

Expenditure

LifeProtectionMaintenance &

Consulting

Incorporated

$35,070.00 $74,640.00 $39,570.00 $149,280.00


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17 Resolution -- Approving and Accepting the Bid from DataWorks Plus, LLC,for Photo Management System Software



2. This items has been recommended by Information Technology.

3. Impact: The DataWorks Plus software provides the ability to implement an efficient,easy to use, standardized system to download pictures captured for imageryevidence from a variety of crime scenes, by over 200 officers and ensure availabilityfor tracking and viewing. The software enables storage and electronic sharing ofdigital images in universally accepted formats (i.e., jpegs, mpegs, etc.) withoutrequiring proprietary software conversions.

4. The vendor will provide standard maintenance for the term of the contract.

5. A review committee evaluated all proposals and DataWorks received the highestscore for this best-value bid package.

6. Funding in the amount of $67,100.00 is available in the Local Law Enforcement

Block Grant Fund.

Vendor FY 2010-11 Expenditure Total Expenditure

DataWorks Plus, LLC $67,100.00 $67,100.00

Recommendation


18 Resolution -- Approving the Leases with Xerox for Replacement CopiersUtilizing the Cooperative Purchasing Network (TCPN) Program


1. This item supports Strategic Goals No. 8: Sound Governance and No. 10:Environmentally Sustainable Community.

2. This item has been recommended by Information Technology.

3. Impact: These leased replacement copiers will provide the city with moretechnically advanced products at an estimated annual cost avoidance of $230,000.This contract will decrease electrical consumption, and minimize waste, while

reducing expenditures.4. After an extensive evaluation process, Information Technology standardized the

citys copiers by selecting Xerox as the manufacturer and establishing the citysstandard copier replacements. The city will continue leasing copiers using a 50-month lease option to avoid upfront purchase costs and recurring maintenancecosts.


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5. The city currently has over 300 print devices and 72 leased copiers of which 32leases have expired or will be expiring this upcoming fiscal year. The remainingcopiers will be replaced with the standard units using the best pricing availablethrough the cooperative purchase program of each lease expires.

6. Information Technology and Xerox worked closely with individual departments todetermine each departments specific needs and selected the appropriate optionsthat best fit those needs.

7 All replacement units will have the Image Overwrite Security package option toensure the integrity of sensitive data.

8. The city also participates in Xeroxs Recycling program for returning/recycling usedtoner and print cartridges.

9. Funding in the net estimated annual amount of $434,628.00 for a total of$1,810,950.00 for a 50-month lease contract is available in various funds.

Vendor FY 2010-11(May 2011-Sept 2011)

FutureFY 2011-12(Oct 2011-

Sept 2012)


Sept 2013)


Sept 2014)


June 2015)

Total EstAmount

XeroxInc.

$181,095.00 $434,628.00 $434,628.00 $434,628.00 $325,971.00 $1,810,950

Recommendation


19 Resolution -- Approving and Accepting the Bid from Ruiz ProtectiveServices, Inc., for Security Service at Irving Arts Center


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

2. This item has been recommended by Irving Arts Center.

3. Impact: This service provides a safe environment for residents, city staff, visitorsand the artifacts during the Genghis Khan Exhibit.

4. The contract provides security services at the Irving Arts Center. This contract is forthe Genghis Khan Exhibition to be held at the Irving Arts Center from May 18, 2011to October 11, 2011. Two security officers will be onsite 24 hours per day for theduration of the exhibit.

5. In order to provide these security services in-house it would be necessary to hireadditional security staff at the current starting rate of $15.39 an hour for the total of7,056 hours. Therefore, by contracting for these security services at $10.91 anhour the city will avoid at least $31,611.00.

6. Minority- and/or Women-owned Business (M/WBE) participation of this award is100%.


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7. Funding in the net estimated amount of $76,981.00 is available in the Irving ArtsCenter Genghis Khan General Fund.

VendorFY2010-11

Est. Exp. (May Oct)(current FY)

TotalEst. Exp.

Ruiz ProtectionServices, Inc $76,981.00 $76,981.00

Recommendation


End of Bids

20 Ordinance -- Authorizing the Abandonment of a Portion of a Public UtilityEasement on Block 25, Eighth Installment of the Northgate West AdditionLocated at 3501 N. MacArthur Boulevard

Administrative Comments1. This item supports Strategic Goal No. 3: Economic Development.

2. Impact: This abandonment will allow for redevelopment of the property with a newSenior Care Facility.

3. The partial abandonment of the public utility easement will allow the placement ofthe building closer to the property line to allow room for the parking as well asaccommodating the new larger building.

4. The requirements of the City of Irving have been satisfied and there are noobjections to the request.

Recommendation

The ordinance be adopted.


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ZONING CASES AND COMPANION ITEMS

21 Ordinance -- Amending the Comprehensive Plan to Change theRecommended Land Use from Retail to Light Commercial and Granting S-P-2 (Generalized Site Plan) for Retail and Mini-Warehouse with Caretaker'sQuarters Uses in Zoning Case #ZC10-0050 - Approximately 7.2 Acres

Located on the Southwest Corner of State Highway 161 and Walnut HillLane - Assured Group, Applicant - Don Valk, Owner (Postponed fromMarch 24, 2011)



2. Planning and Zoning Commission Hearing Date and Recommendation: January 3,2011 Favorable, 5-2 (Commissioners Fischer, Zapanta, nay; CommissionersAllen, Palmer, absent), with the stipulation that all required trees on Walnut Hill beincluded in Phase 1, and that no Certificate of Occupancy be granted for a Phase 1mini-storage building until the Phase 1 retail is constructed.

3. The applicant is requesting a Comprehensive Plan Amendment and zoning changeto allow retail and mini-warehouse uses.

4. The Comprehensive Plans Future Land Use Map recommends Retailuses for thisproperty. This request is not in conformance with the Comprehensive Plan. Theapplicant has provided a request to revise the land use to allow Commercialuses toallow mini-warehouse uses. The applicant has not provided justification why mini-warehouse uses are appropriate for this area; rather, the applicant simply states whythey believe retail has a limited viability at this location.

5. The subject tract is currently undeveloped. It is bounded on three sides by WalnutHill Lane, Northstar Drive, and State Highway 161. The property is adjacent to anexisting office development to the south. The property is within the Airport/StateHighway 161 Overlay District. The applicant is proposing a Generalized Site Plan forC-N Neighborhood Commercial uses with the additional use of mini-warehouse witha caretakers quarters. The applicant was asked to provide a concept plan withlandscaping and elevations.

6. The applicant is proposing 73,900 sq. ft. of mini-warehouse space in nine buildings,with an office and caretakers quarters. An additional 24,200 sq. ft. of retail space isproposed, fronting on Walnut Hill and SH 161 that will allow retail, restaurant, oroffice uses. This retail area was provided at the recommendation of staff to create amore mixed-use development. However, only 6000 sq. ft. of retail is shown in Phase1, and there is no guarantee that Phase 2 will ever be built.

7. The applicant was asked to provide an example of a development of theirs thatincluded at least 15,000 square feet of retail as a component of the project, as thisrequest does. The applicant was unable to provide evidence of a similar retail andmini-warehouse development among the 21 Dallas/Fort Worth area locations theapplicant operates. Staff believes that this amount of retail will be not be completedby the applicant, and the project will remain simply a mini-warehouse development.


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8. The applicant is providing 15 spaces for the mini-warehouse for Phase I or onespace per 4900 sq. ft. This has been an acceptable ratio of parking provided for self-storage uses previously. The applicant is also providing 122 spaces for retail uses.37 of those spaces are proposed in Phase 1; 85 of those spaces will not be includeduntil Phase 2 is developed.

9. The applicant must comply with the Citys landscaping ordinances for propertyfronting on State Highway 161 and Walnut Hill. Phase 1 landscaping will consist of

all required landscaping along the SH 161 frontage and the corner of SH 161 andWalnut Hill. The applicant is proposing planting the required trees in the interiorparkway on Walnut Hill for Phase 1. Required screening shrubs for parking onWalnut Hill will be provided at the time of Phase 2 development.

10. The applicant also must comply with the Airport/State Highway 161 Overlay districtrequirements for building materials. Elevations provided show architecture with twomasonry materials and building articulation that complies with the overlay district.

11. The applicant has been asked to provide a right turn lane from east-bound WalnutHill onto the 161 frontage road as part of the access to the site on the east side.

The property was platted in 2007 and a right turn lane was not required at thattime. The State of Texas may require a traffic impact analysis as part of thisdevelopment, due to the fact that the new proposed driveway operation on SH 161will change by the additional traffic generated by this proposed development. It ispossible that the new traffic generated by this development will exceed thedriveway volume threshold that will require this developer to dedicate andconstruct a right-turn lane. However, this is a TxDOT requirement, and staff hasprovided this information to the applicant for his reference. The applicant is notincluding a right turn lane as part of this proposal.

12. Staff cannot support mini-warehouse uses as a component of the development atthis location. Staff believes office and retail uses are more appropriate for thismajor intersection, as indicated by the Comprehensive Plan. It is important to notethat the site plan is divided into two phases. Only one retail building is included inPhase 1. The majority of the retail area is included in Phase 2, and with no timetable for the complete retail development, it is possible that Phase 2 may never bebuilt. Staff cannot support mini-warehouse uses at a major intersection andgateway on SH 161, or as a compatible land use adjacent to office uses and anyfuture highway development.

13. The stipulation of the Planning and Zoning Commission has been met.

14. Notices were mailed to thirty-eight (38) property owners within 200 feet of the

subject property, with no letters received in support, one (1) letter of inquiry andthree (3) notices received in opposition. The opposition represents 24.8% of theproperty within 200 feet. A vote of the City Council is required to approve thisrequest.

15. This item was postponed from February 17, 2011 and March 24, 2011 per theapplicants request.


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Recommendation

The request be denied.

22 Ordinance -- Zoning Case #ZC11-0004 - Granting S-P-2 (Generalized SitePlan) for R-MF-2 (Multifamily) Uses, and Approving Multifamily ConceptPlan MF11-0001 - Approximately 12.21 Acres Located on the North Side ofSpur 348, West of Riverside Drive - Womack + Hamption, Applicant -Lincoln Northwest Phase 2, LP, Owner



2. Planning and Zoning Commission Hearing Date and Recommendation: April 4,2011 Favorable, with the stipulation that handicap be changed to accessiblein General Note #20 and #23, and in the summary, and the spelling of minimumin General Note #31 be corrected, by a vote of 7-0 (Commissioners Fischer andWebb, absent).

3. The applicant is requesting a zoning change to allow a 274-unit multifamilydevelopment.

4. The Comprehensive Plans Future Land Use Map recommends Multiple Family,High Density Residentialuses for this property. This request is in conformance withthe Comprehensive Plan.

5. The subject tract was zoned as part of a Transit Oriented Development in 2007.That zoning case divided the property into two phases, and divided each phase intotwo zoning classifications. Each phase allowed a four-story TOD building with 355units in each building with a central parking garage in the interior of the site, and S-P-2 for R-MF-2 development along the outer portion of each phase for a total of 978

units at a density of 35.9 units per acre at build-out. Phase 1 was completely built-out for both the TOD and R-MF-2 sections of the development.

6. As a TOD development, these units do not count toward the unit cap for newmultifamily constructed outside the Urban Center. Since these units are proposed tobe removed from the TOD, the Phase 2 units will count against the multifamily capin the remainder of the city. A total of 274 units will be added, making a total of 2710units of the 4326 units allocated to the rest of the city.

7. Phase 2 has not been developed. The applicant is requesting to rezone anddevelop the TOD-zoned portion of Phase 2 identically to the existing multifamilyportion of Phase 1. This would create a total of 274 units in Phase 2, or 22.6

dwellings units per acre. The central parking garage has been removed from thesite plan in favor of individual unit garages and tandem parking spaces. A pool isalso provided. The new proposed multifamily will be designed to function and blendwith the previously proposed multifamily units to create a unified development. Therequired open space and child play area will remain the same.


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8. The applicant is proposing the following variances to the multifamily developmentstandards:

a The maximum density for R-MF-2 is 18 units per acre. 22.6 units per acre isproposed. This is a reduction from the currently approved density of 34.8%.

b. Minimum end to end building separation must be 30 feet or greater. End to endseparation of 27 8 proposed.

c.. Maximum of 10 parking spaces between 8 foot landscaped islands. Maximum of12 spaces proposed.

d. Buildings shall not exceed 200 feet in length. A maximum length of 285 feetproposed.

e. Maximum height of structures is three stories or 36 feet. Maximum height of 42feet proposed.

f. Minimum 12 foot landscape area adjacent to building. Landscape areas to varyas shown on the plan.

g. Minimum linear drive adjacent to parking limited to 250 feet. Drive lengths tovary as shown on the plan.

The variances to the maximum building height, maximum building length, and lineardrive length were previously allowed on the outer portions of Phase 2, as part of theoriginal zoning case, and are consistent with other higher-density designs asopposed to garden-style multifamily development.

9. The proposed new buildings use the same brick and stone materials as the existingapartments of Phase 1, with peaked tile roofs and gables.

10.Staff can support this request as a reduction in the density of this development. Thereduced height allows this property to be a buffer between the single family on thenorth side of the lake and the Urban Center to the south. The variances proposedwill blend the two sites together for circulation and amenities. Given the walkingdistances to the nearest station site, staff believes the proposed reduction in densityis appropriate.

11.Public comments forms were sent to fourteen (14) property owners with four (4)responses in favor and none in opposition received.

Recommendation

The ordinance be adopted per the recommendation of the Planning and ZoningCommission.

APPOINTMENTS AND REPORTS23 Mayors Report

24 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

Apr il 6, 2011

The Irving City Council met in work session April 6, 2011 at approximately 11:25 a.m. Thefollowing members were present/absent:

Attendee Name Organization Title Status Arrived

Herbert Gears Irving City Council Mayor AbsentAllan Meagher Irving City Council Councilman PresentLewis Patrick Irving City Council Councilman PresentRick Stopfer Irving City Council Councilman PresentGerald Farris Irving City Council Councilman PresentJoe Philipp Irving City Council Councilman PresentRose Cannaday Irving City Council Councilwoman Late 11:25 AMRoy Santoscoy Irving City Council Councilman PresentMike Gallaway Irving City Council Councilman Absent

DISCUSSION TOPIC

1 Review of Regular Agenda

7 Ordinance -- Providing for the Issuance and Sale of City of Irving, Texas, HotelOccupancy Tax Revenue Refunding Bonds, Taxable Series 2011, in theAggregate Principal Amount of $23,880,000; Approving and Authorizing theExecution and Delivery of a Bond Purchase Agreement, and a PayingAgent/Registrar Agreement; and Prescribing Other Matters with RespectThereto

Max Duplant, Chief Financial Officer, described the proposed refundingordinance to restructure the entertainment venue debt noting this change will

reduce the required funds held by the Trustee.

Chris Janning, Financial Advisor with First Southwest Company, and RobbCollins, Bond Counsel with Vinson & Elkins LLC, clarified the terms of therefinancing.

Councilman Philipp requested additional language be added to the ordinancerequiring any additional funds, not already under current obligation, come backto Council for authorization. The Council agreed with this request.

Charles Anderson, City Attorney, confirmed that the new language will be

drafted and distributed to Council before the Thursday Council meeting.


8 Ordinance -- Zoning Case #ZC10-0042 - Granting S-P-2 (Generalized Site Plan)for R-6 (Single Family) Uses - Approximately 20.15 Acres Located South of BeltLine Road and East of North Lake Road - Signagepoint Properties, LLC,Applicant.

Ken Bloom, Chief Planner, presented the applicants request. Staff recommends

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approval of this request.

9 Ordinance -- Zoning Case #ZC11-0011 - Granting S-P-1 (Detailed Site Plan) forR-AB (Restaurant with Alcoholic Beverages) - Approximately 2.47 AcresLocated at 525 Meadow Creek Drive - Sfuzzi, LC II, LLC, Applicant/Owner

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

APPOINTMENTS AND REPORTS

10 Mayors Report

The mayor did not have a report at todays meeting.

Council recessed at approximately 1:51p.m.

Council reconvened at approximately 2:30 p.m.

2 Current Budget Update

Bret Starr, Budget Administrator, presented an update on the Citys budget; noting $20million had to be offset for revenue shortfalls and there was approximately $24 millionin expenditure increases. The budget has continually been rebalanced to offset coststhrough expenditures and revenue adjustments. Council requested a projection of whatthe budget might look like over a five-year forecast. It was also asked that the CIP planbe linked to this forecast.

3 Public Safety Update

Larry Boyd, Police Chief, gave an overview on the Citys public safety initiatives, notingthe importance of collaborative partnerships which have helped the City continue toreduce the crime rate for the past six years. His presentation also highlighted resultsregarding substandard multi-family properties, Fire/EMS services and Animal Services.

4 Home Rehabilitation Program

Chris Hooper, Housing & Human Services Director, reviewed the Citys housingrehabilitation program. His presentation also included a video of City employees

participation in the Great Days of Service event.

5 Infrastructure Review

Brenda Haney, Solid Waste Services Director, presented an update on infrastructureprojects. Her presentation included an overview of the current infrastructure investmentthroughout the City.

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6 Irving Boulevard Improvements

Kevin Kass, Advanced Planning Manager, described the completed improvementsalong Irving Boulevard. He also showed a video that highlighted some of the major

redevelopment projects in the area.

Councilman Stopfer and Councilman Santoscoy spoke to the background and historyof the Heritage District Project.

EXECUTIVE SESSION

Council convened into executive session pursuant to Section 551.071 of the Texas LocalGovernment Code at approximately 3:33 p.m.

7 Personnel - Presiding Judge

Texas Open Meetings Act 551.074

8 Personnel - Municipal Court JudgeTexas Open Meetings Act 551.074

Council reconvened from executive session at approximately 4:21 p.m.

Council adjourned at approximately 4:21 p.m.

___________________________Herbert A. Gears, Mayor

ATTEST:

______________________Shanae Jennings, TRMCCity Secretary

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REGULAR MEETING OF THE IRVING CITY COUNCILMEETING MINUTES

April 7, 2011

The City Council met in regular session in the Council Chambers of the City HallComplex on Thursday, April 7, 2011 at approximately 7:10 p.m. The following memberswere present / absent:

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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 PresentGerald Farris Irving City Council Councilman PresentJoe Philipp Irving City Council Councilman PresentRose Cannaday Irving City Council Councilwoman PresentRoy Santoscoy Irving City Council Councilman Present

Mike Gallaway Irving City Council Councilman Present:

ORGANIZATIONAL SERVICE ANNOUNCEMENTS

Eleanor Bell, Irving Heritage Society President, announced three events scheduled forApril honoring women in Irving history.

INVOCATION

The invocation was delivered by Pastor Brian Hale, North Irving Baptist Church of theCity Of Irving, Texas.

PLEDGE OF ALLEGIANCE

Councilman Patrick led those present in the pledge.

PROCLAMATIONS AND ANNOUNCEMENTS

Mayor Pro Tem Rose Cannaday presented certificates to the winners of the GangPrevention poster contest sponsored by the Irving Police Department Gang Unit andthe Irving Independent School District Fine Arts Department.

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City Council MeetingApril 07, 2011

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CITY COUNCIL AGENDA

City Operations Update

Bradley Perrier, Strategic Resources Director, presented a video on current cityoperations and a video on improvements along Irving Boulevard.

Tommy Gonzalez, City Manager, gave an overview of improvements the City has madein the past five years; these improvements include Animal Services, Fleet Services andwater quality. He also announced that the City of Irving has received the 2011 TexasAward for Performance Excellence.

CONSENT AGENDA

Motioned by Councilman Stopfer seconded by Councilman Santoscoy to approve consent

agenda items 2-6, and pull item 7 for discussion.Motion approved 8-0

2 Approving Minutes forWednesday, March 23, 2011

RESULT: ACCEPTED [UNANIMOUS]

MOVER: Rick Stopfer, Councilman

SECONDER: Roy Santoscoy, Councilman

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

ABSENT: Herbert Gears

3 Approving Minutes for Thursday,March 24, 2011

RESULT: ACCEPTED [UNANIMOUS]





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4 Resolution No. RES-2011-90 -- Approving the Reappointment of Dr. WillisStarnes to Serve as the Local Health Authority and Approving anAgreement Between the City of Irving and Willis Starnes, M.D., Ph.D., forHealth Authority Services for a Two (2) Year Period Beginning November 1,2010, at a Fee of $500.00 Per Month Including Expenses

RESULT: ADOPTED [UNANIMOUS]





5 Resolution No. RES-2011-91 -- Ratification of Lawsuit Filed Against AetnaFire Underwriters Insurance Company n/k/a Ace Fire UnderwritersInsurance Company, Pacific Employers Insurance Company n/k/a Ace FireUnderwriters Insurance Company, and State National Insurance Company,Inc.






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6 Resolution No. RES-2011-92 -- Approving Five Discretionary ServiceAgreements Between the City of Irving and Oncor Electric DeliveryCompany, LLC, for the Riverside Drive Project






7 Ordinance No. ORD-2011-9248 -- Providing for the Issuance and Sale of City

of Irving, Texas, Hotel Occupancy Tax Revenue Refunding Bonds, TaxableSeries 2011, in the Aggregate Principal Amount of $23,880,000; Approvingand Authorizing the Execution and Delivery of a Bond PurchaseAgreement, and a Paying Agent/Registrar Agreement; and PrescribingOther Matters with Respect Thereto

Max Duplant, Chief Financial Officer, and Chris Janning, Financial Advisor withFirst Southwest Company, gave an overview of the proposed restructuring andrefunding of the Hotel Occupancy Tax Revenue Bonds.

The following individual(s) signed up to speak in favor of this item:

Meredith Bolger, 2808 N. Britain

The following individual(s) signed up to speak in opposition of this item:Doug Harper, 1117 S. Delaware St.Nancy Wilson, 2911 Bryn MawrKensley Stewart, 3916 Tacoma St.Joe Mapes, 504 N. Main St, Euless TX

Motioned by Councilman Stopfer seconded by Councilman Meagher, to approvethe Ordinance -- Providing for the Issuance and Sale of City of Irving, Texas,Hotel Occupancy Tax Revenue Refunding Bonds, Taxable Series 2011, in the

Aggregate Principal Amount of $23,880,000; Approving and Authorizing theExecution and Delivery of a Bond Purchase Agreement, and a PayingAgent/Registrar Agreement; and Prescribing Other Matters with Respect Thereto

Motion approved 5-3Councilmen Philipp, Gallaway and Farris voted in opposition.

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RESULT: ADOPTED [5 TO 3]


SECONDER: Allan Meagher, Councilman

AYES: Meagher, Patrick, Stopfer, Cannaday, Santoscoy

NAYS: Gerald Farris, Joe Philipp, Mike Gallaway



8 Ordinance No. ORD-2011-9249 -- Zoning Case #ZC10-0042 - Granting S-P-2(Generalized Site Plan) for R-6 (Single Family) Uses - Approximately 20.15Acres Located South of Belt Line Road and East of North Lake Road -Signagepoint Properties, LLC, Applicant.

Mayor Pro Tem Cannaday opened the public hearing at approximately 8:45 p.m.

Sharon Barbosa Crain, 2608 Alan-a-dale, representative for the applicant,described the proposed single family development.

Mayor Pro Tem Cannaday closed the public hearing at approximately 8:46 p.m.

Motioned by Councilman Patrick seconded by Councilman Meagher, to approveZoning Case #ZC10-0042 - Granting S-P-2 (Generalized Site Plan) for R-6(Single Family) Uses - Approximately 20.15 Acres Located South of Belt LineRoad and East of North Lake Road - Signagepoint Properties, LLC, Applicant.

Motion approved 8-0.


MOVER: Lewis Patrick, Councilman

SECONDER: Allan Meagher, Councilman



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9 Ordinance No. ORD-2011-9250 -- Zoning Case #ZC11-0011 - Granting S-P-1(Detailed Site Plan) for R-AB (Restaurant with Alcoholic Beverages) -Approximately 2.47 Acres Located at 525 Meadow Creek Drive - Sfuzzi, LCII, LLC, Applicant/Owner

Mayor Pro Tem Cannaday opened the public hearing at approximately 8:50 p.m.

Robert Colombo, 2828 Hood Street, Dallas, TX, Managing member of Sfuzzi,described the proposed restaurant plan.

Mayor Pro Tem Cannaday closed the public hearing at approximately 8:53 p.m.

Motioned by Councilman Santoscoy seconded by Councilman Philipp, toapprove Zoning Case #ZC11-0011 - Granting S-P-1 (Detailed Site Plan) for R-AB(Restaurant with Alcoholic Beverages) - Approximately 2.47 Acres Located at525 Meadow Creek Drive - Sfuzzi, LC II, LLC, Applicant/Owner.

Motion approved 8-0.


MOVER: Roy Santoscoy, Councilman

SECONDER: Joe Philipp, Councilman



APPOINTMENTS AND REPORTS

10 Mayors Report

There was no Mayors Report given at this meeting.

11 Adjournment

The meeting adjourned at approximately 9:00 p.m.

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7

Citizens Forum

John Fitschen, 3418 N. Belt Line- Mr. Fitschen suggested promoting and increasingvolunteering and mentoring throughout the City.

Joe Mapes, 504 N. Main St, Euless, TX- Mr. Mapes spoke about the importance of the

town hall meeting process and requested budget documents be presented before thepublic hearing opportunities.

___________________________Herbert A. Gears, Mayor

ATTEST:

______________________

Shanae Jennings, TRMCCity Secretary

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AGENDA ITEM SUMMARY

Meeting: 4/21/2011 DOC ID: 3909Recommending Department: Police LSR No: 12282

Resolution -- Approving an Amendment to the Texas Traffic Safety

Program Grant Agreement Between the City of Irving and the State ofTexas, Acting by and through the Texas Department of Transportation, fora Selective Traffic Enforcement Program (STEP) Grant



2. Impact: This grant provides for overtime expenses to increase safety belt usage,increase driver compliance with posted speed limits, and decrease impaired drivingand alcohol-related crashes.

3. This grant was approved by Council on September 18, 2008, and is effective untilSeptember 30, 2011.

4. The Texas Department of Transportation has notified the City of Irving that theState of Texas has reduced the amount of this years grant by 30%. The change tothe grant is listed below:

Original TxDOT reimbursement $128,507.50, Citys match $69,651.38

Proposed TxDOT reimbursement $89,777.50, Citys match $49,099.83

Recommendation


ADDITIONAL COMMENTS:

Contract Required: Yes Review Completed By: Jennifer Richie

Previous Action: Resolution 2008-422 Council Action: Approved

ATTACHMENTS:

RES: Step Grant Amendment (PDF)

CURRENT YEAR FINANCIAL IMPACT:

None

REVISION INFORMATION:

Prepared: 4/15/2011 08:48 AM by Darlene JenkinsLast Updated: 4/15/2011 09:05 AM by Darlene Jenkins

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CITY OF IRVING

COUNCIL RESOLUTION NO. (ID # 3909)

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

SECTION I. THAT the City Council hereby approves the attached amendment to the Texas Traffic

Safety Program Grant Agreement between the City of Irving and the State of Texas,

acting by and through the Texas Department of Transportation, for a Selective Traffic

Enforcement Program (STEP) grant to be used to reimburse the City for salaries and

travel expenses through September 30, 2011, 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 April 21, 2011.

________________________________

HERBERT A. GEARS

MAYOR

ATTEST:

_______________________________Shanae Jennings

Acting City Secretary

APPROVED AS TO FORM:

_______________________________

Charles R. Anderson

City Attorney

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Texas Traffic Safety eGrantsFiscal Year 2009

Organization Name: City of IrvingLegal Name: City of IrvingPayee Identification Number: 17560005666011Project Title: STEP 2009 ComprehensiveID: 2009-Irving-S-MYG-Yrl-01 17Period: 10/01/2008 to 09/30/2009

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Attachment:RES:StepGrantAmendment(3909:04STEPGrantAmendment)


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City of IrvingSTEP 2009 ComprehensiveTEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT

AmendmentTHE STATE OF TEXASTHE COUNTY OF TRAVIS

THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and throughthe Texas Department of Transportation, hereinafter called the Department and t he , C ityof Irving hereinafter called the Subgrantee, and becomes effective then fully executed byboth parties. Fo r the purpose of this agreement, the Subgrantee is designated as a(n)Local Government.

AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Ac t of 1967, andthe Highway Safety Performance Plan for the Fiscal Year 2009.Project Title: STEP 2009 Comprehensive

Grant Period: This Grant becomes effective on 1010112008 or on the date of final signatureof both parties, whichever is later, and ends on 0913012011 unless terminated or otherwisemodified.Total Awarded: $454,795.09Amount Eligible for Reimbursement: $346,792.50Match Amount: $108,002.59

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City of IrvingSTEP 2009 Comprehensive

AmendmentThe signatory of the Subgrantee hereby represents and warrants that she/he is an officerof the organization for which she/he has executed this agreement and that she/he has fulland complete authority to enter into this agreement on behalf of the organization.

By:

THE SUBGRANTEE THE STATE OF TEXAS

[Authorized Signature]

Executed for the Executive Director andApproved for the Texas TransportationCommission for the purpose and effect ofactivating and/or carrying out orders,established policies or work programsapproved and authorized by the TexasTransportation CommissionBy:[District Engineer Texas Department ofTransportation]

[Name]

[Title]

Date:Under the authority of Ordinance orResolution Number (for local government):(If Applicable)

[Resolution Number]

[ N ame]

[Title]

Date:By:Director, Traffic OperationsDivision TexasDepartment of Transportation (Not requiredfor local project grants under $100,000.00)Date:

TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT

City of Irving[Legal Name of Agency]

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Program Element Se lectionYEAR LONG

X DWI DWI: Driving While Intoxicated[ Speed Speed: Speed Enforcementrx OP OP: Occupant Protection (Safety Belt and Child Safety Seat)r ITC ITC: Intersection Traffic Con trolWAVE

Jurisdiction wide (DWI enforcement effor t must be focused at locationsDWI where there is an over-representation of alcohol-related crashes and/orDWI arrests)Jurisdiction wide (Speed enforcement should be focused on areas where[ Speed there is at least a 50% noncompliance with the posted speed lim its and/ora higher number of speed-related crashes)

fl OP Jurisdiction wide

CMV[ CMV: Commercial Motor Veh icle; HMV: Hazardous Moving Violat ions

Note: If a OWl component is selected above, an SFST letter is no longer requiredto be submitted with the proposal.

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General Information

Project Title STEP 2009 ComprehensiveHow many years has your organization received

Th is will be ou r second earfundingforthis project?

Project Director Name Stephan Granberry

Organization Address 5992 Riverside DriveIrving, TX 75039

Mailing Address

Multi Year Proposal Selection

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City of Irv ingSTEP 2009 Comprehensive

unless otherwise expressly provided by law.N. If applicable, it will comply with Chapter 551 of the Texas Government Code, whichrequires all regular, special, or called meetings of governmental bodies to be opento the public, except as otherwise provided by law or specifically permitted in theTexas Constitution.ARTICLE 3. COMPENSATION

A. The method of payment for th is Agreement will be based on actual costs incurredup to and no t to exceed the limits specified in the Project Budget. The amountincluded in the Project Budget will be deemed to be an estimate only and a higheramount can be reimbursed, subject to the conditions specified in paragraph Bhereunder. If the Project Budget specifies that costs are based on a specific rate,per-unit cost, or other method of payment, reimbursement will be based on thespecified method.B. All payments will be made in accordance with the Project Budget.

The Subgrantees expenditures may overrun a budget category (I, II, or Ill) in theapproved Project Budget without a grant (budget) amendment, as long as theoverrun does no t exceed a total of five (5) percent per year of the maximum amounteligible for reimbursement (TxDOT) in the attached Project Budget for the currentfisc al year. This overrun must be off-set by an equivalent underrun elsewhere in theProject Budget.If the overrun is five (5) percent or less, the Subgrantee must provide writtennot ificatio n to the Department, through the TxDOT Electronic Grants ManagementSystem (eGrants) messaging system, prio r to the Request for Reimbursement beingapproved. The no tific ation must indicate the amount, the percent over, and thespecific reason(s) for the overrun.Any overrun of more than five (5) percent of the amount elig ible for reimbursement(TxDOT) in the attached Project Budget requires an amendment of this GrantAgreement.The maximum amount eligible for reimbursement shall not be increased above theGrand Total TxDOT Amount in the approved Project Budget, unless this GrantAgreement is amended, as described in Article 5 of this Agreement.For Selective Traffic Enforcement Program (STEP) grants only: In the ProjectBudget, Subgrantees are no t allowed to use underrun funds from the TxDOTamount of (100) Salaries, Subcategories A, Enforcement, or B, PI&E Activ ities, toexceed the TxDOT amount liste d in Subcategory C, Other. Also, Subgrantees areno t a llowed to use underrun funds from the TxDOT amount of (100) Salaries,Subcategories A, Enforcement, or C, Other, to exceed the TxDOT amount lis tedin Subcategory B, Pl&E Ac tivities. The TxDOT amount for Subcategory B, PI&EActivities, or C, Other, can only be exceeded within the 5 percent flexibility, with


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City of Irv ingSTEP 2009 Comprehensiveoverruns, or high unit costs.The Subgrantee shall submit the Final Performance Report through eGrants within thirty(30) days after comple tion of the grant.The Subgrantee shall promptly advise the Department in writing, through eGrantsmessaging, of events that will have a significant impact upon thi s Agreement, including:

A. Problems, delays, or adverse conditions , including a change of project director orother changes in Subgrantee personnel, that will materially affect the ability to atta inobjectives and performance measures, prevent the meeting of tim e schedules andobjectives, or preclude the attainment of project objectives or performancemeasures by the established time periods. This disclosure shall be accompanied bya statement of the ac tion taken or contemplated and any Department or federalassistance needed to resolve the situation.B. Favorable developments or events that enable meeting time schedules andobjectives sooner than anticipated or achieving greater performance measureoutput than originally projected.ARTICLE 8. RECORDSThe Subgrantee agrees to maintain all reports, documents, papers, accounting records,books, and other evidence pertaining to costs incurred and work performed hereunder,(hereinafter called the records), and sha ll make such records available at its office for thetime period authorized within the Grant Pe riod, as specified in this Grant Agreement. TheSubgrantee further agrees to retain said records for four (4) years from the date of finalpayment under this Agreement, until completion of all aud its, or until pending litiga tion hasbeen completely and fully resolved, whichever occurs last.Duly authorized representatives of the Department, the USDOT, the Office of the InspectorGeneral, Texas State Auditor, and the Comptroller General sha ll have access to therecords. Th is right of access is not limited to the fou r (4) year period bu t shall last as longas the records are retained.ARTICLE 9. INDEMNIFICATIONTo the extent permitted by law, the Subgrantee, if other than a government entity , shallind emn ify , hold , and save harmless the Department and its officers and employees from allcla ims and liability due to the acts or omissions of the Subgrantee, its agents, oremployees. The Subgrantee also agrees, to the extent permitted by law, to indemnify,hold, and save harmless the Department from any and all expenses, including bu t no tlimited to attorney fees, all court costs and awards for damages incurred by theDepartment in litigat ion or otherwise resisting such cla ims or liabi lities as a result of anyac tivities of the Subgrantee, its agents, or employees.Fur ther , to the extent pe rmitted by law, the Subgrantee, if other than a government entity,agrees to protect, indem nify , and save harmless the Department from and against all

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claims, demands, and causes of ac tion of every kind and character brought by anyemployee of the Subgrantee against the Department due to personal in jur ies or death tosuch employee resulting from any alleged negligent act, by either commission or om issionon the part of the Subgrantee.If the Subgrantee is a government entity, bo th parties to this Agreement agree that noparty is an agent, servant, or employee of the other party and each party agrees it isresponsible for its individual acts and deeds, as well as the acts and deeds of itscontractors, employees, representatives, and agents.AR TICLE 10 . DISPUTES AND REM ED IESThis Agreement supercedes any prior ora l or writ ten agreements. If a conflict arisesbetween this Agreement and the Traffic Safety Program Manual, this Agreement shallgovern.The Subgrantee shall be responsible for the settlement of all contractual and administrativeissues aris ing ou t of procurement made by the Subgrantee in support of Agreement work.Disputes concerning performance or payment sha ll be submitted to the Department forsettlement, with the Executive Directo r or his or her designee acting as final referee.ARTICLE 11. TERMINATIONThis Agreement sha ll remain in effect until the Subgrantee has satisfactorily completed allservices and obligations described he rein and these have been accepted by theDepartment, unless:

This Agreement is terminated in writing with the mu tual consent of both pa rties; or There is a written thirty (30) day not ice by either party; or The Department determines that the performance of the project is not in the bestinterest of the Department and informs the Subgrantee that the project is terminatedimmed iately.

The Department sha ll compensate the Subgrantee for only those eligible expensesincurred during the Grant Period specified in this Grant Agreement which are directlyattributable to the completed portion of the work covered by this Agreement, provided thatthe work has been completed in a manner satisfactory and acceptable to the Department.The Subgrantee shall not incur nor be reimbursed for any new obligations after theef fec tive date of termination.AR TICLE 12 . INSPECTION OF WORKThe Department and, when federal funds are involved, the US DOT, or any authorizedrepresentative thereof, have the right at all reasonable times to inspect or otherwiseevaluate the work performed or be ing performed hereunder and the premises in which it isbeing performed.

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City of Irv ingSTEP 2009 ComprehensiveIf any inspection or evaluation is made on the premises of the Subgrantee or itssubcontractor, the Subgrantee shall provide and require its subcontractor to provide allreasonable facil ities and assistance for the safety and convenience of the inspectors in theperformance of their duties. All inspections and evaluations shall be performed in such amanner as will not u nduly delay the wo rk.ARTICLE 13 . AUD ITThe Subgrantee shall comply with the requirements of the Single Audit Ac t of 1984, Publ icLaw (PL) 98-502, ensuring that the single audit report includes the coverage stipulated in0MB Circular A-i 33, Audits of States, Local Governments, and Other Non -Pro fitOrganizations.The state auditor may conduct an audit or investigation of any en tity receiving funds fromthe state dire ctly under this Agreement or indi rec tly through a subcontract under thisAgreement. Acceptance of funds direc tly under this Agreement or indirectly through asubcontract under this Agreement acts as acceptance of the authority of the State Aud itor,under the direction of the legislative audit committee, to conduct an audit or investigation inconnection with those funds. An entity that is the subject of an audit or investigation mustprovide the state auditor with access to any information the state auditor considers relevantto the investigation or audit.ARTICLE 14 . SUBCONTRACTSA subcontract in excess of $25,000 may not be executed by the Subgrantee without priorwr itten concurrence by the Department. Subcontracts in excess of $25,000 shall contain allapplicable terms and conditions of this Agreement. No subcontract will relieve theSubgrantee of its responsibility under th is Agreement.ARTICLE 15. GRATUITIESTexas Transportation Commission policy mandates that employees of the Departmentshall no t accept any benefit, gift, or favor from any person doing business with or who ,reasonably speaking, may do business with the Department under this Agreement. Theonly exceptions allowed are ordinary business lunches and items that have received theadvanced written approval of the Departments Executive Direc tor.Any person doing business with or who reasonably speaking may do business with theDepartment under this Agreement may not make any offer of benefits, gifts, or favors toDepartment employees, except as mentioned here above. Fa ilure on the part of theSubgrantee to adhere to this policy may result in termination of th is Agreement.ARTICLE 16 . NONCOLLUSIONThe Subgrantee warrants that it has not employed or retained any company or person,other than a bona fide employee working solely for the Subgrantee, to solicit or secure thisAgreement, and that it has not paid or agreed to pay any company or person, other than a


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bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any otherconsideration contingent upon or resulting from the award or making of this Agreement. Ifthe Subgrantee breaches or violates this warranty, the Department shall have the right toannul this Agreement without liability or, in its discretion, to deduct from the Agreementprice or consideration, or otherwise recover the full amount of such fee, commission,brokerage fee, contingent fee, or gift.

ARTICLE 17. CO NF LIC T OF INTERESTThe Subgrantee represents that it or its employees have no conf lict of interest that would inany way interfere with its or its employees performance or whic h in any way conflicts withthe interests of the Department. The Subgrantee sh all exercise reasonable care anddiligence to prevent any actions or conditions that co uld result in a conf lict with theDepartments interests.ARTICLE 18 . SUBGRANTEES RESOURCESThe Subgrantee certifies that it presently has adequate qualified personnel in itsemployment to perform the work required under th is Agreement, or will be able to obtainsuch personnel from sources other than the Department.All employees of the Subgrantee shall have such knowledge and experience as will enablethem to perform the duties assigned to them. Any employee of the Subgrantee who, in theopinion of the Department, is incompetent or whose conduct becomes detrimental to thework, shall immediately be removed from association with the project.Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies,and other resources required to perform the wo rk.ARTICLE 19 . PROCUREMENT AND PROPERTY MANAGEMENTThe Subgrantee sha ll establish and administer a system to procure, contro l, protect,preserve, use, maintain, and dispose of any property furnished to it by the Department orpurchased pursuant to this Agreement in accordance with its ow n property managementprocedures, provided that the procedures are not in conflict with the Departments propertymanagement procedures or property management standards and federal standards, asappropriate, in:

49 CFR , Part 18, Uniform Administrative Requirements for Grants and CooperativeAgreements to State and Local Governments, or 49 CFR , Part 19(0MB Circular A-liD), Uniform Administrative Requirements forGrants and Agreements with Institutions of H ig her Education, Hospitals, and OtherNonprofit Organizations.

ARTICLE 20 . OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY


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City of Irv ingSTEP 2009 Comprehensive

Failur e to carry ou t the requirements set forth above shall constitute a breach of thisAgreement and, after the notification of the Department, may result in termination of thi sAgreement by the Department, or other such remedy as the Department deemsappropriate.ARTICLE 24 . DEBARMENTISUSPENSION

A. The Subgrantee certif ies, to the best of its knowledge and belief, that it and itspri nci pa Is :1. Are not presently debarred, suspended, proposed for debarment, declaredineligible or voluntarily excluded from covered transactions by any federaldepartment or agency;2. Have not within a three (3) year period preceding this Agreement beenconvicted of or had a civil judgment rendered against them for commission offraud or a criminal offense in connection with obtaining, attempting to ob tain,or performing a federal, state, or local public transaction or contract under apublic transaction; violation of federal or state antitrust statutes; orcommission of embezzlement, theft , forgery, bribery , falsi fica tion ordestruction of records, making false statements, or receiving stolen property ;3. Are not presently indicted or otherwise criminally or civilly charged by afederal, state, or loca l governmental entity with commission of any of theoffenses enumerated in paragraph A. 2. of this Art icle; and4. Have not, within a three (3) year perio d preceding this Agreement, had oneor more federal, state, or local public transactions terminated for cause orde fault.

B. Where the Subgrantee is unable to certify to any of the statements in this Art icle,such Subgrantee shall attach an explanation to this Agreement.C. The Subgrantee is proh ibite d from making any award or permitt ing any award at anytier to any party whic h is debarred or suspended or otherwise excluded from orine ligible for part icipa tion in federal assistance programs under Ex ecutive Order12549 , Debarment and Suspension.D. The Subgrantee shall require any party to a subcontract or purchase order awardedunder this Grant Agreement to certify its eligibility to receive federal grant funds,and, when requested by the Department, to furnish a copy of the certification .

ARTICLE 25 . LOBBYING CERTIFICATIONThe Subgrantee certifies to the best of his or her knowledge and be lie f that:A. No federally appropriated funds have been paid or will be paid by or on behalf of the

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City of Irv ingSTEP 2009 ComprehensiveSubgrantee to any person for inf luencing or attempting to influence an offi ce r oremployee of any federal agency, a Member of Congress, an office r or employee ofCongress, or an employee of a Member of Congress in connection with theawarding of any federal contract, the making of any federal grant, the making of anyfederal loan, the entering into of any cooperative agreement, and the extension,continuation, renewal, amendment, or modification of any federal contract, grant,loan, or cooperative agreement.

B. If any funds other than federal appropriated funds have been paid or will be pa id toany person for influencing or attempting to influence an office r or employee of anyfederal agency, a Member of Congress, an officer or employee of Congress, or anemployee of a Member of Congress in connection with this federal contract, grant,loa n, or cooperative agreement, the party to this Agreement shall complete andsubmit Standard Form - LLL, D isclosur e Form to Report Lobbying, in accordancewith its instructions.C. The Subgrantee shall require that the language of th is certification be included inthe award documents for all subawards at all tiers (including subcontracts) and thatall subrecipients sha ll certify and disclose accordingly.

This certificat ion is a material representation of fact upon wh ich reliance was placed whenthis transaction was made or entered into. Submission of this certificat ion is a prerequisitefor making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.Any person who fails to file the required certificat ion shall be subject to a civil penalty of notless than $10,000 and no t mo re than $100,000 for each such failure.ARTICLE 26. CHILD SUPPORT STATEMENTUnless the Subgrantee is a governmental or non-profit entity, the Subgrantee certifi es thatit either will go to the Departments website noted below and complete the Child SupportStatement or already has a Child Support Statement on file with the Department. TheSubgrantee is responsible for keeping the Child Support Statement current and on file withthat office for the duration of this Agreement period. The Subgrantee further cer tifies thatthe Chi ld Support Statement on file contains the child support informatio n for theindividuals or business entities named in this grant. Unde r Section 231 .006, Family Code,the Subgrantee certifies that the individual or business entity named in this Agreement isnot ineligible to receive the specified grant or payment and acknowledges that thisAgreement may be terminated and payment may be withheld if this cert ifica tion isinaccurate.The form for the Child Support Statement is available on the Internet at:http :/lwww.dot. state .tx. us/cso/default. htm.


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City of IrvingSTEP 2009 ComprehensiveRESPONSIBILITIES OF THE SUBGRANTEE:

A. Carry out all performance measures established in the grant, inclu ding fulfilling the lawenforcement objectives by implem enting the Operational Plan contained in this GrantAgreement.B. Submit all required reports to the Department (TxDOT) fully completed with the mostcurrent information, and within the requ ired tim es, as defined in Article 3 and Article 7 ofthe General Terms and Cond itions of this Grant Agreement. This includes rep orting to theDepartment on progress, achievements, and problems in mon thly Performance Reportsand attaching necessary source documentation to support all costs claimed in Requestsfor Reimbursement (RFR ).C. Attend Department-approved grant management training .D. Attend meetings according to the following :1. The Department will arrange for meetings with the Subgrantee to present status ofactivities and to discuss problems and the schedule for the following quarters work.2. The project director or other appropriate qualified persons will be available to representthe Subgrantee at meetings requested by the Department.E. Support grant enforcement efforts with public information and education (PI&E)activi tie s. Salaries being cla imed for Pl&E activ iti es must be included in the budget.F. When applicable, all newly developed Pl&E materials must be submitted to theDepartment for written approval, through the TxDOT Electronic Grants ManagementSystem (eGrants) system messaging, prior to final production. Refer to the Traffic SafetyProgram Manua l regarding Pl&E procedures.G. For out of state trave l expenses to be reimbursable, the Subgrantee must haveobtained the written approval of the Department, through eGrants system messaging, priorto the beginn ing of the trip. Grant approval does not satisfy this requirement. ForDepartment district-managed grants, the Subgrantee must have obtained writ tenDepartment district approval, through eGrants system messaging, for trave l and relatedexpenses if outside of the distric t boundaries.H. Ma intain verification that all expenses, including wages or salaries, for whichreimbursement is requested is for work exclu sively related to this projec t.I. Ensure that this grant will in no way supplant (replace) funds from other sources.Supplanting refers to the use of federal funds to support personnel or any activi ty alreadysupported by local or state funds.J. Ensure that each officer working on the STEP project will complete an officers daily


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report form. The form should include at a minimum: name, date, badge or identificationnumber, type of grant worked, grant site number, mileage (inc luding starting and endingmileage), hours worked, type of citation issued or arrest made, officer and supervisorsignatures.K. Ensure that no of fic er above the rank of Lieutenant (or equivalent title) will bereimbursed for enforcement du ty, unless the Subgrantee received specific writtenauthorization from the Department, through eGrants system messaging, prior to incurringcosts.L. Subgrantee may work additional STEP enforcement hours on holidays or special eventsno t covered under the Operational Plan . Howe ver , additional work must be approved inwriting by the Department, through eGrants system messaging, prior to enforcement.Addi tiona l hours must be reported in the Performance Report for the tim e period for whichthe additional hours were worked.M. If an officer makes a STEP-related arrest during the shift, but does not complete thearrest before the sh ift is scheduled to end, the office r can continue working under the grantto complete that arrest.N. Subgrantees with a tra ffic unit will utilize traffic personnel for th is grant, unless suchpersonnel are unavailable for assignment.0. Prior to conducting speed enforcement, the Subgrantee must select and surveyenforcement sites that com ply with existing state mandated speed limits in accordancewith the Texas Transportation Code, Sections 545.352 through 545.356.P. Of ficers assigned to speed sites should be trained in the use of radar or laser speedmeasurement devices.Q. The Subgrantee should have a safety belt use policy. If the Subgrantee does no t have asafety bel t use policy in place, a policy should be implemented, and a copy maintained forverificatio n during the grant year.R. Officers working DWI enforcement must be trained in the National Highway TrafficSafety Administration/International Association of Chiefs of Police Standardized FieldSobriety Testing (SFST). In the case of a first year subgrantee, the officers must betrained, or scheduled to be SFST trained, by the end of the grant year. For second orsubsequent year grants, all officers working DWI enforcement must be SFST trained.S. The Subgrantee should have a procedure in place for contacting and using drugrecognition experts (DREs) when necessary.T. The Subgrantee is encouraged to use the DWI On-line Reporting System availablethrough the Buckle Up Texas Web site at www.buckleuptexas.com.


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RESPONSIBILITIES OF THE DEPARTMENT:

A. Monitor the Subgrantees compliance with the performance obligations and fiscalrequirements of this Grant Agreement using appropriate and necessary monitoring andinspections, including but no t limited to: review of periodic reports physical inspection of project records and supporting documentation telephone conversations e-mails and letters quarterly review meetings eGrants system messaging

B. Provide program management and technical assistance.C. Attend appropriate meetings.D. Reimburse the Subgrantee for all el igible costs as defined in the project budget.Requests for Reimbursement will be processed up to the maximum amount payable asindicated in the project budget.E. Perform an administrative review of the project at the close of the grant period to:

Ascertain whether or not the project objectives were met Review project accomplishments (performance measures completed, targetsachieved) Document any progress towards self-sufficiency Account for any approved Program Income earned and expended Identify exemplary performance or best practices

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Goals and ObjectivesGoaI To increase effective enforcement and adjudication of traffic safety-relatedlaw s to reduce fata l and serious injury crashesStrategies: Increase enforcement of traffic safety-related laws.

Increase pu bl ic education and informa tion campaigns.Goal: To reduce the number of DWI-related crashes, inju rie s, and fatalitiesStrategy: Increase enforcement of DWI law s.Goal: To increase occupant restraint use in all passenger vehicles and trucksStrategy: Increase enforcement of occupant protection law s.X I agree to the above goals and strategies.

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