IrvingCC Agenda 2010-08-05

8/9/2019 IrvingCC Agenda 2010-08-05

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FINAL AGENDA

MEETING OF THE IRVING CITY COUNCIL

THURSDAY, AUGUST 5, 2010

COUNCIL CHAMBER - CIVIC CENTER COMPLEX

825 WEST IRVING BOULEVARD

IRVING, TEXAS

City Council Agenda 08/5/2010 1

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11:00 A.M. -- CITY COUNCIL WORK SESSION -- WEDNESDAY, AUGUST 4, 2010-- 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

Diana Rohrback, Bahai Faith of IrvingPledge Of Allegiance

Proclamations And Announcements

Announcements And Recognitions

Public Hearing: Items 1 through 41

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 Special Meeting Minutes for Tuesday, July 20, 2010

3 Approving Work Session Minutes for Wednesday, July 21, 2010

4 Approving Regular Meeting Minutes for Thursday, July 22, 2010

5 Resolution -- Approving an Interlocal Agreement for Security and PeaceOfficer Services Between the City of Irving and the Irving IndependentSchool District (IISD) to Maintain the School Resource Officer Program atIISD Campuses

Administrative Comments

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

2. Impact: This agreement will provide security and peace officer services to protectIISD property and the safety and welfare of IISD students and personnel.

3. This is an annual agreement which takes effect August 1, 2010, and will continuefor additional one-year terms until terminated by either party, but not before August1, 2011.

4. The Irving Independent School District shall pay the City 50% of the costs for theSchool Resource Officers salaries, retirement, health insurance, workers

compensation insurance, and unemployment insurance estimated at $749,360.00.5. Payments will be in three equal payments as compensation due on December 1,

April 1, and August 1 in each year which this agreement is effective.

Recommendation

The resolution be approved.


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6 Resolution -- Approving an Interlocal Agreement for Security and PeaceOfficer Services Between the City of Irving and the Carrollton-FarmersBranch Independent School District (C-FBISD) to Maintain the SchoolResource Officer Program at C-FBISD Campuses Located in the City ofIrving

Administrative Comments1. This item supports Strategic Goal No. 4: Safe and Secure City.

2. Impact: This agreement will provide security and peace officer services to protectC-FBISD property and the safety and welfare of C-FBISD students and personnel.

3. This is an annual agreement which takes effect August 1, 2010, and will continuefor additional one-year terms until terminated by either party, but not before August1, 2011.

4. One (1) School Resource Officer (SRO) will be assigned to Barbara Bush MiddleSchool, and one (1) SRO will be assigned to Ranchview High School.

5. C-FBISD shall be responsible for 50% of the costs for the SROs salary, retirement,health insurance, life insurance, Medicare, workers compensation insurance, andunemployment insurance estimated at $86,792.00.

6. Payment shall be made in full before November 15, 2010.

Recommendation


7 Resolution -- Authorizing the Mayor to Execute an Amendment to theInterlocal Participation Agreement between the City of Irving and PublicEmployee Benefits Alliance to Participate in Retiree Medical Insurance,Approved by Irving City Council Resolution No. 1-5-07-033.


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

2. Impact: This amendment establishes that the agreement shall be automaticallyrenewed annually for additional one-year terms without the necessity of any actionby the parties other than the payment of the appropriate dues and fees.

3. Funding is not to exceed $1,500 for the period of October 1 through September 30each renewal year and is available in the General Fund.

Recommendation



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8 Resolution -- Approving Reimbursement Application for Early RetireeReinsurance Program of the Department of Health and Human Servicesand Authorizing the Mayor to Execute any Necessary Documents Relatedto the Program and if Approved by Health and Human Services AcceptsFunds.



2. Impact: Authorization of the Early Retirement Reinsurance Program applicationwould allow the City of Irving to receive up to $1,850,000.00 over two years inreimbursement for certain medical claims incurred by retirees age 55 and older whoare not eligible for Medicare.

3. The funds from the program will be used to offset increases in health benefits costs.

Recommendation


9 Resolution -- Approving an Economic Incentive Agreement Between theCity of Irving, Texas and Texas Wasatch Insurance Services, LP


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

2. Impact: Approval of this agreement will allow the City to gain the corporateheadquarters for Texas Wasatch Insurance Services, LP (TWG) employingapproximately 240full-time jobs.

3. TWG is a full-service property and casualty insurance agency that is relocating theircorporate headquarters from another city to Irving. TWG will relocateapproximately

90 employees and create approximately 150 new jobs at 100 E. Royal Lane inIrving.

4. The agreement provides a one-time job credit of $240 for a minimum of 50employees up to a maximum of 166 full-time employees establishing residency inIrving for a continuous 3-year period. The 3-year continuous residency requirementmust be met during the 5-year term of this agreement. The maximum amount ofthe one-time grant is $39,840.

5. In lieu of the job credit attached to the residency requirement, TWG may elect a$100 job credit up to a maximum of 200 new jobs created or relocated in Irving.The maximum amount of this grant is $20,000.

6. The agreement also provides a 5-year, 30% property tax rebate of taxes paid onpersonal property if the taxable assessed value is at least $1,000,000 over theJanuary 1, 2010 certified values. The approximate value of the rebate is $8,109over 5-years.


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7. TWG must maintain the following minimum criteria during the 5-year term of thisagreement to qualify for the grants and rebates: Occupy at least 23,000 square feet,employ at least 200 full-time jobs with an average annual salary of at least $50,000before benefits and become an investor in the Irving Economic DevelopmentPartnership ($3,000 annual commitment during term of agreement).

Recommendation


10 Resolution -- Nominating Health Management Systems, Inc. to the Office ofthe Governor, Economic Development and Tourism through the EconomicDevelopment Bank for Designation as a Qualified Business and anEnterprise Project Under the Texas Enterprise Zone Act, Chapter 2303,

Texas Government CodeAdministrative Comments


2. Impact: Nomination of Health Management Systems, Inc. for participation in theTexas Enterprise Zone Program will support capital improvements to the buildingowned by HMS located at 5615 Highpoint Drive.

3. The Texas Enterprise Zone Act allows a governing body to nominate projects withinits jurisdiction to the Office of the Governor for incentives provided by the State ofTexas.

4. HMS is currently consolidating and expanding operations in Irving to include theretention of the existing 671 employees in Irving and the creation of 350 newpositions with an average annual salary of $61,000. HMS will also investapproximately $7.9 million in furniture, fixtures and network systems.

5. Benefits received from the State Enterprise Zone Program will support HMSsexpansions and retention efforts.

Recommendation



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11 Resolution -- Approving Settlement of a Lawsuit with Shin Ho Sam KimD/B/A Texas Lunch Box and Purchase of Property Located at 1923 SenterRoad


1. This item supports Strategic Goals No. 2: Vibrant Neighborhoods and No. 8: SoundGovernance.

2. Impact: The Settlement Agreement, if authorized, would resolve the lawsuit andfacilitate the Citys purchase of the property located at 1923 Senter Road.

3. In response to citizen complaints, the Code Enforcement Department beganfocusing on the building located at 1923 Senter Road in early 2007.

4. In September 2007, the Building and Standards Commission ordered the demolitionof the building, and the owner appealed the order to district court and included theCity as a defendant. The case has been litigated in state and federal court.

5. Settlement of this lawsuit was on the Council agenda on February 7, 2008, andMay 28, 2009, for $225,000 but was rejected by the City Council on May 28, 2009.

6. If approved by Council, the City would settle this lawsuit for $155,000, enter into a

purchase and sale agreement with the current owner, and if the environmentalassessment is satisfactory and all of the requirements of the purchase and saleagreement are met, purchase the property. The City also would pay the closingcosts and costs for an environmental survey.

7. For the settlement, funding in the amount of $80,000.00 is available fromCommunity Development Block Grants and $75,000.00 is available in the non-BondCIP Fund. For the closing costs in the amount of $5,000.00 and the costs of theenvironmental study in the amount of $8,000.00, funding is available fromCommunity Development Block Grants.

Recommendation



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12 Resolution -- Approving First Amendment to Option Agreement withKiamichi Railroad Company, L.L.C., and Approving the Extension of theOption for an Additional Two Years


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

2. Impact: This agreement amends City of Irvings option to purchase land rights inthe existing railroad right-of-way.

3. On December 11, 2008, the City of Irving entered into an option agreement with theKiamichi Railroad Company, L.L.C., to acquire an interest in the railroad right-of-way for the purpose of constructing and operating an approximately seven footdiameter water conveyance pipeline.

4. The parties extended the first option period to September 1, 2010. Thisamendment would allow the City of Irving to extend the option for an additional twoyear period for $100,000.00.

5. Funding in the amount of $100,000.00 for the Option Extension is available in theWater Improvement Bond Fund.

Recommendation


13 Resolution -- Authorizing the Mayor to Execute a Second Amended andRestated Entertainment Center Development Agreement with Las Colinas

Group, LPAdministrative Comments


2. Impact: Approval of the second amended and restated development agreement willfacilitate the financing and construction of the Irving Entertainment Center at LasColinas.

3. This document does not change the basic premise of the development agreementthat Las Colinas Group, LP, is responsible for the planning, design, constructionand operation of the Irving Entertainment Center.


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4. This document amends the development agreement to reflect the currentconditions, including:

(i) recognizes the current Concessionaire entities

(ii) recognizes the current Live Nation booking agreement with the concessionaire

(iii) conforms to the current financing program:

City construction contribution is the amount of net bond proceeds funded byBrimer 2% HOT Revenues, Brimer parking and admission tax revenues,state HOT, mixed beverage and sales tax generated in the venue and citymixed beverage and sales tax generated in the venue, rent and additionalrent from the venue tenant, with a subordinate pledge of the Citys 7% HOT

City contribution cap increased from $120,000,000 to $200,000,000

Bonds must obtain one of the four highest long term rating categories

Deletes references to Incremental Funding.

Recommendation


14 Resolution -- Authorizing the Mayor to Execute a Second Amended andRestated Entertainment Center Lease Agreement with Las Colinas Group,LP



2. Impact: Approval of the second amended and restated lease will establish terms forthe operation of the Irving Entertainment Center at Las Colinas.

3. This document amends the lease of the entertainment center to provide:

(i) Following the first two twenty-five year terms, the fixed rent will be revised to thethen fair market rental rate for the next renewal, but not less than $1,000,000 peryear.

(ii) Minimum number of performance days in the performance hall is increased from150 to 200.

(iii) Addition of an annual Tenant expenditure of $4,000,000 for free music,

promotions and giveaway.(iv) Method for the Tenant or Concessionaire to finance and encumber personalproperty such as kitchen fixtures, and create a financing reserve equal to 12 monthsprincipal and interest on that financing.

(v) Revisions to conform to the current financing program, anticipated revenues andfederal tax issues.

Recommendation



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15 Resolution -- Approving an Agreement Between the City of Irving andHillCo Partners for Legislative Services


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

2. Impact: HillCo Partners will work with staff to advance the Citys legislative agendaincluding protecting city revenue, blocking unfunded mandates and infringements onsovereign immunity, and enhancing our code enforcement and public safetycapabilities.

3. HillCo Partners will assist in preparing city officials who testify before the TexasLegislature.

4. HillCo Partners will assist in the passage of legislative initiatives that are proposed andidentified by staff, and monitor and track legislation that impacts Irvings interestsduring the regular session and any called special sessions.

5. HillCo Partners will also provide analysis and tracking of legislative actions and

decisions which could have an effect on Irvings legislative strategies.6. As directed by staff, HillCo Partners will monitor, by attendance, at meetings and

otherwise, state legislative and regulatory bodies considering legislation and/orrulemaking which would impact Irvings legislative affairs objectives and interests.

7. Funding in the amount of $86,700.00 per annum for two years is available in theGeneral Fund.

Recommendation


16 Resolution -- Change Order No. 6 to the Construction Management at Risk(CMAR) Contract Between Austin Commercial, L.P., and the City of Irving,Texas for 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 project plan for the convention center has maintained line items forboth contractor and owner contingencies. There is a constant evaluation and re-

evaluation process of key elements throughout the project; as savings can beimplemented they are, and as project enhancements are needed for operationalimprovements, those are implemented as well. This impacts the buildingsoperating efficiency, as well as satisfies user requirements.

3. The Beck Group, the Citys Owners Representative for the project, has reviewedthis project change order and is recommending approval by the City. It isanticipated that there will be additional change orders to the agreement prior to theprojects completion and that the net impact of all of these will remain within theoverall project budget.


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4. The scope of work of this change order includes the following additions: PC 102 metal enclosures and base material added to three columns in the first level pre-function area - $8,804.00; PC 124 add electrical outlets to coordinate with monitorlocations - $2,417.00; PC 130 add drip troughs and floor sinks in kitchen area atthe request of the Department of Health - $9,945.00; PC 132 add chase walls andfur-outs to conceal piping in office areas - $1,181.00; PC 134 additional moistureprotection at exterior wall penetrations in 10 locations - $945.00; PC 145 Addselect electrical circuits to the building network control system - $32,002.00; PC 146

modifications to the mechanical supply fan and control damper schedules -$4,164.00; PC 147 revisions to garage signage package - $1,166.00; PC 148 revisions to interior signage package - $3,499.00; and PC 152 add 34 A/V riggingpoints to the fourth level ballroom ceiling to add greater flexibility for room setup andstage placement - $45,795.00. Total additions: $109,918.00.

5. The scope of work of this change order includes the following deductions: PC 88 changes to beverage distribution system at the request of operators main chef -($982.00); PC 111 reduction in the quantity of fudge and syrup warmers neededin the concession areas - ($1,801.00); PC 127 dimensional modifications made tothe restroom areas affecting wall thicknesses - ($3,475.00); PC 131 modificationsto exterior signage package - ($33,731.00); PC 133 eliminate single mode fiber atthe recommendation of the technology consultant - ($11,221.00); PC 136 removefloor drains in walk-in coolers at the request of the Department of Health -($8,564.00); and PC 142 revise wood ceiling reveals on the third level -($7,469.00). Total deductions: ($67,243.00).

6. These revisions will add a net total of $42,675.00 to the contract GMP (guaranteedmaximum price). This is within the project budget owners contingency and theoverall project budget will not be exceeded.

7. The net impact of change orders 6 and 7 is $8,247.00. As a result of these changeorders, the owners contingency balance will be $923,954.00. The contractorscontingency balance remains at $1,289,933.00. (The contingency balances include

all change order adjustments to date being approved.)

8. Funding in the amount of $42,675.00 is available in the Convention CenterConstruction Bond Fund.

Recommendation



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17 Resolution -- Change Order No. 7 to the Construction Management at Risk(CMAR) Contract Between Austin Commercial, L.P., and the City of Irving,Texas for the Irving Convention Center


1. This item supports Strategic Goal No. 3: Economic Development; 3.9 Coordinate

development of the Regional Activity District and Entertainment Center.

2. Impact: The project plan for the convention center has maintained line items forboth contract and owner contingencies. There is a constant evaluation and re-evaluation process of key elements throughout the project; as savings can beimplemented they are, and as project enhancements are needed for operationalimprovements, those are implemented as well. This impacts the buildingsoperating efficiency, as well as satisfies user requirements.

3. The Beck Group, the Citys Owners Representative for the project, has reviewedthis project change order and is recommending approval by the City. It isanticipated that there will be additional change orders to the agreement prior to the

projects completion and that the net impact of all of these will remain within theoverall project budget.

4. The scope of work of this change order includes the following additions: PC 140 add a mechanical room to the food/beverage support room #202 as requested bythe Department of Health - $19,046.00; PC 156 add a hand washing sink tofood/beverage support room #202 as requested by the Department of Health -$7,671.00; PC 157 add additional data cabling to the project for the computernetwork at the request of the owner and the operator - $25,645.00; PC 158 increase power to the food service equipment at the design teams request -$1,764.00; PC 164 add 4 stainless steel strip around door jambs in the exhibithall for a better finish detail at the request of the architect - $2,942.00; PC 165 add

stainless steel storage baskets and shelving in the kitchen at the request of the foodservice consultant - $4,286.00; PC 173 make adjustments to door hardware at therequest of the building operator - $10,493.00; and PC 175 modify HVAC dampersand add access panel in concession areas and restrooms per designer teamsrequest - $15,053.00. Total additions: $86,900.00

5. The scope of work of this change order includes the following deductions: PC 166 change one LCD monitor from 32 to 21 and miscellaneous millwork details perthe architects request - ($42.00); PC 171 move power supply boxes in exhibit hallto a higher elevation per building operators suggestion - ($16,214.00); PC 174 delete specific 10 wide metal soffits that cannot be seen, serve no functional

purpose, and are difficult to install - ($48,830.00); PC 176 modify the cornerdetails for the CMU work - ($1,665.00); PC 183 modify CMU insulationspecification to provide an easier installation method - ($3,453.00); and PC 185 delete vertical moisture barrier at select paving areas as recommended by thegeotechnical engineer - ($51,124.00). Total deductions: ($121,328.00)

6. These revisions will result in a net reduction of ($34,428.00) to the contract GMP(guaranteed maximum price). This is within the project budget owners contingencyand the overall project budget will not be exceeded.


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7. The net impact of change orders 6 and 7 is $8,247.00. As a result of these changeorders, the owners contingency balance will be $923,954.00. The contractorscontingency will be $1,289,933.00. (The contingency balances include all changeorder adjustments to date being approved.)

8. Funding in the amount of ($34,428.00) is available in the Convention CenterConstruction Bond Fund.

Recommendation

The resolution be approved.Bids and Purchasing Items

Items 18 - 35

18 Resolution -- Renewing Annual Contracts with GT Distributors, Inc., forPolice Ammunition



2. This item has been recommended by Police.

3. Impact: This contract provides the ammunition for firearms used by police officersto carry while on-duty, to conduct training, and for required qualification.

4. This renewal establishes the continuation of annual contracts to provide ammunitionfor patrol officers and tactical personnel. The original contracts were awarded onthe basis of competitive bids.

5. GT Distributors continues to deliver ammunition in a timely manner in spite ofincreased shortages during wartime, and their pricing remains competitive.

6. The annual estimated amount will be $186,000.00 for these one-year contracts, and

funding will be available in the General Fund.

Vendor Item(s) Est. AwardGT Distributors, Inc., Patrol Ammunition 1-3, 6-9, 11-16 $ 82,099.00GT Distributors, Inc., Tactical Ammunition 1-5 $103,901.00

Total Amount $186,000.00

Recommendation



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19 Resolution -- Approving Purchase from Waukesha-Pearce Industries, Inc.,for a Standby/Emergency Generator for the Criminal Justice Centerthrough the Houston-Galveston Area Council of Governments (H-GAC)Interlocal Cooperative Purchasing Program


1. This item supports Strategic Goals No. 4: Safe and Secure City and 10:Environmentally Sustainable Community.

2. This item has been recommended by Police Emergency Management.

3. Impact: The Criminal Justice Center will have a highly reliable, right-sizedgenerator system to provide emergency electrical power when needed to maintainnormal operations, which will result in an overall reduction in operating costs,increased dependability, and cleaner air.

4. The Generac bi-fuel generator system is the same system that is installed at theCivic Center and offers a number of advantages over conventional systems byoperating as a diesel engine with natural gas augmentation, which will result inlower emissions, lower fuel consumption, and will require a much lower fuel storagecapacity to provide 72 hours run time.

5. Funding in the net amount of $159,964.00 is available in the 2008 Urban AreaSecurity Initiative (UASI) Grant Fund.

Recommendation


20 Resolution -- Renewing the Annual Contract with IESI TX Corporation forthe Sale of Capacity at the Hunter Ferrell Landfill


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

2. This item has been recommended by Solid Waste Services.

3. Impact: This service provides revenue to the City and helps to improve operationalefficiency of the landfill by maintaining the ratio of trash to cover soil at an optimallevel with no increase in manpower or equipment, or decrease in the landfill lifebeyond normal usage. Revenue rate was increased by a 5% escalation factor perthe terms of the contract.

4. This renewal establishes the continuation of an annual contract to provide for thesale of capacity at the Hunter Ferrell Landfill at $15.71 per ton. The originalcontract was awarded on the basis of competitive bids.

5. Revenue in the net estimated annual amount of $1,570,800.00 will be deposited inthe Solid Waste Enterprise Fund.

Recommendation



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21 Resolution -- Approving and Accepting the Bid of Adcon Signs, Inc., forthe Fabrication and Installation of Wayfinding Signs


1. This item supports Strategic Goals No. 3: Economic Development, No. 4: Safe andSecure City, No. 9: Infrastructure Network, and No. 10: Environmentally SustainableCommunity.

2. This item has been recommended by Intergovernmental Services - Public Worksand Transportation.

3. Impact: These 29 custom designed and architecturally enhanced signs will providewayfinding guidance to resident and visitor motorists to selected venues ofparticular relevance to Super Bowl XLV.

4. These signs will provide direction and information that will enhance the citystransportation infrastructure, reduce unnecessary travel, promote safety formotorists, and encourage use and patronage of city venues and facilities.

5. Funding in the net amount of $146,618.78 is available in the Non-Bond CIP Fund.

Recommendation


22 Resolution -- Approving a Discretionary Service Agreement Between theCity of Irving and TW telecom of Texas LLC for Undergrounding andRelocation of Communications Utilities Along State Highway 348(Northwest Highway) between Riverside Drive and the Irving ConventionCenter


1. This item supports Strategic Goals No. 3: Economic Development; 3.9 Coordinate

development of the Regional Activity District and Entertainment Center, No. 9:Infrastructure Network, and No. 10: Environmental Sustainable Community.

2. This item has been recommended by Intergovernmental Services & Public Works -Transportation.

3. Impact: The undergrounding and relocation of communications utilities along StateHighway 348 (Northwest Highway) between Riverside Drive and the IrvingConvention Center will vacate utilities from the right of way for construction of thenew interchange of Spur 348 with Las Colinas Boulevard providing direct access forthe Convention Center and Las Colinas Boulevard.

4. This project must begin immediately in order to provide direct access to the newConvention Center that is scheduled to be completed December 2010, and will alsoprovide access to the Convention Center Orange Line Light Rail Transit Station.

5. Improvements to the transportation system afforded by this project will also improvemobility and air quality to allow for a more environmentally sustainable community.

6 Per the Las Colinas Undergrounding contract, the City will pursue a 35 percentreimbursement of the total contract cost from the Association.


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7. Funding in the net amount of $76,533.39 is available in the Street ImprovementBond Fund.

Recommendation


23 Resolution -- Approving and Accepting the Proposal of Chase EquipmentFinance Inc., for Lease Purchase Financing of Two Pumper Trucks



2. Impact: The City will save a minimum of $40,000.00 in interest compared to a frontloaded, five-year, General Obligation bond issue dependent on rate set at closing.Actual savings are expected to be $57,000.00.

3. In February 2010, Chase Equipment Finance won the proposal that wascompetitively solicited for the lease-purchasing financing for four fire vehicles.

4. The lease-purchase agreement for the first two vehicles financing was awarded onthe February 4, 2010, Council.

5. This new lease-purchase agreement is providing financing for the two remainingpumpers that are expected to be delivered in August or early September, that wereawarded to Metro Fire Apparatus Specialists, Inc., on December 3, 2009, Council.

6. This lease-purchase agreement is at an interest rate up to 2.9%. The rate will belocked in for the entire lease after Council approval and closing.

7. Payments will be made semi-annually, starting six months after funding is secured(beginning approximately February 2011 and ending August of 2015).

8. Funding will be in an amount not to exceed $1,144,750.00 to be paid in ten semi-annual installments not to exceed $228,950.00 in each fiscal year beginning with2011 and ending in 2015.

Recommendation



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24 Resolution -- Approving the Amendment of the Contract Between the Cityof Irving and Grant Thornton, LLP, for Professional Auditing Services



2. This item is recommended by Financial Services.

3. Impact: This agreement provides an annual audit and opinion of the Citysfinancial records as required by the City Charter and bond covenants.

4. This contract provides auditing services for the purpose of examining the booksand records of the City of Irving for Fiscal Year 2009-10. In addition, the auditorsissue an agreed upon procedures report for Dallas Regional Mobility Coalition(DRMC), DFW Interlocal Agreement, and Texas Commission on EnvironmentalQuality.

5. This amendment provides additional auditing services that include internal controlreview and compliance audit of three additional grant funds.

6. The annual not to exceed amount will be $271,283.00 ($551.00 for DRMC is paid

separately), for this one-year renewal contract, and funding will be from theGeneral Fund and allocated to grants where funding is available.

Recommendation


25 Resolution -- Approving the Purchase from Dell Marketing, L.P., for DellServers through the State of Texas Department of Information Resources(DIR) Program


1. This item supports Strategic Goal No. 8: Sound Governance and No. 9:Infrastructure Network.

2. This item has been recommended by Information Technology.

3. Impact: These replacement servers are necessary to maintain crucial informationand applications which are imperative for the citys operation. These replacementswill avoid poor system/application performance, data loss or corruption, andreduced productivity due to system down time based on parts availability.

4. Information Technology performed a detailed analysis of the 72 physical serversthat were eligible and budgeted for replacement and was able to make the followingrecommendation: 13 are being purchased/replaced with new servers; 27 will have

added extended maintenance; and 32 are either being virtualized, consolidated, orwill no longer be needed.

5. The reduction in physical servers is accomplished by the utilization of technologiesavailable, such as repurposing existing servers, extending maintenance coverage,utilizing virtual servers for approved applications, and hosting combinedapplications.


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6. Funding in the net amount of $81,434.99 is available in the Technology Fund.

Recommendation


26 Resolution -- Renewing the Annual Contract with AT&T for Existing andNew Communication Services


1. This item supports Strategic Goals No. 4: Safe and Secure City and No. 9:Infrastructure Network.


3. Impact: Network data access and phone service will continue to be provided toremote city facilities, such as Police stations, Fire stations, Library branches, andRecreation centers.

4. These telecommunication services consist of fifty dedicated T1 circuits that alsoprovide critical redundancy services for the city-wide radio communication systemto connect to the five towers located within the city to continue providing reliableradio communications for Public Safety and General Government services.

5. The annual estimated amount is $174,000.00 for this three-year agreement andfunding is available in the General Fund.

Recommendation


27 Resolution -- Renewing the Annual Contract with Sprint Solutions, Inc., forBroadband Wired Line Services




3. Impact: This service provides critical communication with mobile public safetyofficers for rapid, accurate communication in the field to minimize response time foremergency calls.

4. This service continues to provide the overall bandwidth and connection for mobiledata computers used within public safety vehicles to have the necessary access totheir critical applications, such as Computer Aided Dispatch (CAD).

5. The annual estimated amount will be $24,000.00 for this three-year contract, andfunding will be from the General Fund.

Recommendation



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28 Resolution -- Approving and Accepting the Bid of Bauhaus Interiors Groupfor Office Furniture for the Irving Convention Center



2. This item has been recommended by Irving Convention & Visitors Bureau andSMG, the Irving Convention Center Facility Operator.

3. Impact: Furnishings are required for the new Convention Center that will impactthe city residents by promoting the City, which will generate additional visitorspending in Irving.

4. The detailed list of all Furniture, Fixtures and Equipment (FF&E) items wasdeveloped by SMG, who is overseeing the purchasing process in conjunction withthe City Purchasing Division by developing specifications, evaluating the bidresponses, and making recommendations for awards.

5. Multiple solicitations are being processed for the FF&E items and this award is thefirst of six solicitations being recommended for award on this Council meeting; whileother FF&E solicitations remain in process.

6. Some items included in this award are: work stations, office chairs, file cabinets,conference room tables, guest chairs, and credenzas. These items are part of theoverall project budget and this award is within the estimated cost for these items.

7. Savings from this award are ear-marked to purchase items that were removedduring the value engineering process.

8. Funding in the net amount of $610,161.13 is available in the Convention CenterBond Fund.

Recommendation



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29 Resolution -- Approving and Accepting the Bids of Mity-Lite, Inc.; VircoInc., DBA Virco Sales Corporation; Sico America, Inc.; and MTS Seating forFurniture for Irving Convention Center





4. Multiple solicitations are being processed for the Furniture, Fixtures, and Equipment(FF&E) items and this award is the second of six solicitations being recommendedfor award on this Council meeting; while other FF&E solicitations remain in process.

5. Some items included in this award are: tables and carts, banquet chairs, dancefloor, and stack chairs. These items are part of the overall project budget and thisaward is within the estimated cost for these items.

6. It is also recommended that the seven responses received for Group II, foldingchairs, be rejected so that these chairs can be purchased utilizing a cooperativepurchasing program agreement for a savings of almost $3,000.00 from the lowestbid received for this group.

7. Savings from this award are ear-marked to purchase items that were removedduring the value engineering process


Vendor Group AwardMity-Lite, Inc. I Tables and Carts $130,889.98Virco Inc. DBA Virco Sales Corporation III - Banquet Chairs $ 88,270.91Sico America, Inc. IV Dance Floor $ 39,335.00MTS Seating V Stack Chairs $131,927.60

Total Amount $390,423.49

Recommendation



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30 Resolution -- Approving Purchase from Clarin for Folding Chairs for theIrving Convention Center, through the Texas Multiple Award Schedule(TXMAS) Local Government Statewide Cooperative Purchasing Program


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


3. Impact: Furnishings are required for the new Convention Center that will impactthe city residents by promoting the City, which will generate additional visitorspending in Irving. Also, by utilizing the TXMAS cooperative purchasing program,this purchase results in a savings of almost $3,000.00 from the lowest pricereceived in the formal furniture bid solicitation for this group of folding chairs.

4. Multiple solicitations are being processed for the Furniture, Fixtures, and Equipment

(FF&E) items, and this award is the third of six solicitations being recommended foraward on this Council meeting; while other FF&E solicitations remain in process.

5. Items included in this award are: fully upholstered seat and back folding chairs,stacking chair storage trucks, and starter blocks that are used to hold casters off thefloor for stacking, and to support the storage carts in stored positions.

6. These items are part of the overall project budget and this award is within theestimated cost for these items.

7. Savings from this award are ear-marked to purchase items that were removedduring the value engineering process


Recommendation



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31 Resolution -- Approving and Accepting the Bid of Irwin Telescopic SeatingCompany for Telescopic Seating/Risers for Irving Convention Center


1. This item supports Strategic Goal No. 3: Economic Development; 3.9 Coordinate

development of the Regional Activity District and Entertainment Center.2. This item has been recommended by Irving Convention & Visitors Bureau and

SMG, the Irving Convention Center Facility Operator.


4. Multiple solicitations are being processed for the Furniture, Fixtures, and Equipment(FF&E) items, and this award is the fourth of six solicitations being recommendedfor award on this Council meeting; while other FF&E solicitations remain in process.

5. The telescopic seating system shall be multiple tiered seating rows comprised ofseat and deck components, risers, and supportive understructure. The seating shallbe operable on the telescopic principle, stacking vertically in minimum floor areawhen not in use. This type seating will allow for right-sizing by event needs.

6. These items are part of the overall project budget and this award is within theestimated cost for these items.



Recommendation



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32 Resolution -- Approving and Accepting the Bid of Sico America, Inc., forStaging/Risers for Irving Convention Center





4. Multiple solicitations are being processed for the Furniture, Fixtures, and Equipment(FF&E) items, and this award is the fifth of six solicitations being recommended foraward on this Council meeting; while other FF&E solicitations remain in process.

5. Some items included in this award are: a mobile performance stage, stage decks,

stage stairs, stepboards, folding platforms, and portable wheelchair lift.6. These items are part of the overall project budget and this award is within the

estimated cost for these items.



Recommendation



23/28


33 Resolution -- Approving and Accepting the Bid of Equipment Depot forMaterial Handling Equipment for Irving Convention Center





4. Multiple solicitations are being processed for the Furniture, Fixtures, and Equipment(FF&E) items, and this award is the sixth of six solicitations being recommended foraward on this Council meeting; while other FF&E solicitations remain in process.

5. Some items included in this purchase are scissor lifts, forklifts, dollies, hand trucks,

pallet jacks, and platform trucks.6. These items are part of the overall project budget and this award is within the

estimated cost for these items.


8. It is recommended that we reject the responses for the 45 boom lift in order torevise the specifications for a larger boom lift to better fulfill the citys purpose forthis equipment.


Recommendation



24/28


34 Resolution -- Rejecting Proposals for the Energy Provider for IrvingConvention Center



2. This item has been recommended by Irving Convention & Visitors Bureau.

3. Impact: The Citys current energy provider will provide these services to the newIrving Convention Center for several months. This will establish a base line ofpower usage that is required to fully evaluate solicitation responses.

4. When the base line of power usage is determined, the City may elect to release anew solicitation for a provider partnership that is prepared to provide a reliablesupply of electricity, associated services, a sponsorship component, and a highlevel of customer service for the Irving Convention Center.

Recommendation

The resolution for rejection be approved.

35 Resolution -- Approving and Accepting the Proposal of EAB Corporationdba The Barber Shop Marketing for Advertising and Marketing Services forthe Genghis Khan Exhibit


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

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

3. Impact: Advertising and marketing an exhibition of this magnitude is important tothe success of the event and establishing the Irving Arts Center as a premier

facility.

4. The cost benefit analysis of outsourcing this service results in savings in severalways. The Barbershop Marketing has long-standing relationships with media outletswhich will enable them to negotiate deeper discounts on media buys, promotionaladd-ons, and editorial coverage. By working with the agency, the Arts Center willalso benefit from the companys existing relationships with promotional partners andsponsors.

5. Within a defined budget, the advertising agency will provide a media plan, mediabuys, creative development, promotion support, and event production support forthe event. They have significant experience working with municipal, arts-focused

and tourism events. The account supervisor assigned to our campaign hasextensive experience working with well-known museums on sponsorshipdevelopment, marketing, and promotion.

6. Target audiences include families with children ages 6 and up, combined householdincome of $50,000 and above, adults with an interest in history, travel or geography,local and regional Mongolian population, group sales leaders/tour operators locallyand regionally, educators and school groups, and reaching these groups within a400 mile radius of Dallas/Fort Worth.


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7. Minority- and/or Women-owned Business Enterprises (M/WBE) participation on thisaward is 100%.

8. Funding in the net amount of $405,000.00 will be available in the Genghis KhanFund.

Recommendation


End of Bids

INDIVIDUAL CONSIDERATION

36 Resolution -- Approving Appointments to the Board of Directors of theNorth Texas Transportation Authority


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

2. Impact: Appointment of this Board will give the City another tool to expandtransportation opportunities for the citizens of Irving.

3. The City Council created the North Texas Transportation Authority in 1995 as anon-profit, local government corporation with an emphasis on streets, highways, tollroads, turnpikes and the improvements, equipment, facilities, landscaping andbeautification ancillary thereto.

4. The current Directors terms have all expired and new appointments need to bemade.

5. The Board of Directors is composed of five (5) members, all of whom are appointed

by the Irving City Council. Under the Bylaws of the Corporation, the Directors servethree year terms which are staggered so that no more than two Directors termsexpire in any one year.

Recommendation



26/28


37 Resolution -- Awarding a Contract to SAK Construction, LLC, forRehabilitation of Hackberry Creek Interceptor Trunk Sewer Project


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

2. Impact: This project will repair five manholes and will restore the structural integrityof the sewer interceptor pipe serving the commercial area of MacArthur Boulevardbetween SH 161 and LBJ Freeway.

3. This project includes the installation of approximately 2,173 linear feet cured-in-place pipe, 1,573 linear feet clean and televised sewer and siphon pipes, removaland replacement of five manholes, frames and covers, and 90 vertical feet and1,200 square feet of cementitious rehabilitation of manhole/structures.

4. The lowest responsible and responsive bidder was SAK Construction, LLC in theamount of $779,387.00. An additional $8,000.00 is needed for testing, bringing thetotal cost of the project to $787,387.00.

5. Funding in the amount of $787,387.00 is available in the Sanitary Sewer BondFund.

Recommendation


38 Resolution -- Approving Change Order No. 2 to EMJ Corporation for theConstruction of West Irving Library


1. This item supports Strategic Goals No. 9: Infrastructure and No. 10:Environmentally Sustainable Community.

2. Impact: This change order will enable the West Irving Library to meet theDepartment of Energy criteria for a Net Zero Energy Building through the installationof a 339 KW photo-voltaic solar energy system.

3. The system is capable of producing 474,000 kWh of electricity via solar energy,which exceeds the estimated annual energy usage of the library.

4. The cost of this change will be offset by reimbursement to the city of a$1,158,316.00 grant from the State Energy Conservation Office (SECO).

5. The estimated savings in utility cost is $55,000.00 per year.6. The environmentally friendly solar energy system contributes to the reduction of

carbon emissions.

7. Funding in the amount of $1,261,218.00 is available in the Non-Bond CIP Fund andthe Library Bond Fund.

Recommendation



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39 Resolution -- Memorandum of Agreement with the City of Dallas forWholesale Treated Water Rate-Setting Methodology


1. This item supports Strategic Goal No. 8: Sound Governance.2. Impact: The agreement establishes rate-setting methodology over the next 30

years for Irving and other Dallas customers that purchase water under the

Wholesale Treated Water Contract.

3. Irving currently purchases 6.7 million gallons of drinking water per day from the City

of Dallas under a Wholesale Treated Water Contract to supplement Lake Chapman

water supplies. Irvings contract for treated water continues through June 30, 2033,

although the Memorandum of Agreement (MOA) that is referenced in the contract

and defines rate-setting methodology is expiring and needs to be renewed.

4. The new rate-setting methodology includes a few minor changes that are not

expected to have much impact on the cost to Dallas customers. However, the

Dallas rates for this contract have increased in the past and are expected to

continue to increase in the future due to rising costs to meet treatment regulations,

develop new supplies, power the facilities and provide basic operations and

maintenance.

5. The rates will continue to have two parts: volume and demand.

6. This MOA update and renegotiation took place over two years and was developed

with input from all customer cities as well as Dallas.

7. All customer cities are expected to approve the MOA which includes a new term of

30 years.

Recommendation

That the New MOA for wholesale treated water rate-setting methodology as reflected inthe attached Exhibit A be approved.


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APPOINTMENTS AND REPORTS

40 Mayors Report

41 Adjournment

Citizens ForumCitizens 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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