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HomeMy WebLinkAbout2019-10-22 Agenda with BackupCity Council City of Denton Meeting Agenda City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Work Session Room1:00 PMTuesday, October 22, 2019 WORK SESSION BEGINS AT 1:00 P.M. IN THE WORK SESSION ROOM CITY COUNCIL CONSIDERATION OF THE CONSENT AGENDA AND ITEMS FOR INDIVIDUAL CONSIDERATION WILL BEGIN IMMEDIATELY FOLLOWING THE CLOSED MEETING IN THE WORK SESSION ROOM After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, October 22, 2019, at 1:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: WORK SESSION 1. Citizen Comments on Consent Agenda Items This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will be given a total of three (3) minutes to address any items he/she wishes that are listed on the Consent Agenda . A Request to Speak Card should be completed and returned to the City Secretary before Council considers this item. 2. Requests for clarification of agenda items listed on this agenda. 3. Work Session Reports Receive a report, hold a discussion, and give staff direction regarding the Board of Ethics recommended amendments to the Ethics Ordinance. ID 19-1952A. Exhibit 1 - Agenda Information Sheet Exhibit 2 - Letter - Ethics Ordinance Exhibit 3 - Ethics Ordinance Revisions Exhibit 4 - Presentation Attachments: Receive a report, hold a discussion and give staff direction regarding the Board of Ethics recommended amendments to the Board of Ethics Rules of Procedure Ordinance. ID 19-2239B. Exhibit 1 - Agenda Information Sheet Exhibit 2 - Letter - Rules of Procedure Exhibit 3 - Rules of Procedure Revisions Exhibit 4 - Presentation Attachments: Receive a report, hold a discussion, and give staff direction regarding an internal audit of the Police Overtime Process. ID 19-2038C. Page 1 Printed on 10/23/2019 October 22, 2019City Council Meeting Agenda Exhibit 1 - Agenda Information Sheet Exhibit 2 - Audit Response Cover Letter Exhibit 3 - Audit of Police Overtime Exhibit 4 - Presentation Attachments: Receive a report, hold a discussion, and give staff direction on pending City Council requests for information. ID 19-2088D. Exhibit 1 - Agenda Information Sheet Exhibit 2 - Presentation Exhibit 3 - Integrated Pest Management Plan Exhibit 4 - IPM Presentation from the May 7 2019 City Council meeting Attachments: Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law. 1. Closed Meeting Any final action, decision, or vote on a matter deliberated in a Closed Meeting will only be taken in an Open Meeting that is held in compliance with Texas Government Code, Chapter 551, except to the extent such final decision, or vote is taken in the Closed Meeting in accordance with the provisions of Section 551.086 of the Texas Government Code (the ‘Public Power Exception’). The City Council reserves the right to adjourn into a Closed Meeting or Executive Session as authorized by Texas Government Code, Section 551.001, et seq. (The Texas Open Meetings Act) on any item on its open meeting agenda or to reconvene in a continuation of the Closed Meeting on the Closed Meeting items noted above, in accordance with the Texas Open Meetings Act, including, without limitation Sections 551.071-551.086 of the Texas Open Meetings Act. Deliberations regarding Personnel Matters - Under Texas Government Code Section 551.074. Deliberate and discuss the evaluation, duties, discipline, procedures, and contracts of the Municipal Judge and City Auditor. ID 19-2498A. Consultation with Attorneys - Under Texas Government Code Section 551.071. Consult with the City’s attorneys on the status, strategy, and potential resolution of the Crystal Faulkner personal injury claim; where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in pending or contemplated litigation or settlement offers. ID 19-2527B. Following the completion of the Closed Meeting, the City Council will convene in a Special Called Meeting to consider the following item(s): 1. CONSENT AGENDA Each of these items is recommended by Staff and approval thereof will be strictly on the basis of the Staff Page 2 Printed on 10/23/2019 October 22, 2019City Council Meeting Agenda recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A – N). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, the Consent Agenda Items will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. Consider adoption of an ordinance of the City of Denton abandoning, releasing, and vacating a 0.091 acre tract of Carroll Boulevard right-of-way, partially out of property conveyed by the deed from William Crawford to the City of Denton, recorded in Volume 602, Page 456, Deed Records, Denton County, Texas and partially out of property conveyed by the deed from Kathleen P. Floyd to the City of Denton, recorded in Volume 567, Page 452, Deed Records, Denton County, Texas, all located in the R. Beaumont Survey, Abstract No. 31, within the City and County of Denton, Texas; providing a savings clause, and providing for severability and an effective date. ID 19-2330A. Exhibit 1 - Agenda Information Sheet Exhibit 2 - Location Map Exhibit 3 - Abandonment Tract Exhibit 4 - Boundary Survey Exhibit 5 - Applicant Project Narrative Exhibit 6 - Applicant Research Letter Exhibit 7 - Vesting Deed Exhibit 8 - Real Estate Appraisal Exhibit 9 - SOS members list Exhibit 10 - Ordinance Attachments: Consider adoption of an ordinance of the City of Denton authorizing the City Manager to sign a Medical Office Building Lease and First Amendment to Medical Office Building Lease by and between Epic Development, Inc. and the City of Denton for the use and occupancy of premises at 3537 South I-35E Denton, Texas 76210 for the City of Denton Employee Health Center for a three year period; authorizing the expenditure of funds therefor (with a one-year cost of $66,552, and a three (3) year not-to-exceed amount of $203,676); and providing an effective date. ID 19-2386B. Exhibit 1 - Agenda Information Sheet (Clinic Lease) Exhibit 2 - Market Analysis Exhibit 3 - Ordinance and Lease Documents Attachments: Consider approval of the minutes of October 7 and October 8, 2019.ID 19-2432C. Exhibit 1 - October 7, 2019 Minutes Exhibit 2 - October 8, 2019 Minutes Attachments: Page 3 Printed on 10/23/2019 October 22, 2019City Council Meeting Agenda Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager, or his designee, to execute a contract with International Business Machines (IBM) Corporation for Weather Forecasting Services; Pattern Recognition Technologies, Inc., for Load Forecasting Service; and Radiant Geospatial Solutions, LLC, for Wind and Solar Forecasting Services; providing for the expenditure of funds therefor; and providing an effective date (RFP 7057 - awarded to the lowest responsive bidder for each line item, Weather Forecasting contract awarded to International Business Machines (IBM) Corporation for a three (3) year not-to-exceed amount of $63,030, Load Forecasting contract awarded to Pattern Recognition Technologies, Inc., for a three (3) year not-to-exceed amount of $118,800 and Wind and Solar Forecasting contract awarded to Radiant Geospatial Solutions LLC for a three (3) year not-to-exceed amount of $66,000, in a total three (3) year, not-to-exceed amount of $247,830). The Public Utilities Board recommends approval (6 - 0). ID 19-2433D. Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Evaluation Exhibit 3 - LLC Membership Exhibit 4 - Ordinance and Contracts Attachments: Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement with Raftelis Financial Consultants, Inc., for Water and Wastewater Utilities Cost of Service and Rate Design Study as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7105 - Professional Services Agreement for Water and Wastewater Utilities Cost of Service and Rate Design Study awarded to Raftelis Financial Consultants, Inc ., in the not-to-exceed amount of $108,470). The Public Utilities Board recommends approval (6 - 0). ID 19-2434E. Exhibit 1 - Agenda Information Sheet Exhibit 2 - Evaluation Sheet Exhibit 3 - Ordinance and Contract Attachments: Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the approval of Change Order No. 1 to the contract between the City of Denton and Wilson Contractor Services, LLC, for the construction of the Allred and John Paine Road Water Transmission Main Project for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (IFB 7038 - Change Order No. 1 in the not-to-exceed amount of $399,141.26 for a total contract award aggregated to $5,275,366.64). The Public Utilities Board recommends approval (6 - 0). ID 19-2435F. Exhibit 1 - Agenda Information Sheet Exhibit 2 - Project Map Exhibit 3 - Original Ordinance and Contract Exhibit 4 - Ordinance and Change Order Attachments: Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager, or his designee, to utilize a contract through the ID 19-2436G. Page 4 Printed on 10/23/2019 October 22, 2019City Council Meeting Agenda City of Frisco Contract Number 1901-036 for the acquisition of self-contained breathing apparatus (SCBA) for the Fire Department; providing for the expenditure of funds therefor; and providing an effective date (File 7124 - awarded to Hoyt Enterprises, Inc., dba Hoyt Breathing Air Products, in the amount of $600,000). Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Sheet Exhibit 3 - Ordinance Attachments: Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with All -N-One Services, LLC, for Temporary Labor Services for various City of Denton departments; providing for the expenditure of funds therefor; and providing an effective date (IFB 7045 - awarded to All-N-One Services, LLC, in the three (3) year not-to-exceed amount of $525,000). ID 19-2465H. Exhibit 1 - Agenda Information Sheet Exhibit 2 - Bid Tabulation Exhibit 3 - LLC Members Exhibit 4 - Ordinance and Contract Attachments: Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager, or his designee, to execute a contract with Holt CAT through the Sourcewell Cooperative Purchasing Network Contract Number 032119-CAT, for the purchase of one (1) D-9 Dozer for the Solid Waste Landfill Department; authorizing the expenditure of funds therefor; and declaring an effective date (File 7182 - awarded to Holt CAT, in the not-to-exceed amount of $1,057,079.89). The Public Utilities Board recommends approval (5 - 1). ID 19-2466I. Exhibit 1 - Agenda Information Sheet Exhibit 2 - Quote Exhibit 3 - Ordinance Attachments: Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager, or his designee, to execute a contract with Siddons-Martin Emergency Group, LLC, through the Houston -Galveston Area Council of Governments (H-GAC) Cooperative Purchasing Program Contract Number FS 12-17, for the acquisition of one (1) Oshkosh 3000 Striker 6X6, Aircraft Rescue and Fire Fighting (ARFF) vehicle for the Fire Department; and providing an effective date (File 7194 - awarded to Siddons-Martin Emergency Group, LLC in the not-to-exceed amount of $754,922). ID 19-2521J. Exhibit 1 - Agenda Information Sheet Exhibit 2 - Quote Exhibit 3 - LLC Members Exhibit 4 - Ordinance Attachments: Consider approval of a resolution of the City of Denton allowing the Campus Theatre ID 19-2534K. Page 5 Printed on 10/23/2019 October 22, 2019City Council Meeting Agenda Concessions, LLC to sell alcoholic beverages at the Denton ’s Day of the Dead Festival, on Saturday, October 26, 2019, from 11:00 a.m. to 11:00 p.m., at the Williams Square, upon satisfying certain conditions; authorizing the City Manager, or his designee, to execute an agreement in conformity with this resolution; and providing for an effective date. Exhibit 1 Agenda Information Sheet Exhibit 2 Resolution and Agreement Exhibit 3 LLC Verification Attachments: Consider adoption of an ordinance of the City of Denton, Texas, approving a first amendment to the employment agreement for City Manager Todd Hileman; providing a salary increase for City Manager Todd Hileman under the performance review provision of the City Manager’s employment agreement with the City; extending the term of the City Manager’s employment agreement to October 23, 2023; increasing vacation accrual to four weeks per year for the City Manager; adding an automatic renewal clause; authorizing the expenditure of funds; and providing an effective date. ID 19-2551L. Exhibit 1- Agenda Information Sheet Exhibit 2 - Ordinance and Agreement Attachments: Consider adoption of an ordinance of the City of Denton, Texas, approving a second amendment to the employment agreement for City Attorney Aaron Leal; providing a salary increase under the performance review provision of the City Attorney ’s employment agreement with the City; extending the term of the City Attorney ’s employment agreement to October 11, 2021; authorizing the expenditure of funds; and providing an effective date. ID 19-2552M. Exhibit 1- Agenda Information Sheet Exhibit 2- Ordinance and Agreement-Rev Attachments: Consider adoption of an ordinance of the City of Denton establishing the classifications and prescribing the number of positions in each classification for the Police Department pursuant to Chapter 143 of the Texas Local Government Code; providing repealer, cumulative, and severability clauses; and declaring an effective date. ID 19-2520N. Exhibit 1 - AIS - Annual Staffing Ordinance - FY19-20 Exhibit 2 - Ordinance - FY19-20 Staffing Ordinance - PD Attachments: 2. ITEMS FOR INDIVIDUAL CONSIDERATION Consider approval of a resolution by the City of Denton recognizing the necessity of protecting the natural areas (greenbelts) adjacent to creeks and other waterways; adopting the Denton County Greenbelt Plan as a framework to complement the current and future planning efforts of the City of Denton in managing and protecting various environmental resources; endorsing the plan as an urgent regional program for the county, cities, towns and utilities to help protect water quality in local watersheds; and expressing the City of Denton’s intent to participate in implementing strategies that will preserve and protect the environment and safeguard the public welfare. ID 19-2249A. Page 6 Printed on 10/23/2019 October 22, 2019City Council Meeting Agenda Exhibit 1 Agenda Information Sheet Exhibit 2 Greenbelt Protection Plan Resolution.pdf Exhibit 3 - Staff Presentation.pdf Exhibit 4 Denton County Greenbelt Plan_Executive Summary Exhibit 5 Final DCGBP For the Future Attachments: Consider approval of a resolution of the City of Denton, Texas adopting the vision, value statements, goals, policies, recommendations, and the implementation matrix proposed in the Denton Historic Preservation Plan prepared by the Lakota Group, dated August 28, 2019; and providing an effective date. (HLC19-030c, Historic Preservation Plan, Ron Menguita) HLC19-030cB. Exhibit 1 - Agenda Information Sheet Exhibit 2 - Draft Denton Historic Preservation Plan Exhibit 3 - Draft Resolution Exhibit 4 - Presentation Attachments: 3. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting topics, above posted. C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the ________day of ___________________, 2019 at ________o'clock (a.m.) (p.m.) __________________________________________ CITY SECRETARY NOTE:THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM AND COUNCIL CHAMBERS ARE ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY’S OFFICE. Page 7 Printed on 10/23/2019 October 22, 2019City Council Meeting Agenda Page 8 Printed on 10/23/2019 City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 19-1952,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding the Board of Ethics recommended amendments to the Ethics Ordinance. City of Denton Printed on 10/15/2019Page 1 of 1 powered by Legistar™ City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Internal Audit CITY AUDITOR: Umesh Dalal DATE: October 22, 2019 SUBJECT Receive a report, hold a discussion, and give staff direction regarding the Board of Ethics recommended amendments to the Ethics Ordinance. BACKGROUND Proposition D was approved in a City of Denton Charter Election on November 7, 2017 providing for the creation of an Ethics Ordinance. The Denton City Council adopted Ethics Ordinance 18 -757 on May 1, 2018 in order to increase public confidence and provide a framework to encourage ethical behavior. In July of 2018, the ten members of the Board of Ethics (Board) were appointed and sworn into office. At the time of creation of the ordinance, it was expected that the Ordinance w ould need amendments after gaining more experience with the implementation. Section 2-277 (i) authorizes the Board of Ethics to recommend amendments to the Ethics Ordinance. In the meetings on January 16, 2019, February 20, 2019 and June 12, 2019, the Board discussed recommendation for changes to the Ethics Code. On July 16, 2019 a Letter of Recommendations was presented to the City Coun cil for guidance. The City Council requested the Chairperson to make a presentation of final proposed language for the changes . On August 29, 2019 and September 11, 2019, the Board of Ethics met to continue discussions on proposed Ethics Ordinance changes. After lengthy discussions, the Board unanimously agreed on the changes outlined in the attached Letter of Recommendations and revised Ethics Ordinance. The Board Chairperson will present this list of changes to the City Council. Any additional changes will be presented to the City Council as the Board continues their discussions in future meetings. PRIOR ACTION/REVIEW (Council, Boards, Commissions) N/A RECOMMENDATION The Board of Ethics is recommending the outlined amendments in the Letter of Recommendations dated October 9, 2019 to the Ethics Ordinance 18-757. EXHIBITS 1. Agenda Information Sheet Respectfully submitted: 2. Letter of Recommendations Umesh Dalal: 940-349-8158 3. Ordinance City Auditor City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com 1 ORDINANCE NO. 19- AN ORDINANCE OF THE CITY OF DENTON AMENDING THE CODE OF ORDINANCES, RELATED TO CHAPTER 2, TITLED “ADMINISTRATION,” ARTICLE XI, TITLED “ETHICS,” PROVIDING FOR FINDINGS OF FACT; PROVIDING SEVERABILITY; PROVIDING CODIFICATION; CONFIRMING PROPER NOTICE AND MEETING; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 1, 2018, the City Council of the City of Denton enacted a new Code of Ethics to foster a culture of integrity for those who serve the municipality and our citizenry; and WHEREAS, the Code presented the consensus of preferences expressed by the City Council over a period of eight (8) public work sessions, and four (4) public hearings, which were broadcasted. Altogether, the work sessions exceeded twenty (20) hours of deliberations; and WHEREAS, this Code of Ethics applies to the Mayor, City Council, Planning and Zoning, Zoning Board of Adjustment, Historic Landmark Commission, Board of Ethics, Public Utilities Board, Department Heads appointed by the City Council, and Vendors; and WHEREAS, on June 26, 2018, the City Council passed an amendment, clarifying ineligibility to serve on the Board in Section 2-277; and WHEREAS, the City Council finds the attached amendment reasonable, necessary, and consistent with the intent of the City Council in drafting the Code of Ethics; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. FINDINGS OF FACT. The foregoing recitals are incorporated into this Ordinance by reference as findings of fact as if expressly set forth herein. SECTION 2. AMENDMENT. That the Code of Ordinances of the City of Denton, a Texas home-rule municipal corporation, is hereby amended by the revisions as provided in Attachment A, attached hereto and incorporated into this Ordinance, with the deleted text struck-through, the new text shown as underlined, and the retained portion shown in normal type. All other provisions of the Code of Ethics remain in full force and effect. SECTION 3. SEVERABILITY. Should any of the clauses, sentences, paragraphs, sections, or parts of this Ordinance be deemed invalid, unconstitutional, or unenforceable by a court of law or administrative agency with jurisdiction over the matter, such action shall not be construed to affect any other valid portion of this Ordinance. SECTION 4. CODIFICATION. The City Secretary is hereby directed to record and publish the attached rule, regulation, and policy in the City's Code of Ordinances as authorized by Section 52.001 of the Texas Local Government Code. 2 SECTION 5. EFFECTIVE DATE. This ordinance shall become effective immediately upon its passage and approval. SECTION 6. PROPER NOTICE & MEETING. It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public, and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings Act, Texas Government Code, Chapter 551. Notice was also provided as required by Chapter 52 of the Texas Local Government Code. The motion to approve this ordinance was made by __________________________ and seconded by _________________________________, the ordinance was passed and approved by the following vote [___ - ___]: Aye Nay Abstain Absent Mayor Chris Watts: ______ ______ ______ ______ Gerard Hudspeth, District 1: ______ ______ ______ ______ Keely G. Briggs, District 2: ______ ______ ______ ______ Jesse Davis, District 3: ______ ______ ______ ______ John Ryan, District 4: ______ ______ ______ ______ Deb Armintor, At Large Place 5: ______ ______ ______ ______ Paul Meltzer, At Large Place 6: ______ ______ ______ ______ PASSED AND APPROVED this the _________ day of ___________________, 2019. __________________________________ CHRIS WATTS, MAYOR 3 ATTEST: ROSA RIOS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: __________________________________ Page 1 of 20 Attachment “A” CITY OF DENTON CODE OF ORDINANCES CHAPTER 2: ADMINISTRATION ARTICLE XI. ETHICS DIVISION 1. GENERAL Sec. 2-265. Authority This Article is enacted pursuant to the authority granted to the City under Section 14.04 of the Charter. Sec. 2-266. Purpose The purpose of this Article is to foster an environment of integrity for those that serve the City of Denton and our citizenry. The City Council enacted this Article in order to increase public confidence in our municipal government. It is the policy of the City that all City Officials and employees shall conduct themselves in a manner that assures the public that we are faithful stewards of the public trust. City Officials have a responsibility to the citizens to administer and enforce the City Charter and City Ordinances in an ethical manner. To ensure and enhance public confidence in our municipal government, each City Official must strive not only to maintain technical compliance with the principles of conduct set forth in this Article, but to aspire daily to carry out their duties objectively, fairly, and lawfully. Furthermore, this Article was enacted to ensure that decision makers provide responsible stewardship of City resources and assets. It is not the purpose of this Article to provide a mechanism to defame, harass or abuse their political opponents, or publicize personal grudges. Rather, this Article is intended to provide a framework within which to encourage ethical behavior, and enforce basic standards of conduct while providing due process that protects the rights of the Complainant and the AccusedRespondent. Sec. 2-267. Prospective This Article shall apply prospectively, and shall not sustain any Complaints based on acts or omissions alleged to have taken place prior to May 15, 2018. Sec. 2-268. Applicability This Article applies to the following persons: Page 2 of 20 (a) City Officials; (b) Former City Officials whose separation from city service occurred less than one (1) year from the date of the alleged violation of this Article. Application of this Article to Former City Officials shall be limited to alleged violations: (1) that occurred during the term as a City Official; (2) of the prohibition on representing others for compensation (§2-273(d)(2)); or (3) of the prohibition of subsequent work on prior projects (§2-273(h)); (c) Vendors; and (d) Complainant(s), who must comply with this Article’s procedures and the prohibition on Frivolous Complaints. Sec. 2-269. Definitions The following words, terms, and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Accepted Complaint: a sworn allegation of a violation of this Article after the required documentation has been submitted to the City Auditor and determined to be administratively complete. Accused: a City Official who has been charged in a Complaint with having violated this Article. Actionable Complaint: an Accepted Complaint that has been deemed by a Panel to contain allegations and evidence that, if accepted as true, would support a finding that a violation of this Article occurred. Advisory Opinions: written rulings regarding the application of this Article to a particular situation or behavior. Article: this Chapter 2, Article XI of the Code of Ordinances for the City of Denton. Baseless Complaint: a Complaint that does not allege conduct that would constitute a violation of this Article, or that does not provide evidence that, if true, would support a violation of this Article. Board of Ethics: the oversight entity established by the Council to administer this Article. Business Entity: a sole proprietorship, partnership, firm, corporation, holding company, joint-stock company, receivership, trust, political subdivision, government agency, university, or any other entity recognized by law. Candidate: a person who has filed an application for a place on a ballot seeking public office, or one who has publicly announced the intention to do so. Page 3 of 20 Charged: to be charged with a violation of this Article is to have an Accepted Complaint deemed Actionable. City: the City of Denton in the County of Denton and State of Texas. City Auditor: the person appointed to serve in the capacity provided for by Section 6.04 of the City Charter, or their designee and clerical staff acting in the City Auditor’s absence. City Official: for purposes of this Article, the term consists of the Council Members, Department Heads, or member of the Board of Ethics, Planning and Zoning Commission Members, Board of Adjustment, Historic Landmark Commission, or Public Utilities Board. Code: the Code of Ordinances of the City of Denton, Texas, as such Code may be amended from time to time. Complainant: the human individual who submitted a Complaint to the City. Complaint: written documentation submitted to the City accusing a City Official of violating this Article. Confidential Information: any written information that could or must be excepted from disclosure pursuant to the Texas Public Information Act, if such disclosure has not been authorized; or any non-written information which, if it were written, could be excepted from disclosure under that Act, unless disclosure has been authorized by the City Council or City Manager. Council: the governing body of the City of Denton, Texas, including the Mayor and City Council Members. Deliberations: discussions at the dais; voting as a Member of the Board or Commission; or presentations as a member of the audience before any City Board or Commission; conversing or corresponding with other City Officials or Staff. This term does not apply to a general vote on a broad, comprehensive, or omnibus motion, such as approval of the City budget. Department Heads: the employees appointed by the City Council, those being the City Manager, City Auditor, City Attorney, and Municipal Court Judge. Former City Official: a City Official whose separation from city service occurred less than one (1) year from the date of an alleged violation of this Article. Frivolous Complaint: a sworn Complaint that is groundless and brought in bad faith, or groundless and brought for the purpose of harassment. Page 4 of 20 Interfere: a person interferes with a process or activity pertaining to this Article when they intentionally and wrongfully take part in, or prevent, a City process or activity from continuing or being carried out properly or lawfully. Panel: an ad hoc subcommittee of the Board of Ethics consisting of three (3) members assigned by the Chairperson or designated by the City Auditor (as applicable) on a rotating basis, at least one (1) of which is an attorney or retired jurist. Pending Matter: an application seeking approval of a permit or other form of authorization required by the City, State, or Federal law; a proposal to enter into a contract or arrangement with the City for the provision of goods, services, real property, or other things of value; a case involving the City that is (or is anticipated to be) before a civil, criminal, or administrative tribunal. Person: associations, corporations, firms, partnerships, bodies politic, and corporate, as well as individuals. Recklessly: a person acts recklessly when they are aware of but consciously disregard a substantial and unjustifiable risk that a certain result is probable from either their conduct, or in light of the circumstances surrounding their conduct. The risk must be of such a nature and degree that to disregard it constitutes a gross deviation from the standard of care that an ordinary person would exercise under the circumstances. Relative: a family member related to a City Official within the third (3rd) degree of affinity (marriage) or consanguinity (blood or adoption) in accordance with Texas Government Code, Title 5, Subtitle B, Chapter 573. Respondent: a City Official who has been charged in a Complaint with having violated this Article. Shall: a mandatory obligation, not a permissive choice. Special Counsel: an independent, outside attorney engaged by the City to advise the City as an organization and/or the Board of Ethics. Vendor: a person who provides or seeks to provide goods, services, and/or real property to the City in exchange for compensation. This definition does not include those property owners from whom the City acquires public right-of-way or other real property interests for public use. Sec. 2-270. Cumulative & Non-Exclusive This Article is cumulative of and supplemental to all applicable provisions of the City Charter, other City Ordinances, and State/Federal laws and regulations. Compliance with this Article does not excuse or relieve any person from any obligation imposed by any other Rule. Attempts to enforce this Article shall not be construed as foreclosing or precluding other enforcement options provided by other law. Page 5 of 20 DIVISION 2. RULES OF CONDUCT Sec. 2-271. Expectations The following list conveys the City Council’s expectations for City Officials. These expectations are aspirational, and shall not serve as the basis for a Complaint. (a) City Officials are expected to conduct themselves in a manner that fosters public trust. (b) City Officials are charged with performing their public duties in a way that projects a high level of personal integrity and upholds the integrity of the organization. (c) City Officials must avoid behavior that calls their motives into question and erodes public confidence. (d) City Officials shall place the municipality’s interests and the concerns of those the City serves above private, personal interests. (e) Those who serve the City are expected to value honesty, trustworthiness, diligence, objectivity, fairness, due process, efficiency, and prudence as values the City professes. (f) City Officials must balance transparency with the duty to protect personal privacy and preserve the confidential information with which the City has been entrusted. (g) It is neither expected nor required that those subject to this Article relinquish or waive their individual rights. Sec. 2-272. Mandates (a) Duty to Report. City Officials shall report any conduct that the person knows to be a violation of this Article. Failure to report a violation of this Article is a violation of this Article. For purposes of this section, submittal of a Complaint or a report made to the Fraud, Waste, or Abuse hotline shall be considered to be a report under this Section. A report to the hotline may remain anonymous unless disclosed by the caller. (b) Financial Disclosures. All Candidates for City Council, including Candidates for Mayor, shall file financial information reports as required by, and in accordance with, State law. All prospective Vendors and City Officials shall file disclosure forms as required by, and in accordance with, State law. (c) Business Disclosures. When a Pending Matter is before the City Official, and the City Official has knowledge of being a partner with one of the owners of the Business Interest with the Pending Matter, all City Officials shall file with the City Auditor a report listing the known names of human individuals with whom the City Official or the City Official’s spouse is named partner in the following types of businesses: General Partnership, Limited Partnership, Limited Liability Partnership, or Limited Liability Corporation, or Professional Corporation. Annual reports shall be submitted within ninety (90) days of taking office. Failure to submit a report shall not serve as a basis for a Complaint unless the City Official fails to submit a report within thirty (30) days of being provided written Page 6 of 20 notification of the omission. Neither the existence of a business relationship as described in this Section, nor the submission of a report required by this Section shall prevent a City Official from participating in Deliberations on matters pending before the City absent a Conflicting Interest. Sec. 2-273. Prohibitions (a) Conflicts of Interest: (1) Deliberation Prohibited. It shall be a violation of this Code for a City Official to knowingly deliberate regarding a Pending Matter for which the City Official currently has a Conflicting Interest. City Officials with a current Conflicting Interest in a Pending Matter must recuse themselves and abstain from Deliberations. It is an exception to this recusal requirement if the City Official serves on the City Council, Planning and Zoning Commission, Board of Ethics, Historic Landmark Commission, Public Utilities Board, or Board of Adjustment; and a majority of the members of that body is composed of persons who are likewise required to file (and who do file) disclosures on the same Pending Matter. (2) Disclosure Required. If a City Official has a Conflicting Interest in a Pending Matter, the City Official shall disclose the nature of the Conflicting Interest by filing a sworn statement with the City Auditor. Disclosures under this subsection shall be for the time period, including the previous calendar year, and up to date where the Conflicting Interest arises before the City Official. (3) Definition of Conflicting Interest. For purposes of this Article, the term is defined as follows: Conflicting Interest: a stake, share, equitable interest, or involvement in an undertaking in the form of any one (1) or more of the following: (A) ownership of five percent (5%) or more voting shares or stock in a Business Entity; (B) receipt of more than six-hundred dollars ($600.00) in gross annual income from a Business Entity, as evidenced by a W-2, 1099, K-1, or similar tax form; (C) ownership of more than six-hundred dollars ($600.00) of the fair market value of a Business Entity; (D) ownership of an interest in real property with a fair market value of more than six-hundred dollars ($600.00); (E) serves on the Board of Directors or as an Officer of a Business Entity, unless the City Official was appointed to that position by the City Council; and/or Page 7 of 20 (F) serves on the Board of Directors (i.e., governing body) or as an Officer of a nonprofit corporation or an unincorporated association, unless the City Official was appointed to that position by the City Council. A City Official is considered to have a Conflicting Interest if the City Official’s Relative has a Conflicting Interest. The term Conflicting Interest does not include ownership of an interest in a mutual or common investment fund that holds securities or assets unless the City Official participates in the management of the fund. (b) Gifts. (1) General. It shall be a violation of this Article for a City Official to accept any gift that might reasonably tend to influence such Officer in the discharge of official duties. (2) Specific. It shall be a violation of this Article for a City Official to accept any gift for which the fair market value is greater than fifty dollars ($50.00). It shall be a violation of this Article for a City Official to accept multiple gifts for which the cumulative fair market value exceeds two hundred dollars ($200.00) in a single fiscal year. (3) It shall be a violation of this Article for a Vendor to offer or give a Gift to a City Official exceeding fifty dollars ($50.00) per gift, or multiple gifts cumulatively valued at more than two hundred dollars ($200.00) per a single fiscal year. (4) Definition of Gift. Anything of monetary value, including but not limited to cash, personal property, real property, services, meals, entertainment, and travel expenses. (5) Exceptions. This definition shall not apply to the following, which are allowed under this Article: (A) a lawful campaign contribution; (B) meals, lodging, transportation, entertainment, and related travel expenses paid for (or reimbursed by) the City in connection with the City Official’s attendance at a conference, seminar or similar event, or the coordinator of the event; (C) meals, lodging, transportation, or entertainment furnished in connection with public events, appearances, or ceremonies related to official City business, nonprofit functions, or charity functions, or community events, if furnished by the sponsor of such events (who is in attendance); (D) complimentary copies of trade publications and other related materials; Page 8 of 20 (E) attendance at hospitality functions at local, regional, state, or national association meetings and/or conferences; (F) any gift that would have been offered or given to the City Official because of a personal, familial, professional relationship regardless of the City Official’s capacity with the City; (G) tee shirts, caps, and other similar promotional material; and (H) complimentary attendance at political, nonprofit, or charitable fund raising events. (6) Donations. It is not a violation under this Article for a City Official to accept a Gift prohibited by this Article on behalf of the City of Denton. Conveyance of a Gift prohibited by this Article to the City of Denton or a nonprofit corporation cures any potential violation. (7) Reimbursement. It is not a violation under this Article for a City Official to accept a Gift prohibited by this Article and promptly reimburse the Person the actual cost or fair market value of the gift. (c) Outside Employment. (1) Applicability of Section. This subsection applies to Department Heads. (2) Prohibition. It is a violation of this Article for a Department Head to solicit, accept, or engage in concurrent outside employment which could reasonably be expected to impair independence of judgment in, or faithful performance of, official duties. (3) Disclosure and Consent. It is a violation of this Article for a Department Head to accept employment from any Person other than the City without first disclosing the prospective employment arrangement in writing to the Mayor and receiving the Mayor’s written consent. (d) Representation of Others. (1) Current City Officials. It shall be a violation of this Article for a City Official to represent for compensation any person, group, or entity before a board or commission of the City. For purposes of this subsection, the term compensation means money or any other thing of value that is received, or is to be received, in return for or in connection with such representation. (2) Former City Officials. It shall be a violation of this Article for a City Official to represent for compensation any person, group, or entity before the City Council or a board, commission, or staff of the City for a period of one (1) year after termination of official duties. This prohibition applies to representation in the form of advocacy or lobbying regarding discretionary approvals of the City, not Page 9 of 20 routine, ministerial actions. For purposes of this subsection, the term compensation means money or any other thing of value that is received, or is to be received, in return for or in connection with such representation. The prohibition in this subsection solely applies to the Former City Official, and shall not be construed to apply to other affiliated Persons. This subsection does not apply to Former City Officials who represent others for compensation in the course of applying for non-discretionary, ministerial permits and routine approvals. It shall be an exception to this Article when the Former City Official is employed by or owns a small business which existed before the Former City Official commenced service as a City Official and is the sole source of specialized knowledge or expertise necessary within that small business, and that knowledge or expertise is necessary to transact business with the City. (e) Improper Influence. It shall be a violation of this Article for a City Official to use such person's official title/position to: (1) secure special privileges or benefits for such person or others; (2) grant any special consideration, treatment, or advantage to any citizen, individual, business organization, or group beyond that which is normally available to every other citizen, individual, business organization, or group; (3) assert the prestige of the official's or employee's City position for the purpose of advancing or harming private interests; (4) state or imply that the City Official is able to influence City action on any basis other than the merits; or (5) state or imply to state or local governmental agencies that the City Official is acting as a representative of the City, as an organization, or as a representative of the City Council without first having been authorized by the City Council to make such representation (except the Mayor, City Manager, and City Attorney). (f) Misuse of Information. (1) Personal Gain. It shall be a violation of this Article for a former City Official to use any confidential information to which the City Official had access by virtue of their official capacity and which has not been made public concerning the property, operations, policies, or affairs of the City, to advance any personal or private financial interest of any Person. (2) Confidential Information. It shall be a violation of this Article for a City Official to intentionally, knowingly, or recklessly disclose any confidential information gained by reason of the City Official's position concerning the property, operations, policies, or affairs of the City. This rule does not prohibit the reporting of illegal or unethical conduct to authorities designated by law. (g) Abuse of Resources. It shall be a violation of this Article for a City Official to use, request, or permit the use of City facilities, personnel, equipment, software, supplies, or Page 10 of 20 staff time for private purposes (including political purposes), except to the extent and according to the terms that those resources are generally available to other citizens and the City Officials for official City purposes. (h) Abuse of Position. It shall be a violation of this Article for any City Official to engage in the following: (1) Harassment & Discrimination. Use the Official's position to harass or discriminate against any person based upon ethnicity, race, gender, gender identity, sexual orientation, marital status, parental status, or religion. (2) Interference. Interfere with any criminal or administrative investigation alleging the violation of any provision of this Article, the City Charter, administrative policy, or executive order in any manner, including but not limited to seeking to persuade or coerce City employees or others to withhold their cooperation in such investigation is a violation of this Article. (i) Subsequent Work on Prior Projects. It shall be a violation of this Article for any former City Official, within one (1) year of the cessation of official duties for the City, to perform work on a compensated basis relating to a City contract or arrangement for the provision of goods, services, real property, or other things of value, if while in City service the former City Official personally and substantially participated in the negotiation, award or administration of the contract or other arrangement. This Section does not apply to a City Official whose involvement with a contract or arrangement was limited to Deliberations as a member of the City Council, Planning and Zoning Commission, Board of Adjustment, Historic Landmark Commission, or Public Utilities Board. DIVISION 3. IMPLEMENTATION Sec. 2-274. Staffing (a) City Auditor. The City Auditor’s Office shall be responsible to provide staff and clerical support to the Board of Ethics to assist in the implementation and enforcement of this Article. The degree of support required shall be at the discretion of the City Auditor. Nothing herein creates a duty for the City Auditor to enforce this Article. Furthermore, this Article shall not be construed as requiring the City Auditor to investigate allegations of violations of this Article submitted via the Fraud, Waste, or Abuse hotline. (b) Conflicts Log. The City Auditor’s Office shall, in cooperation with the City Secretary’s Office, maintain a Conflicts Log on an ongoing basis listing the Conflicting Interests disclosed by City Officials in accordance with this Article. The log is a public record. The City Auditor is neither authorized nor required to inspect or act upon the content of the Conflicts Log. (c) City Manager. If a Complaint accuses the City Auditor of violating this Article, the duties of the City Auditor under this Article shall be performed by the City Manager for purposes of processing that Complaint. Page 11 of 20 Sec. 2-275. Legal Counsel (a) City Attorney. The City Attorney shall provide legal support to the City Auditor and the Board of Ethics in the administration of this Article. Nothing herein shall be construed to limit the authority of the City Attorney to render legal guidance in acco rdance with the City Attorney’s professional obligations and standards. (b) Special Counsel. Independent, outside legal services shall be engaged by the City Attorney on the City’s behalf to provide legal support to the City Auditor and the Board of Ethics when: (1) in the City Attorney’s discretion it is necessary in order to comply with the Texas Disciplinary Rules of Professional Conduct (for lawyers), or is in the best interest of the City; or (2) when the City Council deems Special Counsel is necessary; or (3) when action is being taken by the Board of Ethics regarding any council member. Sec. 2-276. Training (a) Curriculum. The City Auditor shall approve a training program that provides an introduction and overview of the expectation, mandates, and prohibitions provided for by this Article. (b) Orientation. City Officials shall complete a training session regarding this Article within ninety (90) days of commencing their official duties. (c) Annual. City Officials shall complete an annual training session regarding this Article. (d) Exiting Officials. Information shall be provided to City Officials terminating their City service regarding the continuing restrictions on the representation of others by certain former City Officials. Sec. 2-277. Board of Ethics (a) Creation. There is hereby created a Board of Ethics for the City of Denton. (b) Appointment. The Board of Ethics shall be appointed by majority vote of the City Council. (c) Number. The Board of Ethics shall consist of seven (7) regular members, and three (3) alternate members. (d) Terms. Board of Ethics members (regular and alternates) shall be appointed for two (2) year, staggered terms. Members may be reappointed for successive terms. Appointment to fill a vacancy shall be for the remainder of the unexpired term. Members of the inaugural Board of Ethics shall draw straws to determine which three (3) members shall receive an initial term of one (1) year in order to stagger terms. In total, members may only serve three (3) consecutive terms. A member may be reappointed no sooner than one (1) year after expiration of a previous term. Page 12 of 20 (e) Eligibility. Membership on the Board of Ethics is limited to residents of the City of Denton. Preference in appointments shall be given to professionals such as attorneys, architects, engineers, doctors, teachers, pastors, mediators, retired jurists, licensed professional counselors, and those with licenses demonstrating high levels of education or master craftsmanship in the building trades. The Board shall be comprised of at least three (3) members who are attorneys or retired jurists. (f) Ineligibility. The following shall disqualify a person from serving on the Board of Ethics: (1) current service as a City Official; (2) separation from city service as a City Official within two (2) years of the appointment; (3) familial relations to a City Official within the third (3rd) degree of affinity (marriage) or consanguinity (blood or adoption); (4) current service as an elected official in Denton County; and / or (5) conviction of a felony or crime of moral turpitude. (g) Alternates. Alternate members of the Board of Ethics shall attend meetings only upon request by the City Auditor’s Office. The role of an alternate is to participate in meetings of the Board of Ethics as a replacement for a regular member who is absent or abstaining. (h) Scope of Authority. The Board of Ethic’s jurisdiction shall be limited to implementation and enforcement of this Article, and shall include the authority to administer oaths and affirmations, issue and enforce limited subpoenas to compel the attendance of witnesses and the production of testimony, evidence, and/or documents as is reasonably relevant to the Actionable Complaint, as provided by the City Charter. The issuance and enforcement of subpoenas shall be only upon a majority vote of the Board of Ethics, in accordance with the Rules of Procedure, and enforcement shall be through any of the Sanction options listed herein. (i) Amendments. The Board of Ethics may recommend amendments to this Article. A recommendation from the Board of Ethics is not required for the City Council to exercise its discretion in amending this Article. (j) Officers. At the first meeting of each fiscal year the Board of Ethics shall select from among its members a Chairperson and Vice-Chairperson. (k) Rules of Procedure: The Board of Ethics shall adopt rules of procedure governing how to conduct meetings and hearings. Such procedural rules are subject to confirmation or modification by the City Council. (l) Removal: The City Council may, by a vote of two-thirds (2/3), remove a member of the Board of Ethics for cause. Justifications warranting removal for cause shall include neglect of duty, incompetence, gross ignorance, inability or unfitness for duty, or disregard of the Code of Ordinances. Sec. 2-278. Advisory Opinions Page 13 of 20 (a) Requests. Any City Official may request an Advisory Opinion on a question of compliance with this Article. Requests shall be submitted in writing to the City Auditor, who shall assign the request to a Panel or Special Counsel. (b) Issuance. A Panel of the Board of Ethics shall issue Advisory Opinions upon request. Advisory Opinions shall be issued within thirty (30) days of receipt of the request. This time limitation is tolled and shall not run until the Board of Ethics is empaneled and its Rules of Procedure are confirmed by the City Council. (c) Reliance. It shall be an affirmative defense to a Complaint that the AccusedRespondent relied upon an Advisory Opinion. In making a determination on the proper disposition of a Complaint, the Board of Ethics may dismiss the Complaint if the Board finds that: (1) the AccusedRespondent reasonably relied in good faith upon an Advisory Opinion; (2) the request for an Advisory Opinion fairly and accurately disclosed the relevant facts; and (3) less than five (5) years elapsed between the date the Advisory Opinion was issued and the date of the conduct in question. Sec. 2-279. Complaints (a) Complainants. Any person who has first-hand knowledge that there has been a violation of Sections 2-272 and 2-273 of this Article may allege such violations by submitting a Complaint. The persons who may submit Complaints includes (but is not limited to) members of the Board of Ethics. (b) Form. Complaints shall be written on, or accompanied by, a completed form promulgated by the City Auditor. (c) Contents. A Complaint filed under this section must be in writing, under oath, must set forth in simple, concise, direct statements, and state: (1) the name of the Complainant; (2) the street or mailing address, email address, and the telephone number of the Complainant; (3) the name of each person AccusedRespondent of violating this Article; (4) the position or title of each person AccusedRespondent of violating this Article; (5) the nature of the alleged violation, including (whenever possible) the specific provision of this Article alleged to have been violated; (6) a statement of the facts constituting the alleged violation and the dates on which, or period of time in which, the alleged violation occurred; and (7) all documents or other material available to the Complainant that are relevant to the allegation. Page 14 of 20 (d) Violation Alleged. The Complaint must state on its face an allegation that, if true, constitutes a violation of this Article. (e) Affidavit. A Complaint must be accompanied by an affidavit stating that the Complaint is true and correct or that the Complainant has good reason to believe and does believe that the facts alleged constitute a violation of this Article. The Complainant shall swear to the facts by oath before a Notary Public or other person authorized by law to administer oaths under penalty of perjury. (f) Limitations Period. To be accepted, a Complaint must be brought within six (6) months of the Complainant becoming aware of the act or omission that constitutes a violation of this Article. A Complaint will not be accepted more than two (2) years after the date of the act or omission. Notwithstanding the foregoing, nothing in this subsection shall be construed to extend the one (1) year limitation of activity applicable to Former City Officials. The time for filing a Complaint regarding an alleged violation of this Article where the alleged violation occurred after the Effective Date but before the Board of Ethics is empaneled shall be tolled and not begin to run until such time as the Board of Ethics is empaneled and its Rules of Procedure are confirmed by the City Council. (g) Filing. Complaints shall be submitted to the City Auditor. Submission of Complaints may be made by hand delivery, U.S. Mail, or email directed to an email address publicly listed by the City Auditor. (h) Acceptance of Complaint. Within five (5) business days of receiving a Complaint, the City Auditor shall determine if it is administratively complete and timely. (1) Administratively Complete. A Complaint is administratively complete if it contains the information described above. If the Complaint is administratively complete, the City Auditor shall proceed as described in this Article. If the Complaint is incomplete, the City Auditor shall send a written deficiency notice to the Complainant identifying the required information that was not submitted. The Complainant shall have ten (10) business days after the date the City Auditor sends a deficiency notice to the Complainant to provide the required information to the City Auditor, or the Complaint is automatically deemed abandoned and may not be processed in accordance with this Article. Within five (5) business days of a Complaint being abandoned, the City Auditor shall send written notification to the Complainant and the AccusedRespondent. (2) Timely. To be timely, a Complaint must be brought within six (6) months of the Complainant becoming aware of the act or omission that constitutes a violation of this Article. A Complaint will not be accepted more than two (2) years after the date of the act or omission. (i) Notification of Acceptance. Within five (5) business days of determining that a Complaint is administratively complete and timely, the City Auditor shall send a written notification of acceptance to the Complainant, the AccusedRespondent, and the City Attorney; and a copy of the complaint to the Respondent/Accused. Page 15 of 20 For purposes of this provision, a Complaint shall be considered Accepted when the City Auditor has deemed the submittal administratively complete and timely. (j) Confidentiality. A Complaint that has been submitted to the City is he reby deemed confidential until such time as the Complaint is either dismissed or placed on an agenda for consideration by the Board of Ethics in accordance with this Article. Clerical and administrative steps shall be taken to identify and manage confidential information in accordance with this Article. The confidentiality created by this Article includes the fact that a Complaint was submitted and the contents of that Complaint. It shall be a violation of this Article for a City Official to publicly disclose information relating to the filing or processing of a Complaint, except as required for the performance of official duties or as required by law. Requests for records pertaining to Complaints shall be responded to in compliance with the State law. The limited confidentiality created by this Article is limited in scope and application by the mandates of the Texas Public Information Act, Chapter 552 of the Texas Government Code. (k) Ex Parte Communications. After a Complaint has been filed and during the pendency of a Complaint before the Board of Ethics, it shall be a violation of this Article: (1) for the Complainant, the AccusedRespondent, or any person acting on their behalf, to engage or attempt to engage directly or indirectly about the subject matter or merits of a Complaint in ex parte communication with a member of the Board of Ethics or any known witness to the Complaint; or (2) for a Member of the Board of Ethics, to knowingly allow an ex parte communication about the subject matter or merits of a Complaint, or to communicate about any issue of fact or law relating to the Complaint directly or indirectly with any person other than a Member of the Board of Ethics, the City Auditor’s office, the City Attorney's office, or Special Counsel. (l) Retaliation Prohibited. After a Complaint has been filed, and during or after the pendency before the Board of Ethics, it shall be a violation of this Article: (1) For a City Official, Former City Official, or Vendor to directly or indirectly discriminate against, harass, threaten, harm, damage, penalize, or otherwise retaliate against any person who: (A) Files a complaint regarding an alleged violation of this Article, or (B) Testifies, assists, or participates in any manner in a proceeding or hearing under this Article. (2) The outcome of the original ethics complaint shall not be deemed relevant to the complaint of retaliation itself. Sec. 2-280. Preliminary Assessment Page 16 of 20 (a) Referral to Chairperson. Accepted Complaint(s) shall be referred to the Chairperson of the Board of Ethics within five (5) business days of being determined administratively complete. (b) Assignment of Panel. Within five (5) business days of receiving an Accepted Complaint, the Chairperson of the Board of Ethics shall assign the Complaint to a Panel for Preliminary Assessment. The Chairperson shall order a meeting of the Panel, which shall be conducted in compliance with the Texas Open Meetings Act. Each Panel shall select a Presiding Officer to conduct Panel deliberations. (c) Panel Determination. Within ten (10) business days of being assigned an Accepted Complaint, the Panel shall review the Complaint on its face and determine whether the Complaint is: (1) Actionable: the allegations and evidence contained in the Complaint, if true, would constitute a violation of this Article. (2) Baseless: the allegations and evidence contained in the Complaint, if true, would not constitute a violation of this Article. Actionable Complaints shall be returned to the Chairperson for listing on an agenda for a public hearing. Baseless Complaints shall be dismissed. Written notification of the Panel’s determination shall be filed with the City Auditor and sent to the Chairperson, Complainant, the AccusedRespondent, and the City Attorney within two (2) business days. Written notifications of dismissal shall include notice of the right to appeal. (d) Appeals. A Panel’s preliminary assessment under this Section 2-280 may be appealed to the Board of Ethics by either the Complainant or the AccusedRespondent, as applicable. An appeal shall be perfected by filing a written notice of appeal with the City Auditor within ten (10) business days of the date of the written notification. Sec. 2-281. Meetings (a) Calling Meetings. Meetings of the Board of Ethics shall be called upon request of the Chairperson, three (3) members, or the City Auditor. (b) Quorum. The quorum necessary to conduct meetings of the Board of Ethics shall be four (4). The Chairperson (or acting chairperson) shall count toward the establishment of a quorum and retains the right to vote. (c) Hearings: (1) Scheduling: Hearings shall be scheduled by the City Auditor upon the filing of: (A) a Panel determination that a Complaint is Actionable; or (B) an Appeal challenging a Panel’s dismissal of a Complaint as Baseless. (2) Purpose: The purpose of the hearing(s) shall be solely to determine whether: (A) a violation of this Article occurred, and if so to assess the appropriate sanction; Page 17 of 20 (B) an Accepted Complaint was erroneously dismissed as Baseless by a Panel; and/ or (C) an Accepted Complaint is Frivolous. (3) Sworn Testimony: All witness testimony provided to the Board of Ethics shall be under oath. (4) Burden of Proof: Because the burden of showing that a violation of this Article occurred is placed on the Complainant, it is the Complainant that has the obligation to put forth evidence, including testimony, supporting the Complaint. The Complainant is required to testify at the hearing. A Complainant’s failure to testify at a hearing shall be grounds for dismissal of a Complaint. (5) Representation: The AccusedRespondent shall have a right to present a defense. Both the Complainant and the Accuser have a right to be represented by legal counsel. (d) Open Meetings. All meetings and hearings of the Board of Ethics, including Panel deliberations, shall be conducted pursuant to the Texas Open Meetings Act. The Board of Ethics may convene in Executive Session (i.e., conduct a closed meeting) as allowed by the Act. All final actions of the Board of Ethics shall take place in open session. (e) Postponement in Certain Instances. (1) Board: Proceedings may be postponed upon majority vote by the members of the Board of Ethics. (2) Parties: The Complainant and the AccusedRespondent are each entitled to one (1) postponement without cause. Additional postponements shall be solely for good cause and at the discretion of the Board of Ethics. (3) Criminal Proceedings: If a Complaint alleges facts that are involved in a criminal investigation or a criminal proceeding before a grand jury or the courts, the Board of Ethics may, when a majority of its members deem appropriate, postpone any hearing or any appeal concerning the Complaint until after the criminal investigation or criminal proceedings are terminated. Sec. 2-282. Disposition (a) Dismissal. If the Board of Ethics determines at the conclusion of a hearing by simple majority vote of its members that a Complaint should be dismissed, it may do so upon finding: (1) the Complaint is Baseless; (2) the alleged violation did not occur; (3) the AccusedRespondent reasonably relied in good faith upon an Advisory Opinion, as provided in this Article; or Page 18 of 20 (4) the Complainant failed to testify at the hearing. (b) Sanctions. If the Board of Ethics determines by simple majority vote of those present and voting at the conclusion of a hearing that a violation has occurred, it may within ten (10) business days impose or recommend any of the following sanctions: (1) L etter of Notification. If the violation is clearly unintentional, or when the Accuser's action was made in reliance on a written Advisory opinion, a letter of notification shall advise the AccusedRespondent of any steps to be taken to avoid future violations. (2) Letter of Admonition. If the Board of Ethics finds that the violation is minor and may have been unintentional, but calls for a more substantial response than a letter of notification. (3) Letter of Reprimand. If the Board of Ethics finds that the violation: (A) was minor and was committed knowingly, intentionally, or in disregard of this Article; or (B) was serious and may have been unintentional. (4) Recommendation of Suspension. I f the Board of Ethics finds that a violation was committed by a member of the Planning & Zoning Commission, Zoning Board of Adjustment, Board of Ethics, Public Utilities Board, Historic Landmark Commission, or a Department Head, and it: (A) was serious and was committed knowingly, intentionally, or in disregard of this Article or a state conflict of interest law; or (B) was minor but similar to a previous violation by the Person, and was committed knowingly, intentionally or in disregard of this Article. The final authority to impose a suspension rests with the City Council. (5) Ineligibility. If the Board of Ethics finds that a Vendor has violated this Article, the Board may recommend to the City Manager that the Vendor be deemed ineligible to enter into a City contract or other arrangement for goods, services, or real property, for a period of one (1) year. Notice of all sanctions imposed by the Board of Ethics shall be transmitted to the AccusedRespondent, Complainant, City Auditor, City Attorney, and City Council. (c) Frivolous. (1) Prohibition. It is a violation of this Article for a Person to submit a Frivolous Complaint. Page 19 of 20 (2) Super-Majority Vote. If the Board of Ethics determines at the conclusion of a hearing by a vote of two-thirds (2/3) of its Members that a Complaint was Frivolous, the Board may impose a sanction as provided by Section 2-282(b). (3) Factors. In making a determination on frivolity, the Board of Ethics shall consider the following factors: (A) the timing of the sworn Complaint with respect to when the facts supporting the alleged violation became known or should have become known to the Complainant, and with respect to the date of any pending election in which the AccusedRespondent is a Candidate or is involved with a candidacy, if any; (B) the nature and type of any publicity surrounding the filing of the sworn Complaint, and the degree of participation by the Complainant in publicizing the fact that a Complaint was filed; (C) the existence and nature of any relationship between the AccusedRespondent and the Complainant before the Complaint was filed; (D) if the AccusedRespondent is a Candidate for Election to Office, the existence and nature of any relationship between the Complainant and any Candidate or group opposing the AccusedRespondent; (E) any evidence that the Complainant knew or reasonably should have known that the allegations in the Complaint were groundless; and (F) any evidence of the Complainant's motives in filing the Complaint. (4) External Remedies. Complainants who submit Frivolous Complaints are hereby notified that their actions may subject them to criminal prosecution for perjury (criminal prosecution), or civil liability for the torts of defamation or abuse of process. Sec. 2-283. Reconsideration The Complainant or AccusedRespondent may request the Board of Ethics to reconsider its decision. The request must be filed with the City Auditor within five (5) business days of receiving the final opinion of the Board of Ethics. The request for reconsideration shall be sent to the Chairperson of the Board of Ethics and the non-filing party (Complainant or AccusedRespondent). If the Chairperson finds, in the Chairperson’s sole discretion, that the request includes new evidence that was not submitted at a prior hearing, and that the new evidence bears directly on the Board of Ethic’s previous determination, the Chairperson shall schedule a hearing on the request for reconsideration to occur within thirty (30) business days after filing with the City Auditor. Absent new evidence, the Chairperson shall unilaterally dismiss the request for reconsideration and provide notice to the Parties. Sec. 2-284. Nepotism Page 20 of 20 (a) City Council. No Person shall be employed by the City who is related to any member of the City Council within the third (3rd) degree of affinity or consanguinity. (b) Department Supervisor. No Person shall be employed by the City in a department if the Person is related to the City Manager or the department supervisor within the third (3rd) degree of affinity or consanguinity. (b) Preexisting Employment. The prohibitions of this Section do not apply to a Person who was employed by the City more than six (6) months prior. Sec. 2-285. General Procedural Matters (a) Deadlines. Any deadline provided in this Article shall be construed as expiring at 5:00 p.m. local time on the last day. (b) Mailbox Rule. Under this Article, a deadline for any response or request for appeal is met when the date the response or request for appeal is mailed falls within the timeline requirements of this Article. The posted date of any mailing will control whether it meets the timeline requirements of this Article. Sec. 2-286. Lobbyists [reserved] Changes to Ethics Ordinance City Auditor’s Office October 22, 2019 1 Background •Ethics Board recognized a need for making certain changes to the Ethics Ordinance. •According to section 2-277 of the ordinance, the board presented preliminary changes to the City Council on July 16, 2019. •The Board dropped proposals to prohibit candidates for Denton’s elected public office from serving on the board and filling vacancies within 30 days. Page 2 of 6LegistarID: 19-1952 Purpose •The Board has finalized changes. •The Board seeks the City Council approval to codify these changes. 3 Legistar ID: 19-1952 Page 3 of 6 Proposed Changes •Roles of the City Attorney and External Special Counsel •Accused vs Respondent •Making complaint available to Respondent •Protection to Whistleblower •Clarifying term “relative.” •Removal of section 2-284 (b) Page 4 of 6LegistarID: 19-1952 of Future Actions •Discussion on conflict of interest and any other provisions to continue •Further proposed changes to the ordinance will be presented when finalized Page 5 of 6LegistarID: 19-1952 of Questions? City Auditor’s Office Page 6 of 6LegistarID: 19-1952 City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 19-2239,Version:1 AGENDA CAPTION Receive a report, hold a discussion and give staff direction regarding the Board of Ethics recommended amendments to the Board of Ethics Rules of Procedure Ordinance. City of Denton Printed on 10/15/2019Page 1 of 1 powered by Legistar™ City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Internal Audit CITY AUDITOR: Umesh Dalal DATE: October 22, 2019 SUBJECT Receive a report, hold a discussion and give staff direction regarding the Board of Ethics recommended amendments to the Board of Ethics Rules of Procedure Ordinance. BACKGROUND Proposition D was approved in a City of Denton Charter Election on November 7, 2017 providing for the creation of an Ethics Ordinance. The Denton City Council adopted Ethics Ordinance 18 -757 on May 1, 2018 in order to increase public confidence and provide a framework to encourage ethical behavior. In July of 2018, the ten members of the Board of Ethics (Board) were ap pointed and sworn into office. At the time of creation of the ordinance, it was expected that the Ordinance w ould need amendments after gaining more experience with the implementation. Section 2-277 (i) authorizes the Board of Ethics to recommend amendments to the Ethics Ordinance. Section 2-277(k) mandated the Board of Ethics to adopt rules of procedure governing how to conduct meetings and hearings, and such rules are subject to confirmation or modification by the City Council. Ordinance 18 -1839 was adopted on November 6, 2018 codifying the Board of Ethics Rules of Procedure. In a meeting on September 11, 2019, the Board of Ethics agreed unanimously to the amendments to the Rules of Procedure presented in the October 7, 2019 Letter of Recommendations for City Council for consideration. Any additional changes will be presented to the City Council as the Board continues their discussions in future meetings. PRIOR ACTION/REVIEW (Council, Boards, Commissions) N/A RECOMMENDATION The Board of Ethics is recommending the outlined amendments in the Letter of Recommendations dated October 9, 2019 to the Ethics Board Rules of Procedure Ordinance 18-1839. EXHIBITS 1. Agenda Information Sheet 2. Letter of Recommendations 3. Ordinance Respectfully submitted: Umesh Dalal; 940-349-8158 City Auditor City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com ORDINANCE NO. 19- AN ORDINANCE OF THE CITY OF DENTON CONFIRMING THE PROPOSED AMENDMENTS TOING THE BOARD OF ETHICS’ RULES OF PROCEDURE AS REQUIRED BY THE CODE OF ORDINANCES, CHAPTER 2, ARTICLE XI, SECTION 2-277(k); PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 1, 2018, the City Council of the City of Denton passed Ordinance Number 18- 757 creating a new Article XI to Chapter 2 of the Code of Ordinances (the “Ethics Ordinance”); and WHEREAS, Section 2-277(k) of the Ethics Ordinance obligates the Board of Ethics to adopt rules of procedure governing how to conduct meetings and hearings, and such rules are subject to confirmation or modification by the City Council; and WHEREAS, the Board of Ethics approved the attached procedural rules on September 17, 2018, finding them to be reasonable, prudent, and necessary to conduct efficient, effective, and fair meetings and hearings; and WHEREAS, the City Council held a Work Session on October 23, 2018 to consider the Board of Ethics’ rules of procedure subsequently confirmed the rules of procedure through Ordinance Number 18- 1839 on November 6, 2018; and WHEREAS, during the past year, the Board of Ethics has been operating under the Rules of Procedure and held several work sessions to discuss potential amendments; and WHEREAS, the Board of Ethics has recommended certain amendments to the City Council for confirmation, which were presented in a Work Session on _______________; and WHEREAS, the City Council finds the attached amendments to be reasonable, prudent, and necessary to conduct efficient, effective, and fair meetings and hearings; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. FINDINGS OF FACT. The foregoing recitals are incorporated into this Ordinance by reference as findings of fact as if expressly set forth herein. SECTION 2. CONFIRMATION OF AMENDMENT. That the Code of Ordinances of the City of Denton, a Texas home-rule municipal corporationThe City Council hereby confirms the amendments to the attached Rules of Procedure for the Board of Ethics, pursuant to the Code of Ordinances, Chapter 2, Article XI, Section 2-277(k), is hereby amended by the revisions as providedshown in Attachment A, attached hereto and incorporated into this Ordinance, with the deleted text struck-through, the new text shown as underlined, and the retained portion shown in normal type. All other provisions of the Rules of Procedure remain in full force and effect. SECTION 3. SEVERABILITY. Should any of the clauses, sentences, paragraphs, sections, or parts of this Ordinance be deemed invalid, unconstitutional, or unenforceable by a court of law or administrative agency with jurisdiction over the matter, such action shall not be construed to affect any other valid portion of this Ordinance. SECTION 4. EFFECTIVE DATE. This ordinance shall be effective immediately upon its passage and approval. The motion to approve this ordinance was made by __________________________ and seconded by _________________________________, the ordinance was passed and approved by the following vote [___ - ___]: Aye Nay Abstain Absent Mayor, Chris Watts: ______ ______ ______ ______ Gerard Hudspeth, District 1: ______ ______ ______ ______ Keely G. Briggs, District 2: ______ ______ ______ ______ Jesse Davis, District 3: ______ ______ ______ ______ John Ryan, District 4: ______ ______ ______ ______ Deb Armintor, At Large Place 5: ______ ______ ______ ______ Paul Meltzer, At Large Place 6: ______ ______ ______ ______ PASSED AND APPROVED this the _________ day of ___________________, 20189. __________________________________ CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: __________________________________ JLD rev 9-13-19 DRAFT REVISION “N” September 13, 2019 Rules of Procedure for Conducting Meetings & Hearings City of Denton, Texas Board of Ethics A. GENERAL......................................................................................................................................... 4 1. CONFIDENTIALITY .............................................................................................................. 4 2. EX PARTE ................................................................................................................................ 4 3. AMENDMENTS……………………………………………………………………………………………4 B. MEETINGS ...................................................................................................................................... 4 C. ADVISORY OPINION .................................................................................................................... 5 D. PRELIMINARY ASSESSMENTS .............................................................................................. 65 E. HEARINGS ....................................................................................................................................... 6 1. Preliminary Hearing .......................................................................................................... 6 2. Evidentiary Hearing .......................................................................................................... 6 3. Scheduling / Calling ......................................................................................................... 76 4. Purpose ................................................................................................................................... 7 5. Authority of Chair ................................................................................................................ 7 6. Call to Order .......................................................................................................................... 7 7. Recusals ............................................................................................................................... 87 8. Enter Appearance of the Parties ................................................................................. 87 9. Procedural Request ............................................................................................................ 8 10. Evidence & Witnesses ..................................................................................................... 8 11. Subpoena .......................................................................................................................... 98 12. Exhibits ................................................................................................................................. 9 13. Decorum .............................................................................................................................. 9 14. Sworn Testimony .............................................................................................................. 9 15. Order of Presentaions .............................................................................................. 109 16. Statement....................................................................................................................... 109 17. Presentation of Evidence ......................................................................................... 109 18. Witness Tesimoney ................................................................................................... 109 19. Legal Representation ................................................................................................... 10 20. Time Limitations ......................................................................................................... 110 TABLE OF CONTENTS City of Denton Draft Revision “N” Board of Ethics Rules of Procedure September 13, 2019 Page 2 21. Closing of Statements ................................................................................................ 110 22. Closing of Hearing ....................................................................................................... 110 23. Executive Session ........................................................................................................ 110 24. Deliberation .................................................................................................................. 110 25. Reliability of Evidence ................................................................................................. 11 26. Burden of Proof .............................................................................................................. 11 27. Determinations ........................................................................................................... 121 28. ReconsiderationAlternate Members ................................................................... 121 City of Denton Draft Revision “N” Board of Ethics Rules of Procedure September 13, 2019 Page 3 CITY OF DENTON BOARD OF ETHICS RULES OF PROCEDURE FOR MEETINGS & HEARINGS City of Denton Draft Revision “N” Board of Ethics Rules of Procedure September 13, 2019 Page 4 1. CONFIDENTIALITY 2. EX PARTE The City of Denton shall strive to maintain a level of confidentiality during the preliminary phases of processing Complaints in order to avoid unduly tarnishing of peoples’ reputations while striving to provide due process. Confidentiality shall be limited by law, i ncluding the Texas Public Information Act. Under the Code of Ethics, a Complaint submitted to the City is confidential until it is either dismissed or placed on an agenda subject to Code of Ethics Section 2-279(i).. The Board of Ethics shall maintain the confidentiality of any document it receives that is categorized as being subject to common law privacy as defined by Section 552.101 of the Texas Government Code; trade secrets, audit working papers, certain commercial or financial information as defined by Section 552.110 of the Texas Government Code; confidentiality of certain private communications of elected officers as defined by Section 552.109 of the Texas Government Code; and all other information considered confidential and protected under the Texas Public Information Act or other law, as applies to Section 552.022 of the Government Code. Code of Ethics §2-279(j),(ij). The Complainant and the RespondentAccused are prohibited by the Code of Ethics from communicating (directly or indirectly) about the subject matter or merits of the Complaint, or any issue of law or fact about a Complaint, with the Board, any of its members, or witnesses identified in the Complaint (or filed supplements). Similarly, the Board is prohibited from communicating about the subject matter or merits of a Complaint, or any issue of law or fact about a Complaint with the parties or other persons (except for members of the Board, the City Auditor’s Office, City Attorney’s Office, or Special Counsel). The Board of Ethics may recommend amendments to City of Denton Code of Ordinances, Chapter 2, Article XI, or to its own Rules of Procedure to the City Council by a simple majority vote. Code of Ethics §2-279(k). A. GENERAL 30. AmendmentsMENDMENTS City of Denton Draft Revision “N” Board of Ethics Rules of Procedure September 13, 2019 Page 5 RAL 1. Calling Meetings. Board meetings shall be called by the Chairperson, or upon request of three (3) board members, or the City Auditor, at least annually. 2. Call to Order. The Chairperson shall call the hearing to order, announce the time the hearing is called to order, and state whether a quorum of the board is present. The quorum is four (4) board members, which can include the Chairperson. 3. Open Meetings. Board meetings shall be conducted in compliance with the Texas Open Meetings Act. 4. Adjournment. Meetings of the Board may be adjourned by the Chairperson’s initiative or upon vote of a majority of the members. 5. Alternate Members. Alternate members of the Board of Ethics shall attend meetings only upon request by the City Auditor’s Office. The role of an alternate is to participate in meetings of the Board of Ethics as a replacement for a regular member who is absent or abstaining. 6. Notice of Absence or Abstainment. Upon receipt of an agenda for meeting or hearing, each member of the Board shall immediately (within twenty-four (24) hours) inform the City Auditor if the member is planning to: (a) not attend; or (b) abstain from participation. The matter of determining which alternate shall be designated to attend a hearing shall be at the discretion of the Chairperson. Code of Ethics §2-281, §2-277(g). 4. 1. Assignment. The City Auditor shall refer requests to either a Panel or to Special Counsel. Panels shall be designated by the Chairperson consisting of three (3) board members on a rotating basis. Three (3) board members must be in attendance. 2. Calling Meetings. Panel meetings shall be called by the City Auditor. 3. Open Meetings. Panel meetings shall be conducted in compliance with the Texas Open Meetings Act. 4. Notice. The City Auditor shall send a written notification of the Panel meeting to the requesting City Official at least five (5) calendar days prior. 5. Participation. While the requesting City Official and other persons may attend the meeting, no testimony or public comments will be accepted. B. MEETINGS C. ADVISORY OPINION City of Denton Draft Revision “N” Board of Ethics Rules of Procedure September 13, 2019 Page 6 1. Preliminary Hearing 6. Scope. When assembled, Panels shall respond to a request for an Advisory Opinion by issuing written guidance regarding how the Code of Ethics applies (if at all) to a particular situation or behavior. The opinion may contain conclusions and / or recommendations. 7. Basis of Opinion. A Panel’s opinion shall be limited to the facts presented in writing by the requestor. No additional material will be considered. The opinion shall reflect the majority position of the Panel. 8. Deadline. A Panel must issue its Advisory Opinion within thirty (30) days of the City Auditor’s receipt of the request. Code of Ethics §2-278. 1. Assignment. The Chairperson shall designate panels consisting of three (3) board members on a rotating basis. 2. Calling Meetings. Panel meetings shall be called by the Chairperson. 3. Open Meetings. Panel meetings shall be conducted in compliance with the Texas Open Meetings Act. 4. Notice. The City Auditor shall send a written notification of the Panel meeting to the Complainant, the RespondentAccused, and the City Attorney at least five (5) calendar days prior. 5. Participation. While the Complainant, the RespondentAccused, and other persons may attend the meeting, no testimony or public comments will be accepted. 6. Scope. When assembled, Panels shall determine if a Complaint is Actionable or Baseless, as defined by the Code of Ethics. 7. Basis. A Panel’s review is limited to the contents of the Complaint. No extraneous information may be considered, unless the Panel wishes to review information as part of a consideration of the accuracy of the statements made in the Complaint in conjunction with the making of a recommendation that a hearing be first held on an accepted Complaint to determine if it may be frivolous. 7. Code of Ethics §2-280. If a Complaint proceeds to a hearing, the Board of Ethics may conduct a preliminary hearing to: D. PRELIMINARY ASSESSMENTS E. HEARINGS City of Denton Draft Revision “N” Board of Ethics Rules of Procedure September 13, 2019 Page 7 2. Evidentiary Hearing 3. Scheduling / Calling 4. Purpose (a) issue a subpoena requesting the production of data or other evidence from a City Official needed for the performance of the board’s duties and including the board’s exercise of its powers of investigation., subject to Section E(11) of these Rules. (b) rule on any procedural requests from the parties, such as Motions for Continuance. If a Complaint proceeds to a hearing, the Board of Ethics may: (a) allow witnesses to attend and testify; (b) admit evidence; and (c) make determinations. Hearings shall be scheduled by the City Auditor upon the filing of: (a) a Panel determination that a Complaint is Actionable; or (b) an Appeal challenging a Panel’s dismissal of a Complaint as Baseless. The City Auditor shall send a written notification of the hearing to the Complainant, the RespondentAccused, and the City Attorney at least seven (7) calendar days prior. Code of Ethics §2-281(c). The purpose of evidentiary hearing(s) shall be solely to determine whether: (a) a violation of the Code of Ethics occurred, and if so to assess the appropriate sanction; (b) an Accepted Complaint was erroneously dismissed as Baseless by a Panel; and/ or (c) an Accepted Complaint is Frivolous. The Chair will control discussion at all times so that only one (1) person speaks at a time. The Chair will enforce these rules through the following measures: (a) by calling a person to order, advising them of the rules and requesting compliance; (b) by ending a person’s opportunity to speak on an agenda item; and/or (c) by ordering a person to leave a meeting and barring the person’s presence during the remainder of the meeting. 5. Authority of Chair City of Denton Draft Revision “N” Board of Ethics Rules of Procedure September 13, 2019 Page 8 6. Call to Order 8. Enter Appearance of the Parties 9. Procedural Request 7. Recusals The Chair may reasonably extend time limits provided under these rules, either at their own discretion or by a simple majority vote of the Board. At the expiration of a party’s time, the chair shall ask the party if they feel they have had a full and fair hearing, and if they feel they have had an opportunity to present all of the relevant evidence and testimony in their hearing. The Chairperson shall call the hearing to order, announce the time the hearing is called to order, and state whether a quorum of the board is present. The chair shall identify the Complaint being considered by the board. At any point prior to the commencement of deliberations, members of the Board can recuse themselves. It is preferred that recusals be communicated to the Chairperson prior to a hearing so that alternate members can be designated. Grounds for recusal shall include prohibitions listed in City of Denton Code of Ordinances, Chapter 2, Article XI, Section 2-273(a) (Conflicts of Interest), or any other ethical basis deemed compelling by the recusing member. Board members shall recuse themselves if the City Council member who nominated them is a party to a Complaint pending before the Board member. The Chairperson shall call the parties to announce if they are present. If the Complainant is not present, the Chairperson shall dismiss the Complaint, close the hearing, and issue a Letter of Dismissal. All procedural motions that the Complainant or person charged in the complaint wishes the board to consider at the evidentiary hearing must be filed with the City Auditor’s Office at least four (4) calendar days prior to the evidentiary hearing. The board shall determine whether to grant requests that had not been submitted in time for the Preliminary Hearing. Within one (1) business day after receipt, the City Auditor’s Office will promptly forward the procedural motions to the board members, the city attorney’s office, and the opposing party. In addition to other procedural matters, the board may consider a request for a reset or continuance City of Denton Draft Revision “N” Board of Ethics Rules of Procedure September 13, 2019 Page 9 11. Subpoena 12. Exhibits 10. Evidence & Witnesses of a hearing. The board may also, on its own motion, reset or continue a hearing. At the beginning of the hearing, the board will consider and rule upon any such request and procedural motions. No later than by seven (7) calendar days prior to the hearing, the Board of Ethics shall in writing request the parties to submit to it the identities of their witnesses, briefly describing the matter each will be expected to testify about, and any sworn statements and documentary evidence they desire to be considered. The parties shall submit their aforementioned evidence to the City Auditor within the time specified in the notice (that being no less than four (4) calendar days prior to the hearing), who shall forward to the parties, Board members and the City Attorney no less than three (3) calendar days prior to the hearing. Periodically, the need for additional information may be needed when considering a Complaint. The Board of Ethics has the authority under the Code of Ethics to issue subpoenas for witnesses and/or records in furtherance of its investigatory and enforcement power under the Code. When deemed necessary by simple majority, the Board may issue subpoenas to City Officials compelling their attendance and/or their production of data or other evidence deemed relevant to the pending Complaint. The scope of the Board’s authority to subpoena records is limited to those under the direct control and in possession of City Officials. Subpoenas will not be issued for persons who would serve as character witnesses. The subpoena shall be on a form provided by the City Auditor’s Office. Service of subpoenas shall be by the City Auditor’s Office. The Board may consider a party’s failure to comply with a subpoena in its deliberations and/or exclude evidence related to the subject matter of the subpoena offered by the party which fails to comply. A record subpoenaed and produced under the Code of Ethics (as provided by the City Charter) that is otherwise privileged or confidential by law remains privileged or confidential and shall not be released to the public unless release is ordered by the Attorney General’s office in a ruling issued pursuant to Section 552.306 of the Texas Government Code or a court of competent jurisdiction. At the conclusion of all proceedings regarding a Complaint, records subpoenaed and produced that are otherwise privileged or confidential by law shall be returned to the producing source and all copies shall be destroyed in accordance with the City’s Records Retention Schedule. Code of Ethics §2-277(h). City of Denton Draft Revision “N” Board of Ethics Rules of Procedure September 13, 2019 Page 10 13. Decorum 14. Sworn Testimony 15. Order of Presentations 16. Opening Statement 17. Presentation of Evidence 18. Witness Testimony All exhibits submitted by the parties shall be numbered sequentially. Complainant’s exhibits shall be pre-marked with the letter “C” followed by a dash, followed by a number; for example, “C-1”. The RespondentAccused’s exhibits shall be pre-marked with the letter “A,” followed by a dash, followed by a number, for example “A-1”. Speakers must confine their remarks to the subject under discussion. Personal attacks and remarks are prohibited. Each witness before testifying at the final hearing shall be duly sworn by the Chair or Presiding Member. Code of Ethics §2-281(c)(3). Complainant shall open the presentation of the evidence and argument. RespondentAccused may then elect to present evidence and argument in response to the evidence presented to support its defense but will not be required to do so. Complainant shall be permitted to present rebuttal evidence on any defense raised in Respondent’s case presentation. Before presenting any evidence, each party shall present their positions with an initial statement in a narrative form including a summary of documents and witness testimony to be presented. Initial statements shall not exceed three (3) minutes. The parties may offer such evidence as is relevant and material to the complaint or any defense. All exhibits submitted in advance of the final hearing shall be admitted at the start of final hearing except those that the Board finds, after objection by a party, to be inadmissible as hearsay or speculative. Parties are restricted to evidence submitted in the board packet except if good cause is shown and granted by the majority of the Board members present. City of Denton Draft Revision “N” Board of Ethics Rules of Procedure September 13, 2019 Page 11 19. Representation 20. Time Limitations 21. Closing Statements 22. Closing of Hearing 23. Executive Session 24. Deliberations Parties may proffer testimony of their witnesses if the witness is present and available for further examination, if needed. Testimony of witnesses at hearing shall be in question and answer format. Opposing parties shall be permitted to cross-examine the witnesses. Members of the Board may question witnesses, subject to reasonable time limits imposed by the Chair. Questioning by the Board shall not count against a party’s allotted time. The parties may be accompanied or represented by legal counsel or another representative. A party’s representative may present evidence and conduct examination of witnesses. A party’s representative may not testify on behalf of a party. If a party designates a representative to present evidence on the party’s behalf, then only the representative may present evidence at the hearing (i.e., the party cannot also present evidence) (e.g., A witness offered by the Complainant can be questioned by the Complainant, or the Complainant’s representative, but not both). Nothing herein relieves the Complainant of the obligation to testify. Code of Ethics §2-281(c)(5). The parties shall be permitted thirty (30) minutes per side to present all their witness testimony, cross-examine opposing witnesses, and present documentary evidence unless otherwise modified by the Board. Each party shall be permitted five (5) minutes to make a closing statement summarizing what they believe the evidence at the final hearing proved or failed to prove. Complainant shall go first. Of the five (5) minutes allotted for closing, the Complainant may reserve a portion of that time to provide a rebuttal. Upon expiration of the timelines allotted and being satisfied that the record is complete, the Chairperson shall declare the hearing closed. If additional evidence is required, the Chairperson may seek to continue the hearing. The Board can go into executive session (i.e., conduct a closed-door meeting) at any point during a meeting or hearing in accordance with the Texas Open Meetings Act, pursuant to Texas Government Code § 551.071 (Consultation with Attorney), and/or § 551.074 (Personnel Matters). However, all decisions must be made in open session. City of Denton Draft Revision “N” Board of Ethics Rules of Procedure September 13, 2019 Page 12 25. Reliability of Evidence 26. Burden of Proof Upon the closing of a public hearing, the Board shall conduct deliberations. During deliberations, the Board may discuss the Complaint, any evidence and testimony that was submitted, and the opinions of the Board members about the credibility of the information before the Board, and the applicability of the Code of Ethics. Deliberations may be in open or closed session, but all decisions must be made in open session. The Board shall rely on evidence of which a reasonably prudent person commonly relies in the conduct of the person's affairs. The amount of weight given to any evidence or testimony shall solely be at the discretion of the Board. Because the burden of showing that a violation of the Code of Ethics occurred is placed on the Complainant, it is the Complainant that has the obligation to put forth evidence, including testimony, supporting the Complaint. The Complainant is required to testify at the hearing. A Complainant’s failure to testify at a hearing shall be grounds for dismissal of a Complaint. Code of Ethics §2-281(c)(4). Upon conclusion of deliberations, the Chairperson shall call for a motion. All votes will be voice vote, with the option for any member to request a roll call vote at any time. If at any point during any proceeding or hearing of the Board, the Board dete rmines that the complaint was erroneously accepted because it was filed more than two (2) years after the date of the act or omission (unless tolled pursuant to the ordinance), the Board shall dismiss the complaint and the Chairperson shall issue a Letter of Dismissal. The Board is obligated to render its decision (i.e., imposing or recommending a sanction) within ten (10) business days after the conclusion of a hearing at which the Board determined that a violation occurred. The dismissal of a Complaint for any other reason must be communicated by the Chairperson in a Letter of Dismissal which sets forth the reasons for the dismissal. Code of Ethics § 2-282(b). 27. Determinations 28. Reconsideration City of Denton Draft Revision “N” Board of Ethics Rules of Procedure September 13, 2019 Page 13 Requests for reconsideration shall follow the procedure established in City of Denton Code of Ordinances, Chapter 2, Article XI, Section 2-283. Alternate members of the Board of Ethics shall attend meetings only upon request by the City Auditor’s Office. The role of an alternate is to participate in meetings of the Board of Ethics as a replacement for a regular member who is absent or abstaining. Upon receipt of an agenda for meeting or hearing, each member of the Board shall immediately (within twenty-four (24) hours) inform the City Auditor if the member is planning to: (a) not attend; or (b) abstain from participation. The matter of determining which alternate shall be designated to attend a hearing shall be at the discretion of the Chairperson. Code of Ethics §2-277(g). The Board of Ethics may recommend amendments to City of Denton Code of Ordinances, Chapter 2, Article XI, or to its own Rules of Procedure to the City Council by a simple majority vote. 29. Alternate Members 30. Amendments Changes to Ethics Board Rules of Procedures City Auditor’s Office October 22, 2019 1 Background •Ethics Board recognized a need for making certain changes to the Ethics Ordinance, which led to changes in their rules of procedure. 2 of 6LegistarID: 19-2239 Purpose •The Board seeks the City Council approval to these changes 3 Legistar ID: 19-2239 3 of 6 Proposed Changes The Board recommends some changes for clarity such as: •Move out the Amendments and Alternate Members sub - sections out of section related to Hearing •Fix pagination •Add cites to the Ordinance where missing 4 Legistar ID: 19-2239 4 of 6 Proposed Changes •Change Legal Representation to Representation in table of contents section E19. •Change throughout the rules of procedures “Accused” to “Respondent.” 5 Legistar ID: 19-2239 5 of 6 Questions? City Auditor’s Office 6 of 6LegistarID: 19-2239 City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 19-2038,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding an internal audit of the Police Overtime Process. City of Denton Printed on 10/15/2019Page 1 of 1 powered by Legistar™ City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Internal Audit CITY AUDITOR: Umesh Dalal DATE: October 22, 2019 SUBJECT Receive a report, hold a discussion, and give staff direction regarding an internal audit of Police Overtime. BACKGROUND Annually, the City of Denton’s Police Department records about 30,000 overtime hours. About 80% of these hours are regular overtime incurred in the course of doing the Department’s functions. We have completed an audit of Police overtime as scheduled on the FY18-19 audit plan. This report is intended to provide assurance that the City’s resources are being used economically and efficiently by evaluating the effectiveness of controls over Police Department overtime. RECOMMENDATION The City Auditor’s Office recommends approval of the Audit of Police Overtime. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On August 20, 2019 the Audit/Finance Committee received a report on the Police Overtime Audit and recommended moving this item forward for the City Council’s consideration. EXHIBITS 1. Agenda Information Sheet 2. Audit Response Cover Letter 3. Audit of Police Overtime 4. Presentation Respectfully submitted: Umesh Dalal, 940-349-8158 City Auditor Prepared by: Madison Rorschach, 940-349-7228 Staff Auditor City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Audit Response Cover Letter Police Overtime Audit OUR CORE VALUES Integrity  Fiscal Responsibility  Transparency  Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 August 13, 2019 City Auditor Acknowledgement The City Auditor’s Office has completed a performance audit of the Police Department’s overtime process. We conducted this performance audit in accordance with generally accepted government auditing standards. Those standards require that we plan and perform the audit to obtain sufficient, appropriate evidence to provide a reasonable basis for our findings and conclusions based on our audit objectives. We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based on our audit objectives. City Attorney’s Office Acknowledgement The City Attorney’s Office was not engaged in this audit as no legal opinions were requested. Police Department Acknowledgement The Police Department has reviewed the Auditor’s report and generally concurs with the recommendations. Most of the issues identified have already been addressed or are in the process of being addressed. The Police Department is committed to maintaining compliance with overtime policies, procedures and operational controls. City Manager’s Office/Review Team Acknowledgement The City Manager’s Office and Police Department have had an opportunity to provide input, respond to and review the Police Overtime Audit findings being shared with the Audit & Finance Committee and City Council. As noted in the Police Department’s management response, steps are being made to notify personnel of current overtime procedures and an updated policy manual is being completed for the department. AUDIT OF POLICE OVERTIME ABSTRACT Police overtime is generally calculated appropriately, and monitoring has improved overtime; however, effectiveness is hindered by some practices. This audit recommends improvements to increase supervisor review. City Auditor’s Office The City of Denton Internal Audit Report Audit of Police Overtime October 2019 Page2 Table of Contents Executive Summary ............................................................................................................................ 3 Introduction ...................................................................................................................................... 4 Management Responsibility ..................................................................................................................... 4 Audit Objectives, Scope, and Methodology.............................................................................................. 4 What Works Well? ............................................................................................................................. 5 Police Overtime is Calculated According to Policy .................................................................................... 5 Internal Overtime Monitoring Has Improved ........................................................................................... 6 Opportunities for Improvement ......................................................................................................... 7 Police Payroll Duties Are Not Appropriately Segregated .......................................................................... 7 Not All Overtime is Approved Appropriately ............................................................................................ 8 Police Overtime Policy Changes Should Be Made to Align with Best Practices........................................ 9 Appendix A: Management Response Summary ................................................................................. 11 The City of Denton Internal Audit Report Audit of Police Overtime October 2019 Page3 Executive Summary Honorable Mayor and members of the City Council, The City Auditor’s Office has completed a performance audit of the Police Department’s overtime process. Annually, the City of Denton’s Police Department records about 30,000 overtime hours. About 80% of these hours are regular overtime incurred in the course of doing the Department’s functions. During fiscal year 2017 and 2018, the Police Department had no formal overtime monitoring process. Instead, the Department relied on front-line, supervisory review and external analysis to identify potential cost savings and areas of abuse. In January 2019, the Police overtime monitoring improved. Their efforts have resulted in identification of savings. The following are our salient findings: • Police Department needs to segregate payroll related duties. Allowing one individual to prepare and authorize the payroll increases the chance that employees may be paid for more hours than they have worked. This risk is particularly high because the Police Payroll Coordinator can and does make changes to employees’ schedules, which are automatically approved. While we found no evidence that this level of access has been abused, segregating these duties aligns with best practices and would decrease the risk of fraud. • Supervisory approval is one of the most critical overtime controls as it helps to ensure that overtime pay requested is actually worked by the employee. Allowing any employee other than supervisory personnel to approve overtime for employees could result in payment of overtime not earned. We found the Police Payroll Coordinator approving overtime without having direct knowledge of the hours worked. In addition, we found 11 employees who could approve their own overtime during the audit scope. This access should be removed for all employees as it can lead to abuse. Management has concurred with XX of 5 recommendations made in this report. Management’s response is attached to this report in Appendix A. We appreciate staff’s cooperation during the audit. Please contact the City Auditor if you have any questions or need more information. Sincerely, Umesh Dalal, City Auditor The City of Denton Internal Audit Report Audit of Police Overtime October 2019 Page4 Introduction The City Internal Auditor is responsible for providing: (a) an independent appraisal of City operations to ensure policies and procedures are in place and complied with, inclusive of purchasing and contracting; (b) information that is accurate and reliable; (c) assurance that assets are properly recorded and safeguarded; (d) assurance that risks are identified and minimized; and (e) assurance that resources are used economically and efficiently and that the City’s objectives are being achieved. The City Auditor’s Office has completed a performance audit of the Police Department’s overtime process. We conducted this performance audit in accordance with generally accepted government auditing standards. Those standards require that we plan and perform the aud it to obtain sufficient, appropriate evidence to provide a reasonable basis for our findings and conclusions based on our audit objectives. We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based on our audit objectives. Management Responsibility City management is responsible for ensuring that resources are managed properly and used in compliance with laws and regulations; programs are achieving their objectives; and services are being provided efficiently, effectively, and economically. Audit Objectives, Scope, and Methodology This report is intended to provide assurance that the City’s resources are being used economically and efficiently by evaluating the effectiveness of controls over Police Department overtime. Audit fieldwork was conducted during June and July of 2019. The scope of review varied depending on the procedure being performed. The following list summarizes major procedures performed during this time: • Reviewed documentation to develop criteria including industry standards, best practices, policies, and procedures; • Developed a process narrative to identify current control activities, which was certified by the Police Payroll Coordinator; • Reviewed a statistical sample of 95 pay stubs with overtime hours to determine if payroll and overtime controls were working effectively;1 • Compared the City of Denton and Police Department’s overtime policies to the Fair Labor Standards Act and Texas Local Government Code as applicable;2 • Analyzed overtime hours per employee and Police Department unit; and • Interviewed Police Department staff to better understand overtime usage. 1 This sample size provides with 95% confidence that the true population is ±10% of the sample estimate. 2 A memorandum regarding the alignment of the City’s overtime policy with FLSA requirements has been issued separately. The City of Denton Internal Audit Report Audit of Police Overtime October 2019 Page5 What Works Well? Annually, the City of Denton’s Police Department records about 30,000 overtime hours. About 80% of these hours are regular overtime incurred in the course of doing the Department’s functions. The other 20% is divided evenly between special events and other funding sources including: Texas’ Selective Traffic Enforcement Program (STEP) grant (5%), the International Association of Chiefs of Police (IACP) grant (1%), and red-light camera3 ticket funds (3%). Figure 1 below shows the overtime by Division4 of the Police Department during our scope. While the Animal Services Division and the Communications Division (i.e. emergency dispatch) were included in our scope of overtime review, it should be noted that they have since been moved into the Customer Service Department and Technology Services Department respectively. Animal Services and Communications made up about 7% and 6% of the Department’s overtime respectively. Figure 1: Overtime by Division (FY17 and FY18) Police Overtime is Calculated According to Policy Police Department overtime should be calculated based on the City of Denton’s Overtime Policy 106.04 (Revised June 2013) and the Police Department’s General Order 8.2 (Revised March 2012). The auditors found the following: • Important provisions of the City’s Overtime Policy 106.04 include: o Non-exempt employees will be paid at the rate of one and one-half times their regular rate of pay for overtime above 40 hours worked per week to the nearest quarter hour. o Holidays, vacation leave (except for vacation in lieu of sick) and scheduled “on-call” hours are considered actual time worked for overtime eligibility. 3 As of July 2019, this funding source and associated overtime has been discontinued due to a change in Texas law. 4 The Recruiting and Training Division is included within Administrative Services Division in Figure 1. Patrol 19% Investigations 19% Administrative Services 13% Neighborhood Services 27% Animal Services 7% Communications 6%Support Services 9% The City of Denton Internal Audit Report Audit of Police Overtime October 2019 Page6 o For civil service police employees who work 12-hour shifts, the City has declared a 14-day work period; however, the City analyzes leave time on a weekly basis when determining whether it is “time worked.” • The Police Department’s General Order 8.2 aligns with the City of Denton’s overtime policy. • Based on a statistical sample, we found that about 100% of pay stubs were calculated according to policy. Internal Overtime Monitoring Has Improved According to the Department of Justice the key to improving overtime management is foresight on the part of senior officers, which requires attention to analysis, recordkeeping, and supervision. Internal monitoring of overtime is one of the key ways a police department can identify opportunities for cost savings and areas of overtime abuse. The auditors found the following: • During fiscal year 2017 and 2018, the Police Department had no formal overtime monitoring process. Instead, the Department relied on front-line, supervisory review and external analysis to identify potential cost savings and areas of abuse. • As of January 2019, the Police Department administration began running monthly overtime reports out of the City’s TeleStaff system. o The Police Administration Manager presents these reports to the Police executive staff (including the Chief of Police, Assistant Chief, and Deputy Chiefs) every month. o In addition, these reports are retained by the Department and are available for all employees to view in summary form. • These new reporting efforts appear to have led management to realize potential cost savings. o For example, our Office identified heavy overtime usage in the Department’s jail. As part of the fiscal year 2020 budget process, the Department has reclassified a full-time employee as an exempt jail manager, and is also working to increase the full-time jail staff. • Externally, overtime is reviewed by the City’s Budget Office each fiscal year as part of the annual budgeting process. o While overtime has been under budgeted for the past five fiscal years, this appears to be due to unexpected vacancies, as the Department’s personnel services has been budgeted appropriately5 each year. 5 On average actual personnel services expenditures equaled about 98% of budgeted funds while actual overtime expenditures equaled about 123% of budgeted funds. Overtime expenditures were about 6% of personnel services expenditures annually. The City of Denton Internal Audit Report Audit of Police Overtime October 2019 Page7 Opportunities for Improvement In the City of Denton, overtime is regulated by the Federal Fair Labor Standards Act as well as the Texas Local Government Code. The City’s Police Department uses a scheduling software called TeleStaff to track each employee’s work hours – including overtime. Throughout this report, we have compared the City’s overtime policies to the applicable regulations and have compared the Police Department’s overtime procedures to best practices. Police Payroll Duties Are Not Appropriately Segregated According to best practices, the duties of preparing the payroll, authorizing the payroll, and creating payroll payments should be segregated between different individuals. What We Found? • The Police Administrative Supervisor is currently responsible for preparing the payroll by verifying hours have transferred correctly from TeleStaff into WorkForce Central. o As part of this responsibility, the Police Administrative Supervisor may make adjustments to an employee’s work hours in TeleStaff to accurately reflect their time in WorkForce Central. These adjustments are approved automatically due to the Administrative Supervisor’s approval rights (discussed further in the following section). • Once this is complete, the Police Administrative Supervisor reconciles the hours in WorkForce Central to those in TeleStaff before importing the payroll into the City’s main financial system – JD Edwards – effectively authorizing the payments. o This reconciliation is not reviewed by another employee. • Once in JD Edwards, the City’s Payroll Staff create the payroll payments as part of the city -wide payroll process. Controls over the city-wide payroll process fell out of the scope of this audit. o The Police Administrative Supervisor and other Police personnel do not have access to payroll functions in JD Edwards. o Pay rate information is stored only in JD Edwards and therefore, cannot be accessed or changed by the Police Administrative Supervisor or other Police personnel. Why Does It Matter? Allowing one individual to prepare and authorize the payroll increases the chance that employees may be paid for more hours than they worked. This risk is particularly high because the Police Payroll Coordinator can and does make changes to employees’ schedules, which are automatically approved. While we found no evidence that this level of access has been abused, segregating these duties aligns with best practices and would decrease the risk of fraud. Recommendations: 1. Segregate the duties of preparing and authorizing the police payroll to reduce the risk of fraud. If duties cannot be adequately segregated, compensating controls should be developed. The City of Denton Internal Audit Report Audit of Police Overtime October 2019 Page8 Police Comments: The Police Department concurs with the recommendation and is currently working on implementation of improved internal controls. Not All Overtime is Approved Appropriately According to the Police Department’s policies all overtime must be approved by a supervisor prior to overtime being worked. Currently, the City documents overtime requests in the TeleStaff system. Each overtime request must be approved before it can be transferred into WorkForce Central by the Police Administrative Supervisor as described previously. What We Found? • Police TeleStaff approval rights are generally appropriate: o About 80% of Police TeleStaff users do not have the ability to approve overtime requests. o Police employees in front-line, supervisory roles (i.e. lieutenants, sergeants, and lead civilian employees) can approve other individuals overtime requests. ▪ Lieutenants and sergeants may not approve the overtime of individuals at the same rank; however, sergeants may approve lieutenants’ overtime. o Police command staff (Chief of Police, Assistant Chief, and Deputy Chiefs) and those individuals involved in the payroll process could approve both their own overtime requests and other individuals’ requests during fiscal years 2017 and 2018. ▪ As of fiscal year 2019, all Police Command staff have been reclassified as exempt employees and can no longer receive overtime pay. ▪ The Police Administrative Supervisor and Special Events Coordinator roles also have the ability to approve all overtime requests, including their own. ▪ We identified two individuals who no longer performed the Special Events Coordinator function, but still had self-approval rights. This access was revoked in July 2019. • Based on a statistical sample, we found that about 57% of pay stubs had at least 1 hour of overtime that was inappropriately approved. o About 9% of the sampled pay stubs did not have any approval, however, these all occurred prior to May 2017. This issue appears to have been resolved. o About 45% of the sampled pay stubs had at least 1 hour of overtime approved by the Police Administrative Supervisor. ▪ When the Police Administrative Supervisor approves overtime, they notify the employee and their supervisors via e-mail. o About 3% of the sampled pay stubs had self-approved overtime. Two of these instances were for Deputy Chiefs and the other was for a Special Events Coordinator. The City of Denton Internal Audit Report Audit of Police Overtime October 2019 Page9 Why Does It Matter? Supervisory approval is one of the most critical overtime controls as it helps ensure that overtime pay requested is actually worked by the employee. Allowing the Police Administrative Supervisor to approve overtime overrides this control as the Police Administrative Supervisor typically does not have direct knowledge of the hours an employee worked. In this way, an employee may be able to be paid for overtime that was not actually worked. While notifying the supervisor is a compensating control, it does not adequately mitigate the risk of fraud or abuse – especially given the volume of Police Administrative Supervisor approvals. Similarly, allowing employees to approve their own overtime greatly increases the risk of abuse or fraud as they do not need authorization. While some employees with this ability are now exempt, and so should not incur overtime, this system weakness could lead to other types of leave abuse. Finally, we found that at least two employees had self -approval rights even after they had changed functions. While these rights have since been removed, the Police Department should develop a process to ensure that employees only have the appropriate approval authority in order to decrease the risk of overtime fraud and abuse. Recommendations: 2. Prohibit all Police staff from self-approving overtime. Police Comments: The Police Department concurs with the recommendation and has begun to address this recommendation throughout the chain of command. 3. Periodically review Police TeleStaff user access, including override access, to ensure it is appropriate. Access should be reviewed by an employee who is not responsible for making access changes to ensure accuracy. Police Comments: The Police Department’s Administrative Supervisor (Payroll) has reviewed all TeleStaff users access and has implemented the recommended changes; this function will be conducted quarterly. Police Overtime Policy Changes Should Be Made to Align with Best Practices According to the Government Accountability Office’s Standard for Internal Control, management should periodically review policies and procedures to ensure they remain relevant. In addition, we found that best practices recommend including the following in a police overtime policy: ➢ A maximum or limit on the number of hours a police officer works to facilitate productivity;6 ➢ A statement, which places ultimate responsibility for monitoring overtime with the Police Chief; ➢ A procedure to ensure that overtime is not being abused, such as monitoring and reporting; and ➢ Criteria for what type of work should be allowed on overtime. 6 It should be noted that an employer must pay any overtime hours incurred even if they exceed a maximum set by policy. The City of Denton Internal Audit Report Audit of Police Overtime October 2019 Page10 What We Found? • The Police Department’s overtime policy was lasted updated in 2012 and no longer reflects current scheduling, approval, and monitoring procedures. • The Police Department does not currently have a limit on the number of hours a police officer may work. • The current policy only requires overtime to be authorized and approved on a front-line, supervisory level; no other monitoring procedures are established. o The Department has recently developed adequate monitoring procedures as described previously, however, these are not codified. • Clear criteria for allowable overtime work are not defined in the current policy. o The Department has established overtime codes, which provides an informal framework for overtime explanation. This framework, though not codified, is generally used by employees in the TeleStaff system. Of our sample, we found that about 4% of pay stubs had overtime hours with inadequate detail. Why Does It Matter? A formalized policies and procedures manual helps an organization retain institutional knowledge, navigate emergency situations, and facilitate consistency; however, when a policy does not reflect current procedures, an organization does not fully receive these benefits. In addition, the department has implemented some of the best practices identified by our Office. Codifying these procedures further obligates the employee and provides the department a clearer avenue for recourse if procedures are not followed. Finally, best practices suggest that higher overtime hours may negatively affect police officers’ health and hamper on duty performance. Setting a maximum not only decreases the risk of waste and abuse, but also facilitates productivity in this way. Recommendations: 4. Update the Police Department’s policies and procedures to reflect current overtime procedures and practices. Consider incorporating the best practices, including codifying some current procedures, described in the previous section to facilitate productivity and mitigate the risk of waste and abuse. Police Comments: The Police Department has begun notifying personnel of current overtime procedures and practices while an updated policy manual is being completed. The changes will be reflected in the new policy. 5. Codify a maximum number of overtime hours for Police Department employees. This overtime cap may be set up by any period the Police Department deems appropriate and should be incorporated into front-line, supervisory, monitoring procedures. Police Comments: The Police Department concurs with the recommendation and has identified a maximum number of overtime hours (76) of combined regular duty, department overtime, and outside overtime per week. The City of Denton Internal Audit Report Audit of Police Overtime October 2019 Page11 Appendix A: Management Response Summary The following summarizes the recommendations issued throughout this report. The auditors found that staff and the Department were receptive and willing to make improvements to controls where needed. Management has provided their response to each recommendation. 1 Segregate the duties of preparing and authorizing the police payroll to reduce the risk of fraud. Concur Expected Completion: Fall 2019 Police Comments: The Police Department concurs with the recommendation and is currently working on implementation of improved internal controls. Responsibility: Administrative Supervisor (Payroll) Executive Assistant 2 Prohibit all Police staff from self-approving overtime. Concur Expected Completion: Completed Police Comments: The Police Department concurs with the recommendation and has begun to address this recommendation throughout the chain of command. Responsibility: All PD Supervisors Administrative Supervisor (Payroll) 3 Periodically review Police TeleStaff user access, including override access, to ensure it is appropriate. Concur Expected Completion: July 2019 Police Comments: The Police Department’s Administrative Supervisor (Payroll) has reviewed all TeleStaff users access and has implemented the recommended changes; this function will be conducted quarterly. Responsibility: Administrative Supervisor (Payroll) 4 Update the Police Department’s policies and procedures to reflect current overtime procedures and practices. Concur Expected Completion: December 2019 Police Comments: The Police Department has begun notifying personnel of current overtime procedures and practices while an updated policy manual is being completed. The changes will be reflected in the new policy. Responsibility: Accreditation/ Compliance 5 Codify a maximum number of overtime hours for Police Department employees. Concur Expected Completion: December 2019 Police Comments: The Police Department concurs with the recommendations and has identified a maximum number of overtime hours (76) of combined regular duty, department overtime, and outside overtime per week. Responsibility: Accreditation/ Compliance AUDIT OF POLICE OVERTIME BY THE CITY AUDITOR’S OFFICE OCTOBER 22, 2019 Legistar Item ID19-2038 October 22, 2019 Page 1 of 6 PURPOSE OF THE AUDIT Annually, the Police Department records about 30,000 overtime hours for an average of $1.7 million in overtime expenditures annually. The audit evaluated the effectiveness of controls over Police Department overtime City policy alignment with the Fair Labor Standards Act is addressed in a separate memo Patrol 19% Investigations 19% Administrative Services 13%Neighborhood Services 27% Animal Services 7% Communications 6% Support Services 9% Overtime Hours by Unit Legistar Item ID19-2038 October 22, 2019 Page 2 of 6 ADMINISTRATION OF OVERTIME Police Administrative Supervisor prepares and authorizes payroll payments All overtime payments were calculated according to City policy Police overtime policy does not reflect current practices Prepared by Admin. Staff Authorized by Admin. Supervisor Paid by PayrollAppropriate Segregation Prepared by Admin. Supervisor Authorized by Admin. Supervisor Paid by PayrollActual Segregation Legistar Item ID19-2038 October 22, 2019 Page 3 of 6 MANAGEMENT OF OVERTIME Lack of adequate supervision increases the risk of waste and abuse A significant amount of overtime is approved by the Police Administrative Supervisor About 3% of overtime was self approved due to system approval rights Monitoring of overtime has improved OT Approvals Pay Stubs Percent of OT Not Approved 9 9% Self Approved 3 3% Admin. Approved 43 45% Appropriately Approved 40 40% Sample Total:95 1% Legistar Item ID19-2038 October 22, 2019 Page 4 of 6 Rec #Management Response Concurment 1 Police Comments: The Police Department concurs with the recommendation and is currently working on implementation of improved internal controls.Concur 2 Police Comments: The Police Department concurs with the recommendation and has begun to address this recommendation throughou t the chain of command.Concur 3 Police Comments: The Police Department’s Administrative Supervisor (Payroll) has reviewed all TeleStaff Users access and has implemented the recommended changes; this function will be conducted quarterly.Concur 4 Police Comments: The Police Department has begun notifying personnel of current overtime procedures and practices while an up dated policy manual is being completed. The changes will be reflected in the new policy.Concur 5 Police Comments: The Police Department concurs with the recommendation and has identified a maximum number of overtime hours (76) of combined regular duty, department overtime, and outside overtime per week.Concur Legistar Item ID19-2038 October 22, 2019 Page 5 of 6 QUESTIONS Umesh Dalal City Auditor Madison Rorschach Staff Auditor Legistar Item ID19-2038 October 22, 2019 Page 6 of 6 City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 19-2088,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction on pending City Council requests for information. City of Denton Printed on 10/18/2019Page 1 of 1 powered by Legistar™ City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: City Manager’s Office ACM: Sara Hensley DATE: October 22, 2019 SUBJECT Receive a report, hold a discussion, and give staff direction on pending City Council requests for information. BACKGROUND During the annual City Council retreat on Saturday, August 17, 2019, the City Council agreed to a process to ensure there is a consensus of the City Council regarding the use of staff time when responding to requests from elected officials that anticipate taking more than two hours to complete or if there is a City Council policy decision to be made. The process developed during the retreat was further discussed and formally adopted at the August 27 City Council meeting. Staff will review one outstanding request for information per elected official during each work session. The weekly work session process will include staff introducing the requested topic followed by the requesting elected official having up to one minute to describe and justify their request. Remaining elected officials will then have up to one minute to provide feedback and indicate their support for the use of staff time to respond to the request. Staff will respond to all requests where a consensus of at least four elected officials is established. Responses will be provided in the requested format including Informal Staff Reports, Legal Status Reports, City Council work session topics, or ordinances and resolutions to be considered on future City Council agendas. The following items will be discussed during the October 22, 2019 work session: 1. Discuss the principals and methods of the Integrated Pest Management system. a. Requestor: Council Member Briggs b. Date Requested: October 13, 2019 c. Related Information: Integrated Pest Management Plan (Exhibit 3), IPM Presentation from the May 7, 2019 City Council meeting (Exhibit 4) d. Requested Format for Response: Work Session Request 2. Discuss a comprehensive anti-discrimination ordinance a. Requestor: Council Member Davis b. Date Requested: October 4, 2019 c. Related Information: None d. Requested Format for Response: Work Session Request 3. Request a future work session on gas well safety and possible gas well ordinance inclusions City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com a. Requestor: Council Member Armintor b. Date Requested: September 29, 2019 c. Related Information: 2019-015 Gas Well Inspection Summary Report 2019-035 Active and Non-Active Gas Wells 2019-036 Gas Well Notification Disclosure Requirements 2019-098 Gas Transmission lines and Compressor Stations d. Requested Format for Response: Work Session Request EXHIBITS Exhibit 1 – Agenda Information Sheet Exhibit 2 – Presentation Exhibit 3 – Integrated Pest Management Plan Exhibit 4 – IPM Presentation from the May 7, 2019 City Council meeting Respectfully submitted: Stuart Birdseye Assistant to the City Manager City Council Pending Requests for Information City Council Meeting October 22, 2019 1 Background •Effective August 27, all requests for information are to be submitted to the City Manager’s Office via email and include the following information: ➢Request Type:Service/Clarification/Policy-related ➢Purpose: Description of the information needed ➢Time-Sensitivity: Indicate expectations for response time ➢Preferred Format: Informal Staff Report, Legal Status Report, Work Session, Email, Friday Report, Meeting with Staff Legistar ID: 2019-2088 2 of 6 Work Session Process •Up to seven requests will be reviewed per meeting (one per Council Member) •Staff will introduce each request •The elected official that made the request will have up to one minute to describe and justify their request •Remaining elected officials will then have up to one minute to provide feedback and indicate their support for the use of staff time to respond to the request •Staff will respond to all requests where a consensus of Council is established Legistar ID: 2019-2088 3 of 6 Item 1 •Discuss the principals and methods of the Integrated Pest Management system. •Requestor: Council Member Briggs •Date Requested: October 13, 2019 •Related Information: Integrated Pest Management Plan (Exhibit 3), IPM Presentation from the May 7, 2019 City Council meeting (Exhibit 4) •Requested Format for Response: Work Session Request Legistar ID: 2019-2088 4 of 6 Item 2 •Discuss a comprehensive anti-discrimination ordinance •Requestor: Council Member Davis •Date Requested: October 4, 2019 •Related Informal Staff Report: None •Requested Format for Response: Work Session Request Legistar ID: 2019-2088 5 of 6 Item 3 •Request a future work session on gas well safety and possible gas well ordinance inclusions •Requestor: Council Member Armintor •Date Requested: September 29, 2019 •Related Information: •2019-015 Gas Well Inspection Summary Report •2019-035 Active and Non-Active Gas Wells •2019-036 Gas Well Notification Disclosure Requirements •2019-098 Gas Transmission lines and Compressor Stations •Requested Format for Response: Work Session Request Legistar ID: 2019-2088 6 of 6 City of Denton Approved by City Council 5/2019 Integrated Pest Management Program Integrated Pest Management Program 1 | P a g e It is important for the City of Denton to be environmentally conscious in providing safe and well- maintained facilities and landscapes for all visitors. The Integrated Pest Management (IPM) plan provides a holistic approach to achieving the stated goals considering health, environmental, and financial risks. The intent of the IPM plan is to be a living document with continued evaluation and updates to meet current and future needs. A special thank you to City of Denton staff in the Parks and Recreation Department, Park Maintenance Division, Environmental Services, and the Citizen Focus Group who committed their time and talent to the development of this document. IPM Focus Group Nathan Hansard University of North Texas / Field Specialist Cynthia Maguire Texas Womens University / Native Plant Society of Texas Bob Harris Denton County Master Gardners Adelaide Bodnar Master Naturalist Bill Hartley Denton County Beekeepers Association Cindy Hiegel Master Gardener Carol Soph Denton Resident Ed Soph Denton Resident Gene Kastens Denton Youth Sports Association Heather Massengale Denton Youth Sports Association Integrated Pest Management Program 2 | P a g e Table of Contents GENERAL INFORMATION ............................................................................................................................. 4 Mission Statement ................................................................................................................................... 4 Asset ......................................................................................................................................................... 5 Integrated Pest Management .................................................................................................................. 5 Pesticide Use ............................................................................................................................................ 7 Safety ........................................................................................................................................................ 8 Laws and Regulations ............................................................................................................................... 8 INTEGRATED PEST MANAGEMENT METHODOLOGY ................................................................................ 10 Approved Pest Management Strategies ................................................................................................ 10 Criteria for Choosing a Pest Management Method .............................................................................. 12 PEST MANAGEMENT POLICIES ................................................................................................................... 14 Outline of Strategies .............................................................................................................................. 14 Licensing and Training ............................................................................................................................ 16 STRATEGY 1: Licensing, Certification, and Continuing Education of Pest Management Personnel 16 Pest Management Procedures ............................................................................................................... 18 STRATEGY 2: Management Methods for Pest Problems .................................................................. 18 STRATEGY 3: Pesticides Approved for Use by PARD Personnel ....................................................... 19 STRATEGY 4: Notification of Pesticide Use at a Site ......................................................................... 20 STRATEGY 5: Pesticide Application on Park Property and Street Rights-of-Way ............................ 21 STRATEGY 6: Pesticide Application Recordkeeping .......................................................................... 23 Pesticide Material Management ........................................................................................................... 24 STRATEGY 7: Use of Remaining Pesticide Solutions and Rinses ....................................................... 24 STRATEGY 8: Storage and Transportation of Pesticides ................................................................... 26 STRATEGY 9: Disposal of Empty Pesticide Containers and Unusable Pesticides ............................. 27 Safety Measures and Emergency Response .......................................................................................... 29 STRATEGY 10: Use of Protective Clothing and Equipment ............................................................... 29 STRATEGY 11: Emergency Information Concerning Accidental Pesticide Exposure ........................ 30 STRATEGY 12: Pesticide Spill Response ............................................................................................. 32 Targeted Pest Management................................................................................................................... 39 STRATEGY 13: Turf Broadleaf Weed Management ........................................................................... 39 STRATEGY 14: Pesticide Applications around Community Gardens................................................. 42 Integrated Pest Management Program 3 | P a g e STRATEGY 15: Waterways Pest Management ................................................................................... 43 STRATEGY 16: Vegetation Management in Engineered Wood Fiber Playground Areas ................. 46 STRATEGY 17: Venomous Insect Management ................................................................................. 47 STRATEGY 18: Dog Area Pest Management ...................................................................................... 49 STRATEGY 19: Insecticide Use and Pollinator Protection ................................................................ 51 APPENDICES ................................................................................................................................................ 53 APPENDIX 1: Approved Pesticide List for Parks Use ............................................................................. 53 APPENDIX 2: Athletic Field Services Approved List ............................................................................... 57 APPENDIX 3: City Urban Forestry Approved List ................................................................................... 59 APPENDIX 4: City Parks and Recreation – Natural Areas Approved List .............................................. 61 APPENDIX 5: Park Maintenance Schedule and Control Methods ........................................................ 62 APPENDIX 6: Pesticide Spill Incident Report ......................................................................................... 73 APPENDIX 7: Product Label and Safety Data Sheet .............................................................................. 74 APPENDIX 8: Emergency and Information Phone List ........................................................................... 76 APPENDIX 9: Glossary ............................................................................................................................ 77 APPENDIX 10: Revisions ......................................................................................................................... 83 Integrated Pest Management Program 4 | P a g e GENERAL INFORMATION Integrated Pest Management (IPM) Program is a decision-making process to determine pest levels and tolerance thresholds and combines biological, cultural, physical, and chemical tools to minimize health, environmental, and financial risks. This program uses extensive knowledge about pests, such as infestation thresholds, life histories, environmental requirements, and natural enemies to complement and facilitate biological and other natural control of pests. It coordinates the use of pest biology, environmental information, and available technology to prevent unacceptable levels of pest damage by the most economical means, while posing the least possible risk to people, property, resources, and the environment. Mission Statement The mission of the Parks and Recreation Integrated Pest Management Program is to manage pests that are harmful to the health, function or aesthetic value of park landscapes and public health in a manner that is efficient, effective, environmentally-responsible, and with careful attention to the safety of the public and department employees. To accomplish this, the principles of Integrated Pest Management are endorsed. This approach uses multi-faceted strategies that minimizes economic, health, and environmental risks. Goals The goal and intent of this program is to produce an evolving and living document that provides a method and approach to guide the maintenance of public property and land. The focus and goals are:  Strive to better connect communities to nature and enhance sustainability through conservation practices within parks. Areas of focus include promoting sustainable practices and strategies that address the effects of climate change, preserving wildlife, growing a next generation of environmental stewards, and supporting programs and policies that encourage a commitment to conservation.  Create and maintain a safe environment for visitors and staff that protects and preserves natural resources, park facilities, and amenities through design, operations, and education.  Provide a natural, healthy, educational, and social environment and ensure all people have access and are meaningfully involved in the development and use of park and recreation programs and spaces.  Create an active learning environment using design such as interpretative signage with a focus on natural and historical education.  Educate and promote natural areas and cultural practices through programing such as organic community gardening.  Ensure stewardship of the public’s resources through fiscal accountability, responsible planning, and effective management. Integrated Pest Management Program 5 | P a g e Asset The Parks and Recreation Department (PARD) is a subdivision of the City of Denton municipal government and is the steward of over 2,000 acres of space, 36 parks, 27 playgrounds, 42 athletic fields, 27 trail miles, 6 recreation centers, 3 aquatic facilities, 1 spray ground, 16 tennis courts, 1 driving range, 1 disk golf course, 1 skate park, and 2 cemeteries. It also offers a wide array of recreation and enrichment opportunities for people of all ages. PARD’s Parks Maintenance Division is charged with maintaining these diverse park landscapes and assets in a safe, attractive, healthy, and useful condition. Park properties represent a major component of the city’s capital assets and PARD recognizes its responsibility to protect and preserve this economic investment to the best of its abilities. PARD also recognizes its responsibilities to its employees, park users, and the general public, and seeks to employ the highest professional standards in the performance of its duties. To manage pests in park lands, PARD personnel shall utilize the principles of Integrated Pest Management. Integrated Pest Management Integrated Pest Management (IPM) is one of the major strategies used by PARD in the maintenance of park lands. There are many definitions of IPM, the following is from the U.S. Environmental Protection Agency for its publication, “EPA Integrated Pest Management for Turfgrass and Ornamentals1:” “IPM is the coordinated use of pest and environmental information with available pest control methods to prevent unacceptable levels of pest damage by the most economical means with the least possible hazard to people, property, and the environment. The goal of IPM is to manage pests and the environment so as to balance costs, benefits, public health, and environmental quality. IPM systems use all available technical information on the pest and its interactions with the environment. Because IPM programs apply a holistic approach to pest management decision-making, they take advantage of all appropriate pest management options, including, but not limited to pesticides. Thus, IPM is:  A system using multiple methods;  A decision-making process;  A risk reduction system;  Information intensive;  Cost-effective; and  Site specific.” IPM makes use of cultural practices, environmental factors, pest growth patterns and life cycles, ecological interaction, human contact, mechanical removal and, finally, pesticides to control harmful organisms. The Park Maintenance Division defines Integrated Pest Management as the coordinated use of pest and environmental information along with available pest control methods, including biological, cultural, 1 EPA Integrated Pest Management for Turfgrass and Ornamentals. Page 315 and http://nepis.epa.gov/Exe/ZyPDF.cgi/9101AIKB.PDF?Dockey=9101AIKB.PDF Integrated Pest Management Program 6 | P a g e physical, and chemical methods, to prevent unacceptable levels of pest damage by the most economical means and with the least possible hazard to people, property, and the environment.  Integrated means that all feasible types of control strategies are considered and combined as appropriate to solve a pest problem.  Pests are unwanted organisms that are a nuisance to man or domestic animals, and can cause injury to humans, animals, plants, and property, and have a significant economic impact. Pests reduce yield and/or quality in vegetation ranging from flower beds, to lawns, trees, and sports fields.  Management is the process of making decisions in a systematic way to keep pests from reaching intolerable levels. Small populations of pests can often be tolerated; total eradication is often not necessary, or feasible. Based on the above, PARD’s Park Maintenance Division’s IPM plan consists of the following steps: 1. Identification of the issue. Identification of the pest, level of infestation, and an evaluation of the site will determine what action is needed, if any. 2. Consultation. This involves defining the roles of the people involved in the pest management equation (i.e. Certified Pesticide Applicator, Park Manager, Urban Forrester, Park Supervisor, Superintendent, and PARD Director) to assure understanding and communication between them. 3. Management objectives. Staff must determine the management objectives for a given site in order to solve the pest problem(s). This can be done by establishing maintenance classifications and standards with an outlined schedule to meet maintenance needs. Project and property priorities relevant at the time must also be considered. A Strategy review includes determining if a species is native or exotic, locating the management zone, and evaluating the chances of successful management. 4. Set the action thresholds. These are points when pest populations or environmental conditions indicate that action must be taken in order to prevent the pest population from crossing a pre- determined injury threshold; no action is taken until the threshold is reached unless it is determined that conditions pose a threat to health and safety or the infestation is detrimental to plant material / vegetation. 5. No-pesticide action. In this step, action is taken to modify the pest habitat to reduce the carrying capacity of the site, exclude the pest, or otherwise make the site’s environment incompatible with the needs of the pest. This step, which involves applied ecology with support from cultural, biological, and organic methods. 6. Pesticide action. If no-pesticide actions are not available or insufficient, the appropriate pesticide action is taken. All efforts should made to (a) use the least toxic, most effective, most efficient application technique that provides the longest dwell time in contact with the pest, (b) apply when the pest is in its most vulnerable stage, and (c) carry the least possible hazard to people, property, and the environment. 7. Evaluate. This means checking the post-treatment results of the habitat modification or pesticide treatment actions by periodically monitoring the site and pest populations. 8. Records. For each site, records should be kept of pest management objectives, monitoring methods and data collected, actions taken, results obtained, and pesticides used. Records of actions taken will be documented in PARD’s record management system. Integrated Pest Management Program 7 | P a g e IPM is a decision-making process to determine if, where, when, and how pest control practices should be applied. And, in the short term, modification of direct pest control practices (such as reducing pesticide use through spot spraying strategies and replacing undesirable chemicals with more environmentally friendly materials) can provide valuable benefits in reducing the use of pesticides. The IPM process first determines if a pest needs to be managed, and if so, how best to do it. Key elements are information gathering, well-informed decision making and monitoring of results. The IPM process promotes effective, low-risk management strategies to manage pests. The controls used in this program include biological, cultural, physical, and chemical methods and materials; often a combination of methods is used. Methods selected to manage specific pest populations are evaluated by licensed and trained PARD professionals. The methods employed conform to recognized standards established and endorsed by state and federal regulatory agencies, state educational institutions and organizations. Key elements of an IPM program are information gathering and informed decision-making. Horticulturists, botanical specialists, park technicians, foresters, and arborists are skilled in identifying and evaluating pest problems. When pest problems occur that are unusual or beyond the scope of in- house experts, advice is obtained from other qualified sources such as state universities, Texas Department of Agriculture, and Texas A&M University Extension Service experts. Texas Pesticide Applicators License continuing education courses reinforce employee skills and provide current information concerning laws, safety, pests, and current IPM methods. PARD employees monitor levels of pests to arrive at the best solution for managing a pest problem. When pest management methods are implemented by trained IPM personnel, the results are solutions that are economically and environmentally responsible. This provides the public with safe, healthy, and aesthetically pleasing park areas. Pesticide Use Pesticide is a general term for any substance intended for preventing, destroying, repelling, or mitigating any pest. Park pests consist primarily of unwanted vegetation and invasive weeds, but can also include insects, disease organisms, rodents, and other organisms. To manage these pests, PARD personnel select the best methods available. When it is necessary to use pesticides as part of an IPM approach, PARD minimizes risk by careful product selection and application. When developing and updating PARD’s IPM program the best expert scientific opinion is relied upon on to inform staff about potential materials and methods. Assessments from regulatory agencies, state university departments in Texas, university extension scientists and other experts in the field provide much useful specific information. PARD turns to these recognized experts for credible science-based information. PARD also stays current with the latest pertinent studies as part of our process. By basing decisions on these authoritative sources best solutions can be obtained within the IPM framework. PARD pesticide applicators are required to comply with all pesticide label directions, federal, state, and local pesticide regulations, applicable safety laws, and PARD policies. Misuse of pesticides will not be tolerated. Pesticides not labeled or listed (refer to Appendices 1-4) will not be covered in detail within this document, but PARD requires pesticide applicators to use additional precaution and label directions, if present, for all applications. Integrated Pest Management Program 8 | P a g e Safety When pesticides are being applied in park areas by PARD personnel, notification signs are posted at points of entry to the treated areas. When pest management equipment is being used and materials are being applied by PARD employees, all appropriate worker personal protective equipment is provided for use. Use of such equipment is an important part of safely applying pesticides as well as using mechanical equipment. PARD employees work with the Watershed Protection Division to protect the city’s water supply from all types of contamination. When pesticides are contemplated to be used near waterways and drainage areas, the Watershed Protection Division will be notified. When necessary, application of pesticides downstream of stream banks or within waterways would be done using aquatic-labeled pesticides, following the IPM process and label directions, and with the approval of the field supervisor. Laws and Regulations Several Federal and State agencies regulate the use of pesticides. PARD Park Maintenance Division conforms to all pesticide laws and regulations. PARD allows only Texas State licensed Pesticide Applicators to apply pesticides of any kind on park land. In this way PARD exceeds the standards established within Texas state law. To obtain a Noncommercial Pesticide Applicator's License, applicators must pass a series of tests given by the Texas Department of Agriculture. The Texas Department of Agriculture does allow non-licensed staff to apply pesticides when it is incidental to their primary duties. Once licensed, applicators must renew their license, annually for noncommercial applicators, and take the required amount of continuing education units needed for the type of Pesticide Applicator’s License held. Applicators are required by law to record specific information when applying pesticides and keep records for a minimum of 2 years. PARD utilizes the Texas Department of Agriculture’s designated forms for these purposes. Decontamination Sites Employers must provide sites so that workers and handlers can wash pesticides and residues from their hands and body. Decontamination supplies must include:  Enough water for routine and emergency whole-body washing and for eye flushing;  Soap;  Single-use towels Decontamination materials are also available in each applicator’s vehicle. It is the responsibility of the applicator to ensure adequate supplies are maintained in the vehicle. The decontamination materials may not be located in an area under restricted entry unless they serve handlers working in that area. In this case, all materials must be protected from contamination. Emergency Assistance If there is reason to believe that a handler or worker may have been poisoned or injured by pesticides, an employer must promptly make transportation to an appropriate medical facility available to that person. Be prepared to provide the victim and medical personnel with:  The product name, EPA registration number, and active ingredient(s);  All first aid and medical information from the label; Integrated Pest Management Program 9 | P a g e  A description of how the pesticide was used; and  Information about the victim’s exposure. Personal Protective Equipment (PPE) Employers must provide handlers with the PPE as listed on the pesticide label. The employer must:  Maintain PPE in a clean and operational condition;  Make sure it fits correctly;  Make sure handler wears and uses the PPE correctly;  Provide a clean place to put on and remove PPE, and store personal clothing;  Not allow worker to wear or take-home PPE;  Take action to prevent heat-related illness while PPE is worn. Cleaning and Maintaining PPE Employers must make sure:  PPE is cleaned according to manufacturer’s instructions, inspected, and repaired before each use;  PPE that is non-reusable or cannot be cleaned, must be disposed of properly;  Clothing drenched with pesticide labeled DANGER or WARNING are discarded;  PPE must be washed and dried properly, and stored separately from personal clothing;  Respirator filters, cartridges and canisters are replaced as often as required. The handler employer must make sure anyone cleaning PPE is informed of possible pesticide residues on PPE, of the potentially harmful effects of pesticides, and of the correct ways to handle and clean PPE. Equipment Safety Handler employers must make sure that equipment used for mixing, loading, transferring, or applying pesticides is inspected and repaired or replaced as needed. Only appropriately trained and equipped handlers may repair, clean, or adjust pesticide handling equipment that contains pesticides or pesticide residues. Environmental Protection The City of Denton operates under the Pesticides General Permit (PGP, TXG870000) administered by the TCEQ. The purpose of this permit is to regulate the discharge of pesticides to the waters of the United States. Within the City, reporting for PGP compliance is coordinated through the Watershed Protection Division. Any potential adverse incidents involving pesticides should be immediately reported to Watershed Protection and/or PARD. Pesticide use within the City is also tracked to maintain compliance with the PGP. Integrated Pest Management Program 10 | P a g e INTEGRATED PEST MANAGEMENT METHODOLOGY Approved Pest Management Strategies Examples of possible and available management strategies among the many methods are listed in the prevention of pest problems.  Strategy and planning;  Cultural practices, avoidance measures, and physical means to manage pest problems; and  Mechanical practices, trapping, biological controls, and use of natural and synthetic pesticides. All the IPM measures ae evaluated and considered together to select the best overall solution to a pest problem. Strategy Management of pests through adoption of Strategy can be highly effective and low in cost. Such policies can often eliminate problems before they begin. Some examples are:  Prioritization of parks for control measures may be considered. Different park areas may have varying standards of acceptable care and appearance. Determining whether a particular park area requires control of pests and the level of that control must take these differences into account. Careful attention to public desires and public needs must be part of this prioritization process.  Establishment of thresholds for action and the tolerance level for different pests are part of the IPM process. These thresholds vary according to plant, pest, site, and park classification. Determinations of action thresholds are made on a case-by-case basis. Design Proper park design is a major way that pest problems can be avoided. While no landscape can be designed to be free of pest management needs, such considerations need to be part of the planning process. Examples are:  Elimination or modification of problematical areas;  Avoiding the use of potentially invasive species;  Proper and adequate spacing of plant material to reduce the incidence of pest problems;  Maintenance of species diversity and elimination of monocultures in plantings where possible;  Elimination of alternate hosts for diseases; and  Establishment of overstory, thick groundcovers and other design techniques benefiting both the establishment of plants and the reduction of weed problems. Plant selection Plant selection is critical in minimizing pest management needs both short- and long-term. Criteria for plant selection include:  Use of disease or pest resistant or tolerant plant species or varieties; and  Removal of invasive or pest-susceptible plants and replacement with varieties of native or adapted pest resistant plants.  Consideration will be given to native plants under favorable conditions and design goals. Cultural practices Proper cultural practices are essential in establishing healthy landscapes and can often help to maintain their resistance to pest problems. Examples are: Integrated Pest Management Program 11 | P a g e  Knowledge of the cultural requirements of plants to best provide proper conditions for optimum plant health and resistance to pests.  Adequate site preparation before landscape installation. This can include soil improvements, pruning of surrounding vegetation, grade adjustments, drainage improvements, and installation of irrigation systems.  Use of disease resistant grafting rootstock or scion wood.  Proper timing and use of water to reduce over or under watering.  Proper timing and use of fertilization to eliminate over and under-fertilization.  Use of cover crops to improve soil structure and reduce soil erosion.  Rotation of plant species in nursery areas to reduce the buildup of pests.  Aeration, over-seeding, and top-dressing to improve turf health and suppress weeds.  Raking and debris removal to remove pest sources.  Pruning and plant removal to promote air circulation and light penetration for plant health.  Removal of diseased, infested, damaged, or dead wood.  Mulching for weed reduction, water retention, winter protection and root zone improvement.  Fan placement for improved greenhouse air circulation. Mechanical and physical controls Mechanical and physical methods are often employed to manage pests. Examples are:  Mechanical edging of turf.  Mechanical clearing of weeds in rough areas.  Hand weeding in shrub beds.  Weed wrenching or loping, or chain sawing invasive trees.  Mowing of rough turf areas for vegetation control.  Traps such as yellow sticky boards for greenhouse insects and traps for mammalian pests.  String trimming to control unwanted vegetation.  Disinfecting materials or equipment to prevent spread of pests. Biological controls Where applicable, biological control is useful to manage pests. Typically, most important is minimizing disruption of natural pest controls that may be present. Examples are:  Introducing insect or disease parasitoids, predators, and microbial products to control pests.  Minimizing the use of disruptive techniques and materials in landscapes that may destroy natural pest control organisms. Naturally derived and synthetically derived pesticides Pesticides are derived from many sources. They vary widely in their characteristics and must be examined individually to determine their suitability within the IPM approach. Examples are:  Placement of pheromone traps.  Disinfecting materials or equipment to prevent spread of pests.  Application of naturally and synthetically derived pesticides. Integrated Pest Management Program 12 | P a g e Criteria for Choosing a Pest Management Method When choosing a pest management method or pesticide material from the approved lists located in Appendix 1-4, all personnel should consider the following factors and any additional factors relevant to the selection. Nature of the site  Erosion susceptibility and potential movement of soil through runoff;  The intended use and function of the landscape;  The feasibility of the method given the area and scope of the problem;  The relative importance and public expectation of a site or plantings; and  Site conditions such as soil type, grade, drainage patterns, and presence of surface water. Possible health and safety effects  Consider both short- and long-term toxicological properties and any other related potential health effects of the materials or methods, both to the applicator and the public;  Equipment operation safety issues for both the operator and the public; and  Worker safety and worker injury issues involved with carrying out the method. Possible environmental effects  Consider both acute and chronic toxicity and any other related potential effects of the material or method to non-target organisms including mammals, birds, amphibians, fish, invertebrates and other organisms;  Environmental effects from potential bioaccumulation;  Potential impacts to non-target plants and other organisms from materials or methods;  Potential impacts to federally listed, threatened or endangered species; and  Possible introduction or establishment of invasive plants. Costs  Costs of the material or method;  Application and labor costs;  Length and quality of pest control; and  Feasibility of using a particular method or product. Characteristics of the product  Target pests and target sites of the product being used;  Possible residual effect, decomposition pathways, rates, and breakdown products;  Volatility and flammability;  Product formulation and package size;  Leachability, solubility, and surface and soil bonding characteristics of the product;  Ease of cleaning equipment after use; and  Positive and negative synergistic effects of pesticide combinations. Special considerations  Application equipment availability;  Method of delivery; Integrated Pest Management Program 13 | P a g e  Current and anticipated weather conditions;  Previous pesticide applications to the site and the interval between treatments; and  Possible development of pest resistance to a particular management method or material. Integrated Pest Management Program 14 | P a g e PEST MANAGEMENT POLICIES Outline of Strategies Licensing and Training Strategy 1 LICENSING, CERTIFICATION, AND CONTINUING EDUCATION OF PEST MANAGEMENT PERSONNEL – Defines the required State of Texas licensing requirements, recertification obligations, and training for PARD applicator personnel. Pest Management Procedures Strategy 2 MANAGEMENT METHODS FOR PEST PROBLEMS- Establishes the IPM methodology and approved strategies. Strategy 3 PESTICIDES APPROVED FOR USE BY DENTON PARKS AND RECREATION PERSONNEL- Describes the approval process for pesticides and details certain pesticides and their control methods. Approved product lists for each unit are in the appendices. Strategy 4 NOTIFICATION OF PESTICIDE USE AT A SITE- Outlines the on-site notification procedures to be used before, during and after applications. Strategy 5 PESTICIDE APPLICATION ON PARK PROPERTY AND STREET RIGHTS OF WAY- Establishes procedures on how to apply pesticides on all park lands. Strategy 6 PESTICIDE APPLICATION RECORDKEEPING- Outlines recordkeeping standards for parks applications. Pesticide Material Management Strategy 7 USE OF REMAINING PESTICIDE SOLUTIONS AND RINSES- Outlines how residual pesticides and rinsates are handled. Strategy 8 STORAGE AND TRANSPORTATION OF PESTICIDES- Defines methods and procedures for storage of pesticides. Strategy 9 DISPOSAL OF EMPTY PESTICIDE CONTAINERS AND UNUSABLE PESTICIDES- Establishes provisions for surplus or contaminated pesticides and empty containers. Safety Measures and Emergency Response Strategy 10 USE OF PROTECTIVE CLOTHING AND EQUIPMENT- Describes appropriate personal protective clothing and equipment for use by PARD personnel when handling or applying pesticides. Strategy 11 EMERGENCY INFORMATION CONCERNING ACCIDENTAL PESTICIDE EXPOSURE- Defines the procedures followed in responding to inquiries from PARD employees and the public regarding pesticide exposure. Strategy 12 PESTICIDE SPILL RESPONSE- Outlines procedures for unintended releases of pesticides on or off PARD properties. Outlines responsibilities, training, reporting, methods, and materials involved. Targeted Pest Management Strategy 13 TURF BROADLEAF WEED MANAGEMENT- Describes procedures, rationale, and approval process for management of broadleaf weeds in maintained park turf areas. Strategy 14 PESTICIDE APPLICATIONS AROUND COMMUNITY GARDENS- Outlines procedures and limitations of pesticide applications adjacent to PARD Community Garden sites. Strategy 15 WATERWAYS PEST MANAGEMENT- This Strategy defines specific practices, methods and materials approved for use alongside, and within aquatic sites. Strategy 16 VEGETATION MANAGEMENT IN ENGINEERED WOOD FIBER PLAYGROUND AREAS - Defines special pest management practices in wood chip-surfaced playground areas. Integrated Pest Management Program 15 | P a g e Strategy 17 VENOMOUS INSECT MANAGEMENT- Describes how venomous insects such as wasps, bees and hornets on parkland are addressed. Strategy 18 DOG AREA PEST MANAGEMENT- Specifies how pest management in designated dog areas is carried out. Strategy 19 INSECTICIDE USE AND POLLINATOR PROTECTION- This Strategy defines specific practicesand methods when dealing with pollinators, including bees and other insects. Integrated Pest Management Program 16 | P a g e Licensing and Training STRATEGY 1: Licensing, Certification, and Continuing Education of Pest Management Personnel PURPOSE This Strategy defines the education, training, licensing, and certification requirements for applicators who are applying pesticides, or supervising others applying pesticides. BACKGROUND State pesticide applicator licensing assures a level of expertise and familiarity with pest management practices and pesticide materials. While Texas state law does not require this level of licensing for most of the kinds of applications carried out on park lands, PARD is committed to maintaining a high level of expertise in our workforce and chooses to exceed the minimum standards. The continuing education requirements of state licensing also help to keep personnel up-to-date on pest management theory and practice. Therefore, PARD requires that all personnel applying pesticides as their primary duty on parkland maintain a Texas Department of Agriculture applicators license. The Texas Department of Agriculture does allow non-licensed staff to apply pesticides when it is incidental to their primary duties. STRATEGY All PARD personnel applying pesticides or herbicides as their primary duty on park lands shall be certified as state pesticide applicators by passing the Texas Department of Agriculture examinations. Applicators are required to recertify every year by obtaining five continuing education credits; with one credit each from two of the following categories: laws and regulations, integrated pest management or drift minimization. To maximize the value and relevance of the recertification training, PARD will actively seek out educational opportunities for staff. The ultimate responsibility for maintaining a valid applicator license is with the applicator. PARD will keep pesticide applicators informed of approved supplemental education to meet continuing certification and licensing requirements. Unless special arrangements and approvals have been made, all PARD applicators must be full-time employees. Regardless of licensing status, no seasonally employed staff members shall apply pesticides on park land, unless approved by Park Maintenance Manager, following a request from the supervisor of the seasonal employee. Any personnel who does not apply pesticides as their primary duty, and are not licensed applicators, are allowed to apply pesticides as per Texas Department of Agriculture for incidental use. Incidental Use is defined as “A pesticide application on an occasional, isolated, site-specific basis that is incidental to the primary duties of an employee and involves the use of general use pesticides after instruction as provided by rules adopted by the Structural Pest Control Service.” This means that if during the course of their normal duties, i.e. mowing, daily service or maintenance, and they find an infestation of fire ants or wasps, they are allowed by law to apply pesticides to protect park visitors or employees. The application of the chemicals must be in accordance with the manufacturer’s label. In all cases of incidental use, the employee should use the least hazardous, effective method of controlling pests. If chemicals are to be utilized, they must be applied in strict accordance with manufacturer labels of "General Use" products being used. Applications made inconsistent with the label requirements of the general use product may result in penalties being assessed against the individual and/or the certified noncommercial applicator or technician responsible. Integrated Pest Management Program 17 | P a g e Recertification Requirements Licensed commercial, noncommercial and NCPS applicators are required to recertify every year by obtaining five continuing education credits; with one credit each from two of the following categories: laws and regulations, integrated pest management or drift minimization. Change of Information The Texas Administrative Code (rule 7.20) requires all licensees to notify the department within 30 days of any change in the information provided as part of the application for a license. Licensees must submit a change of information form that is signed. You can scan the signed form and email it to license.inquiry@TexasAgriculture.gov, faxed to 800-909-8534 or mail it to Texas Department of Agriculture, Licensing Division, P.O. Box 12847, Austin, TX 78711. This will ensure you receive licensing information from TDA. Recordkeeping Commercial, noncommercial and NCPS applicators shall maintain records of all pesticide applications as required by all applicable local, state, and federal laws. Integrated Pest Management Program 18 | P a g e Pest Management Procedures STRATEGY 2: Management Methods for Pest Problems PURPOSE This Strategy establishes the principles governing PARD's approach to pest management for all its lands. BACKGROUND PARD utilizes the principles of Integrated Pest Management in managing land under its care. IPM is a coordinated decision-making process that uses the most appropriate management strategy on a site- specific basis. The IPM process first determines if a pest needs to be managed, and if so, how best to do it. Key elements of an IPM program are information gathering, well-informed decision making and monitoring of results. Through proper decision making, the IPM process promotes effective, low-risk management strategies to manage pests. The management techniques used in this program include biological, cultural, physical, and chemical. Often a combination of methods is used. The following terms are used as defined: Threshold is used to describe a level of pest presence above which unacceptable amounts of negative plant health impacts, negative environmental impacts, negative effects on infrastructure and assets, intolerable aesthetic impacts, or undue safety risks are likely to occur. Action level is the point at which control measures are necessary to prevent a pest population or its impact from exceeding the threshold. STRATEGY PARD shall employ integrated pest management principles in managing pest problems. Managers, Supervisors, Landscape Technicians, and other licensed applicators shall monitor plant health status, landscape conditions, and the presence of unwanted vegetation. They will assess appropriate thresholds and determine action levels on a site-by-site basis. All licensed applicators shall use approved management strategies to determine an effective, feasible, and economically sound pest management method that does not create undue risk to the public or the environment. If a pesticide is chosen as the best method for pest management, licensed applicators shall choose appropriate materials only from the list of Approved Pesticides specific to their work unit found in Appendices 1-4. The suitability of the material, nature of the site, potential health and safety effects, potential environmental effects, overall costs, characteristics of the product and any other special considerations related to the situation shall be taken into account in this process. After control measures have been made, the site should be monitored to assess any impact and the efficacy of the measures taken. Integrated Pest Management Program 19 | P a g e STRATEGY 3: Pesticides Approved for Use by PARD Personnel PURPOSE This Strategy establishes oversight procedures over all pesticide materials available for use on park land by PARD personnel. It defines the process of selection of pesticides that are approved for use on PARD property. BACKGROUND Pesticides vary widely in their characteristics and not every legally registered pesticide may be appropriate for use on park land. Pesticides must be carefully evaluated for their suitability for PARD IPM use before they are included on a work unit approved list. Only properly evaluated pesticides are placed on approved lists specific to individual work units. Parks and Recreation experience and IPM principles show that it is more desirable to have a specialized selection of products that target specific pests, rather than a smaller number of general-purpose pesticides. This aids in limiting the effects of the control to the target pest only. It aids in reducing the number of resistant pests that may arise from continued use of a small number of controls. It also leads to an overall reduction of pesticide usage required. STRATEGY The PARD Director and Superintendent shall maintain a list of pesticides approved for use by PARD personnel on park property. Once approved, the list “Criteria for Choosing a Pest Management Method,” page 14, shall be used in choosing the proper pesticide for a given purpose. Pesticides shall be chosen after assessing toxicological impacts, environmental impacts, efficacy, feasibility, cost, and all other pertinent aspects of their use within an IPM approach. The PARD Director and Superintendent shall be available for consultation in choosing a pesticide that best meets a defined need. Only pesticides from the approved lists shall be chosen, unless approved otherwise from the PARD Director and Superintendent. The lists shall be reviewed on an ongoing basis so that they are as up-to- date as possible. Any pesticides that are proposed for addition or deletion from the list shall be approved by the PARD Director and Superintendent. The PARD Director and Superintendent will remain current with EPA registration and review activities. A pesticide deleted from the general approved list but placed on the “Use Up Do Not Restock List” is approved for use within specified units until current supplies are exhausted unless otherwise noted. All federal and state pesticide laws shall be adhered to. Deletion of a pesticide due to loss of federal or state registration will be upheld as per the schedule set by law. Use of unauthorized pesticides or use of pesticides for unapproved or illegal applications will be cause for disciplinary action. Parks and Recreation Strategy adheres strictly to all label requirements concerning safe, legal and effective use of pesticides. Applicators must ensure that any pesticides utilized conform to the appropriate approved list. Special consideration is to be taken when implementing pest management methodologies in areas designated as environmentally sensitive areas (ESA). Integrated Pest Management Program 20 | P a g e STRATEGY 4: Notification of Pesticide Use at a Site PURPOSE This Strategy establishes procedures for notification of applications for all pesticide materials being applied by PARD personnel. BACKGROUND PARD understands that park users may want to be informed of pesticide applications. Label requirements for pesticide applications may also mandate that entry to treated areas be avoided for a specific interval. Park users may also wish to find out further information about pest management activities occurring at a park site. To satisfy these needs, all pesticide applications will be accompanied by notification signage and/or site identification method so that park users are made aware of the treatment. STRATEGY It is the Strategy of the City of Denton to notify park visitors of pesticide application sites using various methods of notification. The primary method is the placement of on-site signs. These signs are posted at the time of application and placed in clearly visible locations, at conspicuous entries, at trail heads, and/or application sites. Signs will remain posted for a minimum of 48 hours after the application. The intent of the placement of the signs is that park users will encounter them before they have had an opportunity to enter the treated area. The ONLY exception to the sign postage is for spot spraying applications made with a backpack sprayer, hand-held pressurized sprayer, or granular insecticide targeting an immediate threat (i.e. fire ants). Blue dye will be added to all spot spray application, so park visitors can easily identify the areas in a park that have sprayed. Dye will not be used for broadcast applications. If an entire park has been spayed, it will be noted on the posting signs. PARD will utilize other methods of notification such as electronic postings and public notices placed in public buildings and recreational centers. Notices of broadcast spraying will be posted on the PARD website and/or other applicable communication platforms. The notice will include the location and date of the spraying and the product that was used. A staff contact will be listed to provide additional information upon request. Integrated Pest Management Program 21 | P a g e STRATEGY 5: Pesticide Application on Park Property and Street Rights-of-Way PURPOSE This Strategy establishes procedures for applications for all pesticide materials being applied by PARD personnel. BACKGROUND It is the Strategy of Denton Parks and Recreation for their employees to apply pesticides in a legal manner and to adhere strictly to all precautionary requirements for their use. This Strategy outlines procedures for pesticide application in parks and street rights-of-way that are maintained by PARD employees. All EPA registered pesticides are accompanied by a legal label specific to each product that defines all legal uses. Pesticides must be used according to these label directions. STRATEGY The pesticide must be used only on sites and targets specified in the label. Higher dosages, higher concentrations, or more frequent applications than the label allows for are not permitted and is against state law. Directions for use, safety, mixing, diluting, storage, and disposal, as well as any restrictions on re-entry must be met. The following criteria shall be met when applying pesticides. Some of these are addressed more specifically in other policies.  The label is the law.  Personal Protective Equipment (PPE) shall be used wherever indicated and it must be maintained in a workable and safe condition.  Spray equipment shall be maintained in a safe and operational condition. Where applicable, spray equipment shall be calibrated regularly.  Anti-siphoning devices shall be used when filling large spray tanks.  “Criteria for Choosing a Pest Management Method” will be used in making choices.  Pesticides used shall be chosen from the approved lists as provided for the appropriate work units.  Pesticides shall be applied only when appropriate weather conditions exist.  Notification signs shall be posted in areas where pesticides are being applied.  All applications shall be recorded on approved application record forms. Process for Utilizing Pesticides on Park Property or Street Rights-of-Way i. A park employee identifies or is informed of a pest problem. ii. Thresholds and action levels are determined by a licensed applicator or supervisor for the specific pest problem in question. iii. Management strategies are determined by a licensed applicator. Special situations may require expertise from outside PARD such as university diagnostic laboratories. If pesticides are to be used: 1. Choose the pesticide using the “Criteria for Choosing a Pest Management Method,” and “Approved List of Pesticides” for the appropriate work unit. 2. Check application equipment for safety and mechanical problems, and ALWAYS calibrate before each use. Integrated Pest Management Program 22 | P a g e 3. Check weather conditions. Applications should be done when appropriate wind conditions exist to minimize drift and volatilization. Adjustments should be made for spray droplet size and pressure if conditions warrant. No application should take place where there is unacceptable drift. Application is allowed outside park curfew hours. 4. Post notifications as required except for spot spraying or mound treatment of ants, to inform the public of the application. For specific rules, see the Notification Policy. 5. List re-entry specifications on the signs if required by the label. 6. Apply material according to the label and in accordance with state and federal regulations. 7. Record applications of pesticides on the approved forms. 8. Remove signs after the label designated re-entry requirements have been met or after 48 hours has passed since the application. This is usually when the liquid pesticide has dried, unless indicated otherwise on the label. 9. Evaluate the results of management measures. Integrated Pest Management Program 23 | P a g e STRATEGY 6: Pesticide Application Recordkeeping PURPOSE This Strategy establishes recording and reporting procedures for all pesticide applications taking place on park land by PARD personnel, or any other agency, department, company, or individual whether they are acting as a contractor or acting in a voluntary (approved) manner. BACKGROUND PARD finds that detailed recordkeeping is an essential part of IPM implementation, and is vital in communicating, reporting, and analysis of pest management activities. State law requires that written records be kept for pesticide applications. The law requires that licensed applicators record the details of pesticide applications and keep these records for two years. These records must be stored in a central location and be available for review. STRATEGY It is the Strategy of PARD to record and retain records of all pesticide applications performed on park land. Each application event will require an application form to be completed. The PARD Superintendent should review these on a periodic basis. A master file of these records shall be kept at a central location, such as the office where the licensed applicators work out of and maintained by their supervisor. Each operating unit shall keep a record file related to pesticide applications by their own personnel. Information regarding application of pesticides to park lands by state certified applicators who work for a bonded company and who have been contracted for application shall also be recorded including all information fields required by the TDA. Copies of these records must be provided to the PARD Superintendent upon request. The following information must be included on the recording forms for each pesticide application by an PARD employee: Date of application, application start time, location of site treated, name of applicator, state license number, temperature, wind conditions, equipment used, target pest, total area treated if applicable, names and EPA numbers of all products applied, mix ratio / rate of product per unit, total volume of material applied, coverage rate where applicable, and aquatic buffer designation where applicable. At the end of each calendar year, all pesticide records will be submitted to the PARD Superintendent for pesticide reporting. These will then be collated onto a single form and submitted no later than March to the Watershed Protection Coordinator. Integrated Pest Management Program 24 | P a g e Pesticide Material Management STRATEGY 7: Use of Remaining Pesticide Solutions and Rinses PURPOSE This Strategy establishes procedures for the use and disposal of any pesticide remains generated by PARD applicators. It outlines methods for use of remaining pesticide solutions and rinses in a legal and safe manner. BACKGROUND Applicable laws require that all pesticide solutions and rinses be applied to target areas according to label directions. These solutions and rinses may also be disposed of at an authorized pesticide disposal site. It is the goal of PARD to conduct our pesticide operations so that disposal of remaining material is not necessary. STRATEGY Pesticide solutions and rinses should be applied according to the label directions, and to legal target sites so there are no pesticides remaining. This shall be accomplished by accurately gauging the amount of pesticide needed for the job. PARD promotes the use of advance planning to minimize the number of times it is necessary to switch pesticides in spray equipment. In order to reduce the amount of excess rinsate, it is the Strategy of PARD to rinse equipment only at the end of the spray cycle or when changing to pesticides that are incompatible with those in the tank. It is a legal requirement to fully label all tanks and sprayers containing leftover pesticides at the end of each day. PROCEDURES Following are some considerations to make before beginning an application to assure the proper amount of pesticide is mixed. Advance considerations:  Weather conditions and predictions.  Acreage/square footage of the job site.  Calendar: special events, mowing, irrigation, etc.  Type and size of the equipment appropriate to do the job. When applying the pesticide use the following procedures to reduce and safely store the rinse solution. These are secondary to label information and State and Federal regulation.  Mix only enough pesticide solution to do the job that day.  Use up all pesticide, applying until the tank is empty, or no more solution is coming through the nozzle.  If pesticide mix remains, completely label the tank or sprayer with legal labels for the products used. Also mark the current concentration for each product, the date, and the name of the applicator.  When resuming spray applications, the next time, either use the leftover material, or add dilution water and circulate the mix thoroughly before adding new concentrate.  If spray tank rinsate is created, store the rinsate as make-up water for the next day. The next day's pesticide should be compatible or the same. The same labeling requirements pertain to the rinsate mix. Rinse the sprayer if the following conditions apply: Integrated Pest Management Program 25 | P a g e  It is necessary to use a pesticide incompatible with that previously used.  It is the end of a spraying cycle. Use the following rinse process: 1. Read the pesticide label. The following should not conflict with label information or State or Federal regulations. Contact your supervisor if you see a conflict or have questions. 2. Wear protective clothing, as listed on the label when handling pesticides, pesticide containers, or pesticide equipment. 3. Fill the spray equipment approximately ¼ full with clean water. Shake or agitate so that all inside surfaces are washed. If possible, use the spray hose to rinse the inside surface of the tank. These procedures should coincide with all labels. 4. Spray the rinse water out of the spray equipment onto an approved target area. Rinse water should be run through all hoses, booms, etc. Filters should be cleaned. Because of the dilute nature of the pesticide in the rinse water, a coarse spray can be used and is recommended to save time. Do not “pond” or saturate the soil. 5. If the tank is to be stored, repeat step 3 and 4 above two times until the tank is clean. Cleaning motorized, mechanical sprayers: 1. No pesticide solution shall be left in the tank or any other moving part overnight. 2. Equipment must be cleaned according to manufacturer’s recommendation and in accordance to label recommendations. a. This ensures longevity of equipment and safety measures should the equipment need to be worked on. b. This prevents an environmental hazard should the tank, hoses, or pump begin to leak. Integrated Pest Management Program 26 | P a g e STRATEGY 8: Storage and Transportation of Pesticides PURPOSE This Strategy defines the method and procedure for storage of pesticide materials for all PARD locations and personnel. BACKGROUND Attention to the proper storage is vital to assure public and employee safety, as well as to protect the investment in their purchase. Several agencies are involved in regulating aspects of pesticide storage. No single agency has comprehensive authority. Agencies involved include State of Texas Department of Agriculture, Texas Commission on Environmental Quality, U. S. Environmental Protection Agency, Texas State Fire Marshall, and the Denton Fire Department. Pesticides will be stored and transported in a manner that reduces the risk of spills, exposure, theft, degradation, contamination, or loss. STRATEGY Pesticides or pesticide containers shall be kept in secure and safe locations in accordance with existing laws. They shall be kept in a secure location and, if possible, in a temperature controlled, well-ventilated area. Areas used for storage shall be labeled and designated for use by work unit supervisors. Pesticides shall be safeguarded from environmental damage such as extreme temperature, photodecomposition or moisture. All pesticides in storage shall be inspected regularly and, if necessary, rotated on the shelf to assure that the oldest dated items are used first. Storage of pesticides shall be in accordance with applicable laws. Individual sites may store pesticides if they are in spill-proof and lockable cabinets and labelled as pesticides. Appropriate containers will be approved by the Park Manager. Pesticides being transported shall be appropriately and safely secured in the vehicle. Only licensed applicators shall transport pesticides. Appropriate spill response supplies must be immediately available. Pesticides shall not be transported in passenger cabs of vehicles where alternatives exist, such as truck beds, truck boxes or vehicle trunks. Integrated Pest Management Program 27 | P a g e STRATEGY 9: Disposal of Empty Pesticide Containers and Unusable Pesticides PURPOSE This Strategy defines the method and procedures for the disposal of pesticide containers and unusable pesticides or those pesticides whose registrations have been totally or partially suspended. BACKGROUND PARD considers proper disposal of unusable pesticides and pesticide containers of the utmost importance to the safety of employees, the public, and the environment. Several governmental agencies regulate pesticide disposal. No one agency has comprehensive authority. Agencies involved include the Texas State Department of Agriculture, Department of Environmental Quality, Environmental Protection Agency, and Occupational Safety and Health Administration. PARD will comply with all relevant laws governing the proper disposal of these materials. STRATEGY PARD shall dispose of pesticides and empty pesticide containers in accordance with all State and Federal regulations and label recommendations. Disposal of pesticide containers and unusable pesticides not in accordance with this Strategy will be cause for disciplinary action. PROCEDURES Read the pesticide label. The following steps should not conflict with label information or state and federal regulations. Contact your supervisor if you determine a conflict or have other questions. Always wear protective clothing when handling pesticides or pesticide containers, as directed on the label. For non-rigid containers including bags, sacks, and boxes 1. Pesticide material must be emptied into application equipment to the extent made possible by physical agitation of the container. 2. Visually verify that residues have been removed. 3. Multiple-rinse non-rigid containers such as paper lined with plastic or foil. 4. Place in a plastic bag and mark as to contents. For rigid containers such as plastic, glass, or metal 1. Pesticide material must be emptied into application equipment to the extent possible by pouring, then visually verifying that the residues have been removed. 2. The container must be rinsed with clean water until clean; the rinse water being poured into the spray equipment. Empty the pesticide and all rinsates into the sprayer before the full amount of diluting water is added to the spray equipment. 3. Place in a plastic bag and mark as to contents. Storage of Containers 1. Containers must be stored in plastic bags in a secure area until they can be taken to a secure collection site. The Park Maintenance Complex is a designated secure collection site. 2. Containers must be transported to and placed in the designated secure container box at the Park Maintenance storage area. Each container product name and size must be recorded by a licensed applicator on the designated form at that time. Integrated Pest Management Program 28 | P a g e 3. An inventory of products will be maintained by PARD. For each container, record the date, name of the pesticide, quantity and size of the container. These records shall be kept at the site, and copies forwarded to the PARD Superintendent and the City’s Risk Manager as required. Disposal of Unusable Pesticides Unusable pesticides are ones that: 1) are damaged through vaporization, freezing, infiltration of moisture to containers or photo decomposition; 2) have exceeded their shelf life; or 3) have visually changed their composition or structure in some manner. 1. The PARD Manager and/or Supervisor should be informed of plans to dispose of pesticides and of results of the disposition. 2. The PARD Manager and/or Supervisor will contact the TDA, the manufacturer or dealer and/or a licensed consultant and find out if the product is still usable. 3. If the pesticide has less activity due to long storage, moisture, or freeze damage, follow the recommendations of the dealer, manufacturer, or licensed consultant and use procedures in this Strategy as they apply. One option could be to apply the material realizing that full control is not achievable using the damaged pesticide. 4. If this option cannot be followed legally, follow recommendations of the dealer or manufacturer or licensed consultant. It is not legal to transfer damaged or altered pesticides to another party for use. It may be necessary to arrange for disposal of the pesticide in a manner recommended by TCEQ. 5. The Pesticide Licensed Applicators are responsible for properly disposing of pesticides according to law and TDA. A record of these disposals should be kept on file for three years. Disposal of Pesticides with Totally or Partially Canceled Registrations (or those which have been removed from approved use by PARD.) 1. The PARD Manager and/or Supervisor shall keep up-to-date on the pesticide regulatory news and respond to pending actions appropriately to minimize or eliminate stocks of unusable pesticides. 2. If unusable pesticides remain in stock, PARD will follow recommendations of the regulatory agencies, manufacturer or dealer in finding a legal user for the pesticide. If the pesticide is unopened and/or still retains its integrity it may be possible to transfer the pesticide to a legally registered bureau, agency, or group to use. 3. It may be necessary to dispose of the pesticide in a manner recommended by TDA and TCEQ. Integrated Pest Management Program 29 | P a g e Safety Measures and Emergency Response STRATEGY 10: Use of Protective Clothing and Equipment PURPOSE This Strategy outlines the requirements for the use of protective clothing and equipment by PARD personnel when undertaking pest management activities. BACKGROUND Use of pest management tools, equipment, and materials may require the use of personal protective equipment (PPE). Use of such equipment is necessary to provide an adequate measure of safety for the applicator. This protective equipment will be clearly defined in the legal pesticide label directions or directives in equipment manuals. When such directives exist, they must be adhered to. Use of appropriate protective equipment may not be so clearly defined for all pest management methods, and in such cases, it is the responsibility of the applicator to determine and employ adequate safety equipment. STRATEGY Personnel engaged in the use of pest management tools, equipment, or materials shall follow all clothing and equipment requirements required to ensure their safety. When using pesticides, the label directives for use of PPE must be adhered to. Use of related power and mechanical equipment must be accompanied by appropriate PPE as determined by equipment manuals or supervisor's directives. Required personal protective equipment appropriate to satisfy specific pesticide label requirements shall be provided by PARD to employees for their use. This may include, but is not limited to: respiratory protection, eye protection, coveralls, rain gear, mixing aprons, chemically resistant boots, gloves, head protection, and hearing protection. Time will be made available to wash up before lunch and at the end of the work shift. The applicator is responsible for cleaning, storing, and maintaining PPE and equipment in a safe and useful manner. Applicators may also provide their own additional PPE if desired, if such equipment and its use has been previously approved by their supervisor. If applicators apply organophosphate and carbamate insecticides in amounts and frequencies determined by Natural Agricultural Safety Data base to require cholinesterase blood tests, PARD will provide for these tests. This testing monitors the potential depletion of the enzyme cholinesterase in the blood, an indicator of exposure to these materials. Integrated Pest Management Program 30 | P a g e STRATEGY 11: Emergency Information Concerning Accidental Pesticide Exposure PURPOSE This Strategy establishes procedures for the proper response to employee and citizen inquiries regarding accidental exposure to any pesticide material used by PARD staff. It defines PARD's response to inquiries concerning adverse health effects as a possible result of accidental exposure to pesticides. BACKGROUND PARD's handling of public inquiries should be prompt, professional, and well-supported. While PARD can answer general questions, PARD does not have medical professionals on staff to address specific medical questions relevant to accidental exposure. This expertise is readily available in the health care community. Therefore, concerns of this nature will be referred to qualified medical personnel for resolution. STRATEGY PARD will inform applicators of proper procedures to be taken in case of pesticide exposure. Anyone inquiring about pesticide exposure will be referred to his or her own personal physician, the Central Texas Poison Center (CTPC), or the Texas Department of State Health Services (DSHS). A list of these authorities and their phone numbers are listed in the appendices. Safety Data Sheet (SDS) information about all hazardous substances in the workplace is available to all personnel. This information includes symptoms of exposure, and procedures for handling overexposure to individual pesticides. If symptoms of illness occur during or shortly after applying pesticides, the CTPC should be contacted or the individual should receive medical attention immediately. Non-emergency questions received by PARD shall be referred to the PARD Agronomist and IPM Coordinator. The PARD Manager and/or Supervisor will provide information to the questioner or refer them to qualified individuals or sources for further information. PROCEDURES  Use planning to avoid emergencies and to expedite aid should an accident occur.  Be informed of the symptoms of exposure and the decontamination steps necessary in case of accidental exposure.  Use all safety procedures and protective gear as recommended on the label.  Have a copy of the appropriate label available when applying or transporting pesticides (concentrated and dilute.) In case of a medical emergency related to suspected pesticide exposure:  Handle any emergency situation as per First Aid instructions, or label and SDS.  Call for emergency backup if necessary.  Refer to Central Texas Poison Center.  Take a label for reference for medical personnel if it is necessary to leave the site.  Inform your supervisor as soon as possible.  Inform the PARD Manager as soon as possible. Integrated Pest Management Program 31 | P a g e In response to a non-emergency inquiry:  Respond to questions to the best of your ability.  Refer detailed or technical questions to the Park Manager.  Inform your supervisor. Integrated Pest Management Program 32 | P a g e STRATEGY 12: Pesticide Spill Response PURPOSE This Strategy outlines the objectives, training requirements and procedures PARD personnel should follow in response to an accidental release of pesticides. This applies to all PARD staff involved in applications of pesticides, handling of pesticides, or acting in a communications response role during a spill incident. BACKGROUND Several state and federal regulations apply to an unintentional release of pesticides. Several state and federal regulations apply to an accidental release of hazardous materials. The Department of Transportation (DOT) and the Public Utilities Commission (PUC) regulate the transport of hazardous waste resulting from a spill and the release of chemicals if it occurs when they are being transported. The Environmental Protection Agency (EPA) and the Texas Commission of Environmental Quality (TCEQ) protect the environment through regulation concerning prevention of and response to the contamination of water, land, and air resulting from a pesticide spill. They are also tasked with the responsibility to make sure that the pesticides are properly disposed of. These regulations are incorporated into the procedures outlined here. Through its Pesticide Spill Response Strategy, PARD strives to take a leadership role as a steward of public land and of the environment. STRATEGY The primary method by which PARD reduces pesticide spills is through prevention. Through planning, preparation, adherence to good work practices, and increased awareness of the potential results of a spill, the possibility of a spill occurring is minimized. PARD personnel will respond in accordance with all governmental regulations, including those of DOT, EPA, TCEQ, OSHA, and this Strategy should an accidental release of a pesticide occur. In performing emergency activities following a spill, protection of both employees and the public, is of great concern, as is protection of property and the environment. Anyone liable for a spill shall immediately clean up the spill or release. The cleanup must use the best available methods to achieve the lowest practicable level of contamination. OSHA, which is concerned with worker protection, has two regulations governing spills. The first one, Hazard Communication, applies to incidental spills that present a low potential of hazard to the worker, the public and the environment. Included are small spills of dilute pesticides, spills of material with granular formulations, and lower toxicity materials. The other regulation, Emergency Response, applies to incidents with a high degree of hazard such as large spills of dilute material, pesticides with higher toxicity, and concentrates in a confined space. An incidental spill becomes an Emergency Response when: 1. The release or spill significantly impacts another agency's functions; 2. The incidental spill precipitates evacuation or curtailing of work; 3. The event causes a negative impact on neighboring facilities or the community; or 4. The spill involves a coordinated effort by local first responders. Integrated Pest Management Program 33 | P a g e Only licensed pesticide applicators can transport or apply pesticides. They will receive training and equipment that will allow them to respond to incidental spills. Spills that require an Emergency Response will be handled by a local HAZMAT team. An assessment and evaluation of the quantity, hazardous level, and impact of each spill will be conducted. Spills will be reported as required by local, state, and federal regulatory agencies. PARD will coordinate response and reporting activities with the local HAZMAT team, the Emergency Management Coordinator, and the Director of Environmental Services. The spill need not be reported immediately if it occurs on a surface impervious to the hazardous material and is fully contained, and if it is completely cleaned up without further incident, including repairing the cause of the spill. The PARD Manager and Supervisor will determine whether these agencies should be contacted. Particular attention should be paid to ensure that a pesticide does not pollute the water supply. A primary aim in following the procedures outlined here is to recover and reuse as much of the spilled pesticide as possible. Any absorbent or other contaminated material from which the spilled pesticide cannot be recovered is hazardous waste and must be labeled, stored and disposed of properly. RESPONSIBILITY AND TRAINING Parks and Recreation has identified three levels of spill response. The levels and their training requirements are described below: Level Description and Training Level I is for individuals who come into indirect contact with pesticides and their use. They must be able to recognize and respond to an emergency by obtaining and passing on information, and by making the appropriate notifications. They will not take an active role in containment and clean up procedures. People at this level will have sufficient training to acquire competency in the following areas: 1. Familiarity with CHEMTREC6 (provides access to technical experts on chemical products and hazardous materials and maintains a large database of Material Safety Data Sheets. CHEMTREC can be reached at (800) 424-9300) and an understanding of their own role in an emergency. 2. An understanding of pesticides as hazardous substances, and the risks associated with them in a spill. 3. The ability to recognize the presence of hazardous material in an emergency. 4. The ability to recognize the need for additional resources, and to make appropriate notifications. People in this category include those Park Managers supervising park operations. These individuals will receive additional training to familiarize them with their role in the case of an emergency. Level II is for licensed applicators that apply or transport small volumes of low to moderately toxic pesticides. This level includes response to incidental spills. Individuals at this level are trained to prevent spills from occurring. Should one occur, they are trained to stop the release, keep it from spreading, and do cleanup. Most of PARD’s licensed pesticide applicators are in this category. Individuals at this level will receive training in addition to pesticide applicators, along with hazard communication and respiratory protection training. They must exhibit competency in the following areas as well as those listed in the base level. Integrated Pest Management Program 34 | P a g e 1. Familiarity with activities which promote spill prevention. 2. Familiarity with the Spill Response Program and their own role in an emergency. 3. Knowledge of safety and health hazards of hazardous materials in a spill. 4. An understanding of basic chemical and toxicological terminology and behavior. 5. Knowledge of work practices that employees can use to minimize risks from hazards. 6. Selection and use of proper personal protective equipment. 7. Identification of symptoms that may indicate overexposure to hazards. 8. Implementation of basic decontamination procedures. 9. Performance of basic control, containment, and clean-up techniques. 10. Skill in determining when a spill is fully cleaned up. Level III training includes individuals who apply or transport over 50 gallons of dilute pesticides, or more than 1 gallon or 10 pounds of concentrate with a danger label. They are trained to stop the release, keep it from spreading and do cleanup. 1. Knowledge and use of spill prevention techniques for larger equipment. 2. Knowledge of hazard and risk assessment techniques. 3. An understanding of basic hazardous materials terms. 4. An understanding of basic chemical and toxicological terminology and behavior. 5. Selection and use of proper personal protective equipment appropriate for more toxic pesticides. 6. Implementation of decontamination procedures. 7. Performance of control, containment and clean up techniques. This level includes the PARD Manager and Supervisor directly overseeing landscaping and ground maintenance and who will be coordinating with officials on notifying regulatory agencies, documenting incidents, ensuring that the cleanup is complete, and making arrangements for disposal of hazardous waste. SPILL PREVENTION PARD personnel will employ a variety of practices to reduce the potential of a pesticide spill. These will include the following: Purchasing When procuring chemicals, a factor in determining which chemical formulation to purchase will be the ease with which it can be cleaned up in the event of a spill. Types of packaging and formulations that may help to prevent a spill from occurring will be factors as well. Characteristics of the pesticide, such as toxicity and reactivity that may affect the seriousness of a spill, will also be considered. Preparation Planning, training of personnel, and acquisition and maintenance of equipment and supplies will be done to reduce the risk of a spill occurring, and to minimize damage should one occur. For example, regular preventative maintenance will be done on sprayers, replacing hoses and valves before they wear out. Work Practices Integrated Pest Management Program 35 | P a g e PARD personnel will use practices to minimize the potential for a spill to occur, and to ease clean up should one occur. For example, pesticides should be placed in a leak-proof container while being transported. PESTICIDE SPILL PROCEDURES Pesticide spills can pose serious threats to human health and cause significant environmental contamination. A thorough knowledge of the appropriate steps to take in the event of a spill will allow you to minimize the potential for adverse effects and may save you a great deal of money in expensive cleanup costs. Always be prepared to handle spills before they occur. It is a good idea to have a spill kit in storage and mixing areas. Contamination can greatly increase when delaying response to a pesticide spill. Spills may be relatively minor, involving one or a few leaking containers. However, major spills, such as when a sprayer overturns spilling its contents, can and do occasionally occur. Regardless of the magnitude of the spill, the objectives of a proper response are the same. 1. ASSESS the situation 2. CONTROL the spill. 3. CONTAIN the spill. 4. CLEAN IT UP. 5. DOCUMENT the spill. (NOTE: Should a release of a pesticide occur, the following guidelines shall be used: Do not clean up the spill if you are not properly trained, if you don’t have proper protective equipment or if doing so would endanger your health or safety.) ASSESS THE SITUATION 1. Out of Control Release: a. Tell bystanders to remain at a safe distance. b. Call 911. Ask for fire; describe the situation as a hazardous materials spill. If there are injured people, ask for an ambulance. If chemical injury is involved, be certain that a copy of the label accompanies the victim. c. Assist injured people. Remove contaminated clothing immediately. d. Determine whether there is an imminently hazardous situation that you can take steps to correct. (For example, it may be appropriate to move the truck away from a waterway or heat source.) e. Contact supervisor. f. If the spill is on a roadway, set up DOT reflectors upwind of spilled materials and divert traffic if possible. g. Remain on site and update the Denton HAZMAT Team as new information develops. 2. Controllable Release and there are no injuries: a. Tell bystanders to remain at a safe distance and initiate control and clean up procedures outlined in CONTROL THE SPILL. You should be also putting on any PPE necessary. 3. Report the Spill Integrated Pest Management Program 36 | P a g e Notification will depend on the hazard level of the product spilled, the nature of the spill and state regulations. Part of preparation should be to know the cleanup procedure and reporting sequence for each product. A supervisor should be notified immediately. As a rule, the Emergency Management Coordinator, Risk Manager, and Watershed Protection Department should be notified for all reportable spills. When you notify authorities of an emergency, have the following information:  The name and phone number of the contact person at the facility where the spill occurred;  The location of the spill and if water is threatened;  The name of the chemical spilled;  If the product is known to be acutely toxic;  The estimated quantity spilled;  The extent of injuries or exposure;  The cause of the spill;  Action taken to control and contain the spill;  Planned cleanup procedures, evacuation and other precautions; and  When the spill occurred. CONTROL THE SPILL When attempting to control the flow of the chemical, do not expose yourself unnecessarily. Always carry protective clothing, Personal Protective Equipment (PPE) and spill containment equipment when transporting pesticides. Use this equipment when pesticide emergencies occur. 1. Put on protective equipment. 2. Do not allow the material to enter a drain. Survey the area to see if there is a need to place a dam to protect a sewer drain or another waterway. If the pesticide does enter a drain, reduce the flow as much as possible, and call Watershed Protection at 940-349-7123 immediately. If not available 940-349-7000. 3. Stop the flow of the chemical.  If the spill is from a leaky container, position the container to prevent additional spillage.  If the spill is from a leaky valve, isolate the valve and depressurize the tank.  If the spill is from a broken hose shut off valve or pump it may help to loop the hose back into the tank.  If there is a rupture, use duct tape or any other material (such as rags or a patch) to stop the flow of a chemical. 4. Contain the spill using absorbent material. Call the Denton HAZMAT Team to request additional supplies, resources, and assistance if needed. 5. Change or add to your protective equipment as necessary. Put contaminated protective equipment in a plastic bag to transport to your work unit for cleaning. Follow proper decontamination procedures for protective equipment. CONTAIN THE SPILL After the leak has been controlled as well as possible, contain the spilled material in as small an area as possible. With liquid spills, construct a dam to prevent the chemical from spreading. It is particularly important not to allow any chemical to get into any body of water, including storm sewers. Do not hose down the area; this will cause further spread of the chemical. Liquid spills can be further contained by spreading absorbent materials such as fine sand, vermiculite, sawdust, or clay over the entire spill. For Integrated Pest Management Program 37 | P a g e absorbing small spills and minor leaks, kitty litter is particularly useful. (NOTE: Avoid the use of sawdust or sweeping compounds if the pesticide is a strong oxidizer. Such a combination presents a possible fire hazard.) CLEAN UP THE SPILL After the spill has been contained, consult with the Denton HAZMAT Team and Watershed Protection on clean up. 1. For dry material, sweep up the pesticide. 2. For a liquid spill, materials such as absorbent dikes, pillows, and towels can be used to absorb a product. 3. For concentrate spills on pavement, after picking up as much as possible, contain the area and wash the pavement with a small amount of water. Absorb this diluted pesticide and reclaim it. 4. If the soil has been contaminated, contact the Denton HAZMAT Team. The PARD Manager, your supervisor, and you will determine to what degree cleanup should proceed using PARD personnel. You may be asked to remove the contaminated soil. If so, scoop up enough soil to completely remove the pesticide. Place unusable material in a container labeled “Hazardous Waste”. Coordinate the disposal of the material with the Denton HAZMAT Team and/or Risk Management. 5. Contact the Denton HAZMAT Team if it has not been done already. Have the Spill Incident Report ready so that your supervisor and the PARD Manager can evaluate the situation. DOCUMENT THE SPILL 1. Complete a Pesticide Spill Incident Report. 2. A copy of the report will be filed with the PARD Manager and Supervisor directly overseeing landscape and ground maintenance operations. 3. All Pesticide Spill Incident Reports will be reviewed by the PARD Manager and Supervisor. A debriefing of the incident will be held with staff and additional training will be provided based on the nature of the incident. 4. Restock the Spill Kit Pesticide Spill Kit Response Equipment The following items must be immediately available to all persons applying or transporting pesticides: 1. Hard copies or mobile access to the following information:  Chemical labels for materials being transported;  SDS for chemicals being transported clipped to front of binder;  Pesticide Spill Response Procedures and Incident Report;  A DOT Emergency Response Guidebook; and  Emergency phone numbers 2. A radio, other two-way communication device, or cellular phone if there is the potential of a spill occurring that would require assistance. 3. Personal protective equipment appropriate for handling the pesticides being applied or transported in the event of a spill. 4. An eyewash either on the truck or on site and immediately available in the case of an emergency. 5. Tools and supplies to make repairs to the application equipment and to stop leaks. Integrated Pest Management Program 38 | P a g e 6. A means of picking up spilled material. Depending on the formulation this may include absorbent material, broom and dustpan, or shovel. 7. Plastic recovery bags and ties for the material and for contaminated personal protective equipment. 8. A jug of water and detergent. Integrated Pest Management Program 39 | P a g e Targeted Pest Management STRATEGY 13: Turf Broadleaf Weed Management PURPOSE This Strategy defines the management of weeds in the managed turf areas in the City of Denton parks and recreation areas and the use of selective turf herbicides by an applicator. BACKGROUND For turf to function in the manner it was intended, appropriate maintenance standards may require management of weeds within these sites. While the subject of overall turf health is a topic too complex to cover in detail within this Strategy, the management of weeds in designated turf sites shall be regulated by this Strategy. The establishment and maintenance of quality turf requires a proper site, good root zone conditions, optimum fertility levels, adequate irrigation, correct mowing practices, and other factors. PARD relies primarily on attention to these siting and cultural factors in maintaining turf and minimizing the density of weeds. Adherence to good cultural practices aids in development of healthy stands of turf which resist establishment of weeds. Selective herbicides can also be used as effective tools to reduce or eliminate populations of weeds in turf as part of an overall program of turf health maintenance. Examples of turf health practices currently employed by PARD:  Proper siting.  Site and soil preparation.  Drainage improvements.  Pruning of adjacent plants for increased sunlight penetration.  Proper selection of grass varieties.  Core aeration.  Overseeding.  Mulch mowing to leave clippings on site.  Mowing at the proper height and frequency.  Proper irrigation practices.  Proper fertilization.  Application of selective broadleaf and grassy herbicides. STRATEGY Turf plays various important functions in our parks. When an area has been determined to be maintained as turf, it is the Strategy of PARD to do so primarily through the implementation of proper planning, cultural, and mechanical practices. These practices are generally adequate to keep the population of turf broadleaf weeds at acceptable levels. At certain sites these practices alone may not be adequate to keep broadleaf weeds at acceptable levels. An acceptable level of turf quality and tolerance of weed infestation varies with the site. The threshold at which controls may be necessary shall be determined on a case-by-case basis taking into consideration such factors as location, public expectation, the manner of activities taking place on the turf, the history of previous control attempts, and stresses placed upon the site. The management effort must consider and employ all applicable cultural and mechanical methods as components of a plan to return the turf to an acceptable level of Integrated Pest Management Program 40 | P a g e quality. Goals of these methods may include reducing soil compaction, improving soil structure, seeding, increasing drainage capacity, and encouraging healthy and vigorous turf growth through proper fertilization. PROCEDURES For proper IPM, it is essential that there be proper coordination between all the components of turf health management. To ensure this coordination, all applicators must first obtain authorization from the appropriate supervisor listed below before herbicides are used. PARD Parks and Recreation applicators: 1. Athletic fields: Program Supervisor 2. Parks: Landscape / Ground Maintenance Manager Appendix 5 outlines the general maintenance schedule for turf management. Several factors can affect the adherence to the schedule including but not limited to the following: Special Considerations By its nature, the use of herbicides in turf requires their application to sites that have varied and direct public uses, often involving children and pets. These applications must be carefully planned to allow for careful adherence to the pesticide label directives, and to minimize any potential impacts on these users. Time of Day Applications should be made during the best time of day to avoid public use, high temperatures, and wind. Applications can be made as early in the day as possible or after park hours. Applicators should consider off schedule timing, such as shifting work hours so that spraying can be completed before conditions and park use makes applications problematic. Minimizing public inconvenience and public concern should be of paramount importance. Scheduling Conflicts Any proposed applications should consider the expected use of the area for that date and time, such as nearby school activities, recreation activities, athletic field scheduling, park special events, and all other anticipated uses. Signage Notification signage is of utmost importance in turf applications. The nature of a typical turf site is open and with easy public access. As stated in the Integrated Pest Management Program Notification of Pesticide Use at a Site Strategy 4, signage should be adequate to inform any park user approaching the area. Seasonal Timing Wherever possible, applications should be timed to coincide with the ideal time for turf weed control. This is typically during the spring and fall months, where weed growth is active and conditions leading to turf stress, such as dry and hot weather, are not present. Integral to IPM is knowing specific weed life cycles in order to have effective control. Integrated Pest Management Program 41 | P a g e Drift Minimizing drift is critical in turf weed applications. Use of boom sprayers instead of backpack sprayers may increase the potential for drift. Great care should be taken to minimize any possible drift. Applications should cease if any drift inducing condition becomes apparent. Use of appropriate pressure, correct nozzles and other techniques should be employed to minimize creation of small spray particles that may drift. Targeted applications Where warranted spot spraying for turf weeds should be employed. While there are sites that will require an overall broadcast application, there are sites where only certain areas will require treatment. Applications should be focused on the target weed as much as practicable. Integrated Pest Management Program 42 | P a g e STRATEGY 14: Pesticide Applications around Community Gardens PURPOSE This Strategy defines acceptable and unacceptable use of pesticides within and near park areas designated as community gardens. BACKGROUND Pest management in or near park areas designated as community gardens necessitates special considerations. The Community Garden Program’s participants have varying levels of knowledge about pest management methods and have differing views about the use of pest management materials. Community garden plots are near one another and may change ownership from year to year. Community gardens also produce edible crops which dictate special constraints in managing pests. For these reasons, a special Strategy was formulated and defines the acceptable use of pesticides within Community Gardens. STRATEGY  PARD staff will work in coordination with the Community Garden Committee to establish guidelines regarding garden plot use by participants of the program.  PARD staff shall establish internal guidelines regarding pesticide use by participants of the program.  PARD aims to dedicate 50% of the community garden plots for organic use only. The plots will be strategically located to protect the integrity of organic methods and practices.  Park employees are asked to take all precautions necessary to keep applications, including any drift, of all pesticides at a minimum from the outside perimeter of Community Garden sites.  Mechanical means, such as cutting, hoeing and mulching, are the preferred method to remove or control weeds in the Community Garden sites and perimeters. Integrated Pest Management Program 43 | P a g e STRATEGY 15: Waterways Pest Management PURPOSE This Strategy establishes procedures for use of any pesticide materials being applied by PARD personnel adjacent to, or upon Denton’s waterways. BACKGROUND This Strategy was written in conjunction with Watershed Protection division’s personnel. It is the intent of PARD to cooperate with Watershed Protection to protect water quality in Denton’s streams and reservoirs. STRATEGY It is the strategy of PARD to use all measures to protect the city water supply from contamination through pesticides. PARD employees will provide any information needed by the Watershed Protection division and policies and will notify the Watershed Protection Department prior to any spraying of pesticides within or near creeks, rivers, streams, lakes, or any waterways. Some of the regulations in the strategy deal with the following:  Applications of pesticides will not be made if there is unacceptable drift.  The Watershed Protection division will be notified if there is a spill or accident that causes unplanned release of pesticides into waterways or environmentally sensitive areas. Refer to the Parks and Recreation Spill Strategy for the appropriate response actions.  The applicator will contact the Watershed Protection division for known pesticide applications to be made in areas inside or near creeks, rivers, streams, lakes, or any waterways. The information should include the pesticides expected to be used, the locations of use, and the frequencies of application. GENERAL GOALS AND PHILOSOPHY PARD recognizes the special importance of the rivers, streams, ponds, water quality facilities and wetlands that fall under our stewardship. The sensitive nature of such habitats, their plant and animal communities, and their direct link with other waterways require that we establish specific policies to ensure their health. The PARD Integrated Pest Management Program outlines special procedures and clear guidelines and limitations regarding maintenance methods and materials for both these waterways and the park lands adjacent to them. As in the rest of the Integrated Pest Management Program, an integrated approach will be used in all landscape management decision making MANAGEMENT PRACTICES, MATERIALS AND LIMITATIONS FOR PARKS WATERWAYS AND BUFFERS Definitions The buffer zone referred to in this Strategy is defined as a corridor of land between the top of the stream bank and the edge of the waterline at the time of application. Application Equipment Used Pesticide delivery for all listed areas in this Strategy will be carried out by hand with directed, low volume, single wand sprayers, wiping, daubing and painting equipment, injections systems, or drop spreaders. Typically, this is done by backpack sprayers, but may also include sprayers with larger fill tanks as long as the same kind of hand application methods is used. These methods of delivery result in Integrated Pest Management Program 44 | P a g e low volume applications and low-pressure spraying. This minimizes the formation of fine mists that might be carried off target. These practices ensure that applied materials will reach targeted plants or targeted soil surfaces. Pesticide Drift When applications of pesticides are being made within the buffer zone, great care will be exercised in the process. Managing drift is of particular importance when surface waters are nearby. Equipment used in the application shall employ all necessary methods to limit drift. Nozzle size, pressure regulation, droplet size, and height of spray wand, are all techniques that can be modified to reduce unwanted drift of pesticides. Spray applications will not be allowed in the buffer area when:  Wind speed is above 5 mph, and  Wind direction or activity would carry pesticides toward, or deposit them upon open water. Pesticides Available To more clearly regulate any possible aquatic impacts, the pesticides available for use in buffers and aquatic sites will be reduced in scope from the general park list. Only aquatic-labeled pesticides may be used within buffer zones or waterways. Choice of pesticides utilized take into account any possible effects on aquatic life as well as tendencies to move in the environment. In addition, applicators must research the impacts of each pesticide before use and get approval from the direct supervisor. Materials available for tree injections in buffer zones: In the event a pest or disease threatens the health of important and valuable trees within a buffer zone, there may be a need to treat them. Instances of this occurring are rare. However, in these special cases, the use of injectable pesticides may be employed when necessary, with the following limitations. The pesticide applied must be delivered by methods that inject or otherwise distribute the material entirely within interior tree tissues. Pesticides will not be injected into the soil surrounding the tree. Tree surfaces will not be sprayed or treated with pesticides. The insecticides and fungicides used in these injection systems shall be approved by the PARD Manager in consultation with the Watershed Protection Coordinator and the Urban Forrester. The intent and limit of this exception to the approved buffer zone pesticide list is to allow only the insecticides or fungicides necessary to combat direct threats to the health of valuable trees. Materials for all other areas: PARD’s approved pesticides may be used outside the waterway and buffer zones, where not otherwise prohibited by this Strategy. Recordkeeping Requirements All regular application recordkeeping requirements will be adhered to for all pesticide applications. This includes date and the time intervals of the application, temperature and wind conditions, location of application, materials used, concentrations used, amount applied, coverage rate, equipment used, applicator information and license number. Integrated Pest Management Program 45 | P a g e Personnel Requirements All those applying pesticides to PARD lands must be Texas Department of Agriculture licensed applicators. Application of pesticides to aquatic sites will only be done by licensed personnel who have received an additional aquatics license certification. Changes to the Strategy A need may arise for modifications or additions to this Strategy. There are several methods available to accomplish this. PARD representatives will develop an IPM strategy to deal with the threat. If this strategy involves the need for any pesticide applications within buffer zones or waterways that are not already outlined in the current Strategy, PARD will consult with Watershed Protection regarding the proposed modifications. Integrated Pest Management Program 46 | P a g e STRATEGY 16: Vegetation Management in Engineered Wood Fiber Playground Areas PURPOSE This Strategy defines acceptable practices for managing vegetation in playgrounds areas. The Department is transitioning over to Engineered Wood Fiber (EWF) as its preferred playground safety surface, as it meets ASTM and CPSC guidelines for safety surfacing and ADA accessibility. As EWF consists of specially manufactured wood chips, they also pose a special need for more attention for staff to address the following approved vegetation management methods and materials in these specific areas. BACKGROUND In all our IPM activities, PARD seeks to minimize any potential impacts to our park users while still providing responsible, effective, and efficient care for our facilities. EWF playground areas focus attention on our activities and require a special set of best management practices to benefit both PARD and park users. STRATEGY All PARD personnel are required to adhere to this Strategy when they are undertaking weed management activities in playground areas and their immediate borders or margins. Weed control in these play areas will be accomplished primarily through the use of the wood chip mulch. To function as both a safe surface for play and as an effective weed barrier, this chip layer should be kept at the established minimum depth. If the mulch layer is not adequate for weed control it should be amended as soon as is practicable. Mulch layers that have broken down over time and provide a medium for good weed growth should be replaced or amended with fresh chips. Broadcast spraying of herbicides will not be used to control vegetation in play areas. Manual weeding is usually adequate to keep weeds from establishing within the chipped areas. Effort shall be made to respond quickly to weed presence so that this kind of control will be feasible and effective. Use of powered weed control equipment, such as line trimmers and tillers, may be used in chipped areas to control weeds, but careful attention to the dangers they present must be taken. This kind of equipment should not be used when nearby park users may be put at risk. Playground/turf interface borders will be maintained by hand or mechanical means. Establishment of a structured border is preferred and encouraged for installation where possible as it provides a lower maintenance interface between play areas and turf. These structures also reduce weed and turf infiltration. When manual and mechanical methods are ineffective in controlling weeds, spot spraying will be used. Spot spraying will be applied in accordance within all applicable strategies. The need to control other pests, such as insects or diseases, can occur. One example would be the presence of venomous stinging insects such as yellowjackets in the play area. In these circumstances, the use of a targeted insecticide to eliminate the immediate safety hazard may be required. All other applicable PARD Pest Management Program policies and approved pesticide lists apply in this case. Integrated Pest Management Program 47 | P a g e STRATEGY 17: Venomous Insect Management PURPOSE This Strategy defines acceptable practices for managing venomous insects such as hornets, wasps, yellow jackets, and bees in PARD park landscapes and grounds. While these insects will not always cause problems, their presence in some locations, such as playgrounds, can create immediate and serious public and staff safety issues. More importantly, individuals with bee and wasp venom allergies may be presented with life-threatening situations if they are stung. To properly address these safety concerns, park employees may be faced with the need to apply insecticides within a short time frame. These control activities and use of insecticide require adherence to the special rules outlined in this Strategy. BACKGROUND Wasps, hornets and yellow jackets may quickly establish nests above and below ground in both natural areas and in developed parks. European honeybees form above ground nests and may also form swarms when seeking new nest sites. Not every wasp or bee nest creates a problem for our users or staff. Public threat is dependent on insect species, nest location, time of year and other factors. Yellowjackets and some wasp species can be particularly aggressive towards people, especially near their nests. Other wasps, such as paper wasps are less aggressive and are more benign depending on location of their nest. Honeybee swarms generally do not create a large stinging potential as bee behavior is altered during this time. Nest location is also important when determining threat. Nests located near walkways, buildings, playgrounds or similar sites are more problematic than those located in remote areas. Nests in areas where vegetation management or restoration planting is being carried out can also create problems. Wasp behavior may also vary with the time of year. Yellowjackets will exhibit increased defensive behavior as the season progresses. Normally, yellowjacket and paper wasp colonies only live one season. Honeybee nests usually persist from year to year. STRATEGY Evaluation When wasp or bee nests are discovered on PARD property, staff should evaluate the safety threat they pose. If the nest is considered to create a safety hazard for park users or staff, isolation and control measures should take place. Nests that create an immediate hazard, such as those near playgrounds, community centers, walkways, trails and work sites, should be addressed as soon as possible. Other criteria that may constitute a hazard are nests that have been disturbed and nests sites with aggressive insects. Nests occurring within inhabited structures such as community centers create an immediate safety hazard and control of these should be immediately referred to a qualified professional contractor. Isolating nests or swarms Where possible, nests or swarms that present an immediate public hazard should be isolated by either signage, cones, taping, flagging, or by other means, so that the area of danger can be avoided by park users. The barriers used in isolating the insects from the park users should stay in place until the nest is eliminated or the swarm is removed. Make sure that signage is in place to warn the public. Honeybee swarms and nests When discovered, honeybee swarms should be marked as described above until the bees have been collected. Qualified bee removal businesses should be contacted to collect the swarm. Honeybee swarms should not be sprayed with insecticides. Unless location of the nest presents a hazard, Integrated Pest Management Program 48 | P a g e honeybee nests should be tolerated where possible. If removal is required, qualified contractors should physically remove nests when feasible. Spraying of honeybee nests should be a last resort. Spraying wasp and hornet nests Aerosol jet stream products labeled for use on wasp and hornet nests can be effective against both yellow jackets and paper wasps, but they must be used with extreme caution. Non-toxic products can also be effective in eliminating nests. Wasps will attack when they sense an application to their nests, and even freeze-type products are not guaranteed to stop every individual. For this reason, extreme caution must be used when nest applications are taking place. The following practices should be adhered to:  Nests should be sprayed at night or before dawn, when all members of the hive are present and most passive. Daytime spraying is not recommended except in certain emergency cases where the public is not placed at risk from increased hive activity.  Nests should not be disturbed before treatment. Disturbed nests should not be approached.  Nest location should be isolated as described above. Isolated area devices must be left up until the nest has been eradicated.  Nests that are situated high in trees, or in otherwise difficult to access locations should be treated by professional contractors, or by qualified staff in the Urban Forestry department. Do not attempt to control a nest if you cannot easily do so.  Nests in structures, building, tree cavities, etc., should be treated by professional contractors only.  PARD staff may use a non-toxic formula or wasp and hornet spray that is available at the local store, providing that they follow the directions on the label for use. Approved sprays will contain synthetic pyrethroids as their active ingredient. Products with other active ingredients are not approved for use by PARD staff.  All applications shall be documented as per the Strategy 6: Pesticide Application Recordkeeping. Approved applicators In general, park staff with valid TDA pesticide applicator licenses with an insecticide category endorsement should be the designated employees carrying out applications. However, there may be instances where these employees are not available, and a nest presents an immediate health and safety threat to the public or staff. In these instances, available personnel with TDA pesticide applicator licenses of any category are approved to use jet spray wasp and hornet products to treat nests. In rare emergency safety situations where no licensed personnel are able to respond in a timely fashion, other personnel may be approved to carry out an application, but only if they have had prior supervisor approval, prior training in the safe use of these sprays, and instruction in the proper management of wasps and bees. Staff members with known wasp or bee allergies will not carry out any wasp or bee control. Use of traps When venomous insects are a continuing serious problem at a site from year to year, use of traps to target emerging queens/ swarms can be considered. Trapping queens / swarms during the emergence period has the potential to provide an overall reduction in the venomous insect population for the season. Traps should be installed, monitored, and removed by experienced PARD staff or under Texas Apiary Inspection Service (TAIS) permitted activity. Integrated Pest Management Program 49 | P a g e STRATEGY 18: Dog Area Pest Management PURPOSE This Strategy defines acceptable practices for managing pests in City of Denton dog parks. Park users are invited to bring their dogs to recreate in the parks, either as a designated off-leash area (OLA), or as an on-leash area, therefore pest management in these areas needs to reflect this use. Pest management decisions, methods, and material use should be carried out in a way that maintains public and dog safety and allows for responsible stewardship of park property. BACKGROUND There are many sites in the City of Denton parks, some are fenced, some are unfenced, and all are open from 6 AM to 10 PM. All sites are signed with dogs on or off leash. For the purposes of this Strategy, OLA sites consist of: 1. An officially designated fenced dog off-leash area, including the fence line. 2. An officially designated unfenced dog off-leash area within the boundary markers. By their nature, and from the impact of concentrated dog activity, OLAs can create pest management problems such as increased weeds in turf and the need to control weeds along fence lines. Other pest issues that arise in OLAs are the presence of noxious, poisonous, allergenic, or incompatible weeds, and venomous insects and their nests. Proper management of these pests needs to be clearly defined to minimize any potential risks to dogs and their owners and to minimize interference with OLA use by the public. STRATEGY Expected pest management issues arising in the OLAs consist of:  Weeds along fence lines, in tree circles, in shrub beds, around park structures and amenities, and in the turf.  Management of allergenic or poisonous weeds such as poison ivy.  Venomous insect management. OLAs may need to be closed temporarily so that necessary maintenance work does not impact owners and pets. Temporary signage will be located at OLA boundaries or fencing to alert users in advance of closures. Pesticide applications will be accompanied by notification signage and mandated reentry intervals as defined in Strategy #4 (Notification of Pesticide Use at a Site). Herbicide use in fenced OLAs When it is necessary to apply herbicides within fenced OLAs, great care should be used to time and locate the application to minimize interference with public use. Ideally herbicide use should be as infrequent as possible and would take place when dogs are not present. When herbicides are to be used inside fenced OLAs or along the interior or immediate exterior of their fence lines, the OLA should be closed, and dogs excluded. Closure should be maintained until the reentry requirements as mandated on the product label have been satisfied. This interval typically requires that people and pets be kept out of the area until the sprayed surface has dried. Normal application notification signage as mandated in Strategy #4 should be used. To the extent possible, additional temporary signage will be located outside OLA fencing to alert users in advance of closures. Integrated Pest Management Program 50 | P a g e Herbicide use in unfenced OLAs When it is necessary to apply herbicides within unfenced OLAs, great care should be used to time and locate the application to minimize interference with public use. Ideally herbicide use should be as infrequent as possible and would take place when dogs are not present. Standard notification as mandated in Strategy #4 (Notification of Pesticide Use at a Site) must be employed. Label directives for reentry must be adhered to, and dogs and people must be excluded from application areas until the interval has been satisfied. Since unleashed dogs are difficult to exclude from large areas, this may necessitate applications that are small in scope to allow for this level of oversight. To the extent possible, additional temporary signage will be located outside OLA boundaries to alert users. Turf broadleaf control OLAs taken out of service may receive selective herbicides as part of an overall turf renovation program but only within the oversight of Strategy 16: Turf Broadleaf Weed Management and the specific approval process it requires. Use of pre-emergent herbicides To be an effective barrier to weed seed germination, pre-emergent herbicide sites need to be left undisturbed after they are applied. Since the activity of dogs in an OLA disturbs soil surfaces and reduces or eliminates the effectiveness of a pre-emergent application, their use in areas of concentrated disturbance sites, such fenced OLAs, is often not effective. However, there may be need for pre- emergent use in less intensively impacted areas. Insecticide use As is the case at most park properties, general insecticide use is not expected in areas that dogs are permitted to be, either as an off-leash or on-leash area. However, there may be emergency situations created by the presence of venomous insects such as yellow jackets, wasps, bees, fire ants, and their nests. These insects can create serious safety issues for people and their pets. Control of these insects and any use of insecticides must take place as described in the Venomous Insect Management Strategy. Nest demarcation guidelines and the response process as described in that Strategy are of heightened importance in these areas since dogs not in control by their owners may be at increased risk from an active nest site. Mechanical equipment All aspects of park user safety and dog safety should be considered when determining a particular weed control method for a given site. Mechanized weed control equipment such as string trimmers can create hazards such as flying rocks and debris. Dogs may be at risk when they approach the work area. Care should be exercised when using this equipment. Integrated Pest Management Program 51 | P a g e STRATEGY 19: Insecticide Use and Pollinator Protection Pollinators, including bees and other insects, play a vital function in both agricultural and natural systems. Their conservation is an important element in the IPM program. Use of any insecticide in the landscape has the potential to impact pollinators in both direct and indirect ways, therefore great care must be taken when considering the use of any insecticide. In most cases, insects do not threaten the long-term health or viability of park turf, trees and shrubs and do not require active management. This strategy provides a process to begin to determine if an insect pest should be managed, and if so, what method or material is the most responsible choice. INSECT MANAGEMENT DECISION MAKING ELEMENTS: A. Assess insect impact and significance The significance of problematic insect impacts must be determined before active management is considered. PARD’s Grounds Maintenance Division’s primary IPM approach to insect management is to tolerate the presence of the insect where possible. The vast majority of insect infestations do not threaten the long-term health or viability of park trees and shrubs. Many are simple nuisance infestations or cause only marginal harm. Others may present only short-term impacts or are merely unsightly. These kinds of insect problems do not threaten the intended function of the green asset to a significant degree. The proper IPM approach for these pests is tolerance of the pest, or replacement of the plant with a non-susceptible plant when possible. Therefore, in these instances, insecticide use is not warranted. Insecticide use can be considered for pests that present significant risks to the long-term viability or essential function of important plant assets. They can also be considered for use in the case of insects that threaten the health and safety of park users in which case PARD response may need to be rapid and effective. The way these insecticides are chosen and employed must adhere to the careful pollinator stewardship practices detailed within this policy. B. Evaluate all IPM methods and materials If insect control interventions are determined to be required, all IPM approaches must first be evaluated for suitability. These include: 1. Planning/Design: Where feasible, eliminate the problematic plants and replace them with naturally resistant plants. If a plant is unsuitable for the conditions at a site, it may increase its susceptibility to a specific insect problem. The best long term IPM approach is to employ plants suited to the existing growing conditions. 2. Cultural: Cultural practices that either improve the growing conditions or are protective of the planting can be important elements in the management of some kinds of insects. 3. Physical: Various physical approaches such as the use of barriers are generally minimal in impact to non-targets and may offer adequate control of certain pests. 4. Biological: For certain insect pests, a reliance on biological controls may be possible. Where feasible, this can offer the ideal long-term solution to pest problems. Special attention to good stewardship of naturally occurring insect predators should be made. There are also instances where commercially reared insect predators can be released to combat a specific pest. 5. Natural and synthetically derived insecticides: Insecticides can be part of an IPM approach, but careful attention must be made in choice and use. In general, the least ecologically disruptive and lowest risk materials should be favored but the full complexity of IPM assessment rationale must be considered before choice and use. These considerations include but are not limited to: Integrated Pest Management Program 52 | P a g e a. Potential safety and health risks of the product as it will be applied, both in the short and long term. b. Potential environmental risks, including risks to non-target organisms including bees and pollinators. c. Potential disruption of the landscape, garden, natural area, and urban forest ecosystems including impacts on natural insect predators. d. Individual insecticide characteristics such as toxicity, persistence, bioavailability, break down products, volatility, inert ingredients, and environmental movement. e. Differing application methods, such as injections, sprays, and drenches. f. Efficacy of the insecticide, and the need for repeated treatments. g. Feasibility of use to address a specific pest. h. PARD will not approve the use of neonicotinoid products found to harm or kill non- targeted bees. Integrated Pest Management Program 53 | P a g e APPENDICES APPENDIX 1: Approved Pesticide List for Parks Use Following are lists of pesticides that are approved for use in specific work units in parks. A comprehensive IPM approach allows for the choice of ideal materials for specific needs. IPM also anticipates the need to managing pest resistance with rotations of products with differing modes of action rather than relying on a “one material fits all” approach. Most of the pesticides are not used in a typical year or are used in a minimal way. It is also important to understand that pesticide applications are used after many other IPM strategies have first been either employed or considered. Most PARD pest management practices never involve the use of pesticides. Similarly, a majority of park acreage never receives any kind of pesticide application. Other IPM strategies PARD employs include prevention of pests through strategy, design and selection, and management of pests through cultural practices, physical means, and mechanical methods. All pesticides available for use within parks must first be placed upon an approved list after undergoing a review process that carefully examines the individual characteristics of the product and whether it would be an appropriate addition within our program. Issues of efficacy, public health and safety, potential environmental impacts, overall plant health requirements, land management needs, and other concerns are taken into account during this process. Applicators within a specific work unit must then make their choices of materials from their own approved list. Individual work units have different responsibilities and pest management requirements for the lands under their care. The individually tailored approved lists reflect these differences. The following lists of approved pesticide materials are specific to each work unit. PARD applicators must choose only from currently listed products. Only state licensed applicators may apply pesticides in Denton Parks. Use of pesticides by non-licensed personnel, such as, but not inclusive of, Wasp spray and Fire Ant powder, may be used as an incidental application . Use of pesticides must occur under adherence to the PARD Integrated Pest Management Program policies and oversight. Pesticide use must adhere to all produ ct label directions. Format: Product trade name (active ingredient) Description of purpose and use within IPM program. PARK USE APPROVED LIST Areas of pest management: Pocket, neighborhood, community, and city parks. Open space / trails. Cemeteries. Landscaping. HERBICIDES  Celsius WG - Safe and effective control of both a large list of broadleaves and many grassy weeds. This is our primary choice due to its effectiveness and safety level. Integrated Pest Management Program 54 | P a g e  Certainty - Controls many grassy weeds. It will be used primarily for nutsedge, both purple and yellow.  Dimension - Pre-emergent product with some post control of goose grass in the 2-3 leaf stage.  Finale – A non-selective post-emergent for the control of a broad spectrum of annual and perennial grass and broadleaf weeds.  Fusilade – Selective post emergent that controls unwanted perennial and annual grass weeds such as Bermuda grass without injuring desirable broadleaf plants; primarily used in landscape beds.  Gallery 75 DF (isoxaben) - Used on shrub beds, tree circles, and other areas. Can be used in combination or rotation with oryzalin to broaden the spectrum of weeds prevented.  Manage - Nutsedge control.  Pendulum (pendimethalin) – Pre-emergent control of most annual grasses and certain broadleaf weeds as they germinate in any turfgrass site (lawns, sod, turf areas).  Primo Maxx – Turf growth management that reduces the frequency of mowing and the amount of grass clippings by reducing the vertical growth of warm and cool season turfgrasses. Useful in the management of difficult to mow areas and can be used to minimize the need for edging along sidewalks, curbs, parking lots, flower beds, fences, and around posts, park structures, and trees.  Prodiamine - Pre-emergent weed control, especially effective on Poa annua (annual bluegrass) in the fall and winter.  Reward – Non-selective herbicide that manages weed problems in aquatic, ground maintenance, and landscaping areas.  Ronstar – A pre-emergent for control of many annual grasses and broadleaf weeds such as crabgrass, goose grass, field sandbur, annual sedge and bluegrass.  Sedghammer - Nutsedge control.  Snapshot – Pre-emergent product for control of certain broadleaf weeds and annual grasses in shrub and groundcover areas as well as the mulch area of perennial beds.  Specticle - Pre-emergent weed control with the longest residual (up to 6 months) of any other pre-emergent herbicide.  Sureguard – A pre-emergence and early post-emergence herbicide for control of selected grass and broadleaf weeds.  Surflan AS, WDG (oryzalin) - Used in shrub beds, tree circles, fence lines and other park areas for weed control. A primary liquid form pre-emergent product.  TributeTotal - A combination of Celsius, Sedghammer and Revolver; most effective in controlling dallisgrass in the fall. FUNGICIDES  Subdue – A turfgrass disease control for Pythium blight.  Banrot - A broad spectrum fungicide that will control root and stem rot diseases caused by Rhizoctonia, Phytophthora, Pythium, Fusarium, and Thielaviopsis.  Daconil - Controls various fungal diseases including anthracnose, leaf spots, blights, and rots on many different species of plants. Integrated Pest Management Program 55 | P a g e  Cleary’s 3336F - Prevents and controls turf diseases and the diseases of annual and perennial flowers, bedding plants, foliage plants, ground covers, and deciduous and evergreen trees and shrubs. INSECTICIDES  Acephate - Acephate is reserved for use in the treatment of severe infestations of aphids, leaf miners, caterpillars, sawflies, thrips, and the individual treatment of red imported fire ant mounds.  Advion - Fire ant bait. It’ll only effect the ants and eradicates them in 24-72 hours. It is an extremely safe product that protects patrons and pets from fire ants.  Aerosol Wasp Sprays, Misty Wasp and Hornet Killer (pyrethroids) - Directed jet sprays used for individual wasp and hornet nest treatments posing health and safety threats to park users.  Bacillus thuringiensis – Used to control mosquito and fly larva in standing water primarily ponds, streams, and around retainage / drainage areas. Product is usually in the form of a briquette.  Beneficial nematodes - Predatory nematodes for insect control treatments for susceptible targets where needed.  Delta Guard – Low dose granules to control ants, armyworms, centipedes, chiggers, chinchbugs, cockroaches, field and mole crickets, beetles, scorpions, spiders, and ticks.  Extinguish – Bait used to control imported and native fire ants.  Horticultural Oils (Sun Spray, Dormant Oil) - Spray oils primarily used as "dormant oils" applied before bud break in the spring to control pests on fruit and shade trees. Dormant oils are very effective against the eggs of certain mites, aphids, and scale insects that overwinter on fruit and shade trees. A new generation of more highly refined horticultural oils also known as” all seasons spray oils" or “summer oils” can be safely used on many plants during the growing season.  Lada – Versatile insecticide registered to control over 50 insect pest including aphids, lacebugs, leaf beetles, and leafminers.  Tempo - Used against flying pests such as wasps and yellow jackets, crawling pests like ants and centipedes, as well as various beetles and moths. MITICIDES  Avid - For control of leafminers and mites and suppression of aphids, whiteflies, and thrips on ornamental plants.  Mavrik – For control of various mites, worms, weevils, and beetles as well as whiteflies, ants, crickets, and chiggers. RODENTICIDE  Just 1 Bite – Used to control rodents such as mice and rats. Integrated Pest Management Program 56 | P a g e MISCELLANEOUS  Blue Spray Pattern Dye – Color dye used for application to all types of turfgrasses to make spray patterns visible.  Non-Ionic Surfactant – A wetting agent that helps soils to quickly and evenly absorb water by breaking the water’s surface tension, allowing water molecules to spread for greater and faster water penetration. As a wetting agent, nonionic surfactants are often mixed in with potting media to ensure easy water absorption into plant soil.  Antifoamer / Defoamer – Used to provide effective, high performance foam control at very low concentrations under normal foaming situations in recirculating sprayers and in other high agitation equipment.  Neutralize Tank Cleaner – A cleaning and rinsing agent used to remove pesticide residues from spray equipment. Proper cleaning of equipment helps to reduce exposure to products, avoid cross contamination of incompatible products, and prevents damage to rubber, plastic, and other soft sprayer parts. Integrated Pest Management Program 57 | P a g e APPENDIX 2: Athletic Field Services Approved List Areas of pest management: Athletic fields such as softball, baseball, football, and soccer fields. HERBICIDES  Celsius WG - Safe and effective control of both a large list of broadleaves and many grassy weeds. This is our primary choice due to its effectiveness and safety level.  Certainty - Controls many grassy weeds. It will be used primarily for nutsedge, both purple and yellow.  Confront – For the control of annual and perennial broadleaf weeds in established turfgrass.  Finale – A non-selective post-emergent for the control of a broad spectrum of annual and perennial grass and broadleaf weeds.  Manage - Nutsedge control.  Reward – Non-selective herbicide that manages weed problems in aquatic, ground maintenance, and landscaping areas.  Ronstar – A pre-emergent for control of many annual grasses and broadleaf weeds such as crabgrass, goose grass, field sandbur, annual sedge and bluegrass.  Sedghammer - Nutsedge control.  Sureguard – A pre-emergence and early post-emergence herbicide for control of selected grass and broadleaf weeds.  TributeTotal - A combination of Celsius, Sedghammer and Revolver; effective in controlling dallisgrass in the fall. INSECTICIDES  Acephate - Acephate is reserved for use in the treatment of severe infestations of aphids, leaf miners, caterpillars, sawflies, thrips, and the individual treatment of red imported fire ant mounds.  Advion - Fire ant bait. It’ll only effect the ants and eradicates them in 24-72 hours. It is an extremely safe product that protects patrons and pets from fire ants.  Delta Guard – Low dose granules to control ants, armyworms, centipedes, chiggers, chinchbugs, cockroaches, field and mole crickets, beetles, scorpions, spiders, and ticks.  Extinguish – Bait used to control imported and native fire ants.  Talstar – Controls various ants, crickets, chinch bugs, and spiders.  Tempo – Used against flying pests such as wasps and yellow jackets, crawling pests like ants and centipedes, as well as various beetles and moths. MISCELLANEOUS  Blue Spray Pattern Dye – Color dye used for application to all types of turfgrasses to make spray patterns visible.  Non-Ionic Surfactant – A wetting agent that helps soils to quickly and evenly absorb water by breaking the water’s surface tension, allowing water molecules to spread for Integrated Pest Management Program 58 | P a g e greater and faster water penetration. As a wetting agent, nonionic surfactants are often mixed in with potting media to ensure easy water absorption into plant soil.  Antifoamer / Defoamer – Used to provide effective, high performance foam control at very low concentrations under normal foaming situations in recirculating sprayers and in other high agitation equipment. Integrated Pest Management Program 59 | P a g e APPENDIX 3: City Urban Forestry Approved List Areas of pest management: trees on streets, parks, other city property, and UF nursery operations. HERBICIDES  Garlon 3A, Remedy, Greenlight Tough Brush Killer (triclopyr) - Selective products for woody, difficult to control perennials, also for invasives and habitat restoration.  Manage (halosulfuron-methyl) – Nutsedge control.  Scythe (pelargonic fatty acid) - Minor use desiccant used for top-kill of early-stage, easily killed weeds.  Surflan AS, WDG (oryzalin) - Used in nursery, shrub beds, tree circles, fence lines and other park areas for weed control. A primary liquid form pre-emergent product.  Tordon - Used to control weeds, unwanted brush and trees e.g. Chinese privet. FUNGICIDES  Alamo (propiconazole) - Trunk injection product for certain high value elms.  Arbortect (thiabendazole) - Trunk injection product for certain high value elms.  Daconil (chlorothalonil) - Disease control on high value trees in special situations. Typically not used, but retained for unusual, short term use where long term plant health is affected. INSECTICIDES and MITICIDES (Street trees do not routinely receive scheduled insecticide or miticide treatments.)  Aerosol Wasp Sprays. Misty wasp and hornet killer (pyrethroids) - Directed jet sprays used for individual wasp and hornet nest treatments posing health and safety threats to park users.  Azatin XL (azadirachtin) - Neem tree extract used for insect growth regulating and anti-feeding effects. Typically not used, but retained for unusual, short term use where long term plant health is affected.  Bacillus thuringiensis - Primarily for lepidopterous insects, although subspecies can be used for other targets. Typically not used, but retained for unusual, short term use where long term plant health is affected.  Beneficial nematodes - Predatory nematodes for susceptible targets where needed. Typically not used, but retained for unusual, short term use where long term plant health is affected.  Conserve (spinosad) - Typically not used, but retained for unusual, short term use where long term plant health is affected.  Floramite (bifenazate) - Miticide as part of a carefully implemented plan to keep mites at non- injurious levels. Typically not used, but retained for unusual, short term use where long term plant health is affected.  M-Pede, Safer Insecticidal Soap, others (soaps) - General soft body insect control. Typically not used, but retained for unusual, short term use where long term plant health is affected. Integrated Pest Management Program 60 | P a g e  Sunspray, others (horticultural oils) - General insect control both for dormant and growing season use. Not typically used in general parks. Typically not used, but retained for unusual, short term use where long term plant health is affected.  Tempo SC Ultra (cyfluthrin) – Used to control leaf eating insects on young and ornamental trees. Typically not used, but retained for unusual, short term use where long term plant health is affected.  TREE-age (Emamectin Benzoate - Used as a systemic trunk injection to treat emerald ash borers. MISCELLANEOUS  Activator 90, R-11, LI 700, Hasten, others (spray adjuvant) - Surfactant used in solutions to enhance spray coverage and increase efficacy.  No Foam (anti-foaming agent) - Silicon-based, reduces foaming, used in large agitated spray tanks.  Turf Trax, Signal, others (marker colorant) - Used in spray solutions to temporarily mark application. Integrated Pest Management Program 61 | P a g e APPENDIX 4: City Parks and Recreation – Natural Areas Approved List Areas of pest management: natural area parks. Herbicides are only used in natural areas along soft surface trails, generally 12 inches on each side, to prevent vegetation encroachment. Trails surfaces must be maintained for the safety of trail users and to allow access to maintenance and public safety vehicles. Hard surface trails are maintained primarily by mechanical means such as edging. Herbicides may also be used in natural areas in response to a maintenance or safety concern/complaint. In these cases, all available natural, manually, and mechanical means will be explored first. The least toxic herbicide will be used to address the pest. HERBICIDES  Garlon 3A – For the control of woody plants, broadleaf weeds, and vines.  Reward – Non-selective herbicide that manages weed problems in aquatic, ground maintenance, and landscaping areas.  Scythe – A non-selective contact herbicide used to control vegetation. INSECTICIDES  Aerosol Wasp Sprays, Misty Wasp and Hornet Killer (pyrethroids) - Directed jet sprays used for individual wasp and hornet nest treatments posing health and safety threats to park users.  Bacillus thuringiensis - Used to control mosquito and fly larva in standing water primarily ponds, streams, and around retainage / drainage areas. Product is usually in the form of a briquette.  Horticultural Oils (Sun Spray, Dormant Oil) - Spray oils primarily used as "dormant oils" applied before bud break in the spring to control pests on fruit and shade trees. Dormant oils are very effective against the eggs of certain mites, aphids, and scale insects that overwinter on fruit and shade trees. A new generation of more highly refined horticultural oils also known as” all seasons spray oils" or “summer oils” can be safely used on many plants during the growing season. Integrated Pest Management Program 62 | P a g e APPENDIX 5: Park Maintenance Schedule and Control Methods City of Denton Parks and Recreation Department PARK CLASSIFICATION PLAN TURFGRASS MAINTENANCE MAINTENANCE TASK Class AA Class A Class B Class C Class D Mow, edge, and trim 2 times per week Mow at 1.5 – 2”, clippings not collected 36 mowing cycles per year every 7 days at 2.5-3”, clippings not collected. Leaves are shredded and returned to soil. 32 cycles per year every 7 days through the growing season. Mow at 2.5 – 3”, clippings not collected leaves are shredded and returned to soil. 5-7 mowing cycles. Mow at 4-6” clippings not collected. Leaves are shredded and returned to soil. As needed to maintain an identified particular natural state or within City code Fertilization 4-5 lbs of Nitrogen per 1000 sf per year 3 lbs Nitrogen per 1000 sf per year in 2 applications – In conjunction with Athletic field fertilization 3 lbs Nitrogen per 1000 sf per year in 2 applications – In conjunction with Athletic field fertilization None None Irrigation Minimum of 1” per week, repairs w/in 24 hours. Potential increase watering due to drought or ryegrass transition. Deep watering cycles recommended Approximate 1” per week, repairs within 48 hours. As needed or immediately after fertilization –Water Truck None None Aerification 5 times per year in conjunction with fertilizer applications As needed As needed None None Over-seed/sod Over-seed Ryegrass on athletic fields Oct. 1 Sod during field renovations Overseed all bare areas in turfgrass once during growing season. As needed None None Leaf Removal Mow & mulch Mow & mulch Mow & Mulch None None Pesticide Program: - Herbicide - Insecticide - Fungicide January, February, March January, February, March January, February, March As needed to maintain an identified particular As needed to maintain an identified particular Integrated Pest Management Program 63 | P a g e - Rodentcide Pre-emergent for summer grassy weeds. (Oxidiazon) Non selective herbicide on infield skinned surfaces and transition areas during the growing season Spot treat broadleaf and/or grassy weed infestations during from March until December May and August - Broadcast treatment for fire ants with Advion, Extinguish, or Award II, 1lb per acre. Spot treat for fire ants during the warm season. April - September Monitor and treat for pest infestations such as Grub Worms, Army Worms and other pesticides detrimental to plant health or public safety. Non-selective herbicide on dormant Bermuda Pre-emergent for summer grassy weeds (Barricade Dimension, Specticle, or Pendimethalin May and August - Broadcast treatment for fire ants with Advion, Extinguish, or Award II, 1lb per acre. Spot treat for fire ants during the warm season April – September Monitor and treat pest infestations such as Grub Worms, Army Worms and other pests that detrimental to plant health or public safety. August and September Pre-emergent for winter weeds by October 1. Non-selective herbicide on dormant Bermuda Pre-emergent for summer grassy weeds (Barricade Dimension, Specticle, or Pendimethalin May and August - Broadcast treatment for fire ants with Advion, Extinguish, or Award II, 1lb per acre. Spot treat for fire ants during the warm season April – September As need, dependent on location, pest and amount of infestation August and September Pre-emergent for winter weeds by October 1. natural state or within City code. natural state or within City code. Integrated Pest Management Program 64 | P a g e Fertilizer & Aerification Program February 15-0-5 with pre- emergent for control of summer weeds March A single application of fertilizer should take place. 1 lb of N per 1000sf. Aerification of turf should be done just prior to application of fertilizer May A single application of slow release fertilizer should take place Aerification of turf should be done just prior to application of fertilizer. July A single application of fertilizer should take place Aerification of turf should be done just prior to application of fertilizer. August, September A single application of slow release fertilizer should take place Aerification of turf should be done just prior to application of fertilizer. April, May, June A single application of fertilizer should take place by mid- May. It should be applied at 1 pound of N per 1000 sf. Aerification of turf should be done just prior to application of fertilizer. July, August, September One application of fertilizer should take place during this period in mid- July. It should be applied at 1 pound of N per 1000 sf. Aerification of turf should be done just prior to application of fertilizer. Treat as needed to prevent loss of turf None None Action Threshold Practice physical and mechanical controls that promote good turf health practices, such as over- In some cases, pests can be tolerated and are only considered a nuisance. In some cases, pests can be tolerated and are only considered a nuisance. As needed to maintain an identified particular natural state or within City code. Measures will be taken for vegetation encroachment on soft surface trails. Integrated Pest Management Program 65 | P a g e seeding, topdressing, aeration, etc. Other measures will be taken prior to infestations to prevent degradation of the aesthetics, to eliminate rapidly declining plant health, to eliminate negative impacts on athletic programs and/or a threat to the public (wasps, mosquitos, etc.) Chemical control such as spot treatments will be used when infestation is widespread, invasive, and affects the health and safety of the environment. Measures may be taken when infestations are present and are detrimental to plant health and a threat to the public’s safety. Physical / mechanical means will be used first in controlling pests. Chemical control such as spot treatments will be used when infestation is widespread, invasive, and affects the health and safety of the environment. This primarily impacts active areas such as playgrounds, hard surface trails, and around public buildings. Vegetation is critical for stream stabilization and is tolerated in specific locations. Measures may be taken when infestations are present and are detrimental to plant health and a threat to the public’s safety. Physical / mechanical means will be used first in controlling pests. Chemical control such as spot treatments will be used when infestation is widespread, invasive, and affects the health and safety of the environment. This primarily impacts active areas such as playgrounds, hard surface trails, and around public buildings. Integrated Pest Management Program 66 | P a g e City of Denton Parks and Recreation Department PARK CLASSIFICATION PLAN TREE / SHRUB MAINTENANCE MAINTENANCE TASK Class A Class B Class C Class D Tree Trimming Remove low limbs as needed for safety & equipment access. Only hazardous limbs as needed. Only hazardous limbs as needed. Only hazardous limbs as needed. Shrub Trimming Complete trim 5-7 times per year. Complete trim 5 times per year. Not performed Not performed Pesticide Program. As needed to prevent loss of plant material. As needed to prevent loss of plant material. Not performed Not performed Fertilization 2 times/year Not performed Not performed Not performed Stump Removal As needed when higher priority projects are completed. As needed during winter. As needed during winter. Only hazardous trees as needed, others maintained for wildlife habitat. Action Threshold Choosing proper plant material and practicing proper planting methods, fertilizing, mulching, etc. Other measures will be taken prior to infestations to prevent degradation of the aesthetics, rapidly declining plants, and/or hazardous situations to the public (wasps, mosquitos, etc.) In some cases pests can be tolerated and is only considered a nuisance pest. Other measures will be taken prior to infestations to prevent degradation of the aesthetics, rapidly declining plants, and/or hazardous situations to the public (wasps, mosquitos, etc.) As needed to maintain an identified natural state or within City code. None Invasive woody species such as Running Bamboo Phyllostachys aurea, Privet Ligustrum sinense, and Nandina Nandina deomestica will be controlled when staff determines that the species impedes visibility within parks and poses a threat to the safety and welfare of park users and service workers. Invasive species may be removed in an effort to reclaim parkland for active use such as open fields, playgrounds, picnic areas, and trails. It may also be removed in efforts to improve the environmental quality and encourage the establishment of native plant species. Integrated Pest Management Program 67 | P a g e City of Denton Parks and Recreation Department PARK CLASSIFICATION PLAN FLOWERBED/PLANTING MAINTENANCE MAINTENANCE TASK Class AA & A Class B Class C Class D Planting/Bed Preparation 2 changes per year, when color is present. Not performed Not performed Not performed Fertilization At planting; Bi- monthly after planting when color is present Not performed Not performed Not performed Cultivation 2 times per year for color change outs Not performed Not performed Not performed Mulch Apply every 18 months or as needed (not in color beds) Apply every 18 months or as needed Not performed Not performed Pest Control Treat as needed to prevent loss of plant and degradation of appearance. Treat as needed to prevent loss of plant material. Not performed Not performed Action Threshold Choosing proper plant material and practicing proper planting methods, fertilizing, mulching, etc. Other measures will be taken prior to infestations to prevent degradation of the aesthetics, rapidly declining plants, and/or hazardous situations to the public (wasps, mosquitos, etc.) Choosing proper plant material and practicing proper planting methods, fertilizing, mulching, etc. Other measures will be taken prior to infestations to prevent degradation of the aesthetics, rapidly declining plants, and/or hazardous situations to the public (wasps, mosquitos, etc.) Not Applicable Not Applicable Integrated Pest Management Program 68 | P a g e Park Facility and Asset Maintenance – The following maintenance plan and schedule has minimal pesticide programing but is an integral component to a proactive approach in the prevention and reduction of insect and rodent pests. Proper maintenance helps to eliminates favorable environments for pests through cleanliness and inspections help in early detection / identification of pests prior to infestations reaching threshold levels. City of Denton Parks and Recreation Department PARK CLASSIFICATION PLAN PARK LITTER CONTROL MAINTENANCE TASK Class A Class B Class C Class D Pick up ground trash & litter; empty receptacles Pick up trash and litter 5 days per week. All year Weekend trash route at more populated parks Pick up trash, litter and other debris twice per week from April through October. From November through March, pick up trash in all conspicuous park areas once per week. All year Weekend trash route at more populated parks Pick up trash, litter and debris from all conspicuous park areas weekly from April through October, monthly from November through March. Remove illegal dumping as needed. Integrated Pest Management Program 69 | P a g e City of Denton Parks and Recreation Department PARK CLASSIFICATION PLAN ROAD & PARKING LOT MAINTENANCE MAINTENANCE TASK Paved Lots Unpaved Lots Inspect Weekly Weekly Repair As needed depending upon severity. As needed depending upon severity. Sweep 2 times/year or as needed Edge Per mowing schedule Per mowing schedule Weed Control Apply pre-and post- emergent herbicides as needed to control unwanted vegetation growing in expansion cracks. Apply post-emergent herbicides three times per year. Crack Fill As needed Seal Coat/Overlay As needed Grade As needed Clean culverts and drain pipes Monthly or as needed Quarterly or as needed Striping/marking and wheel stops Repaint every 2 years City of Denton Parks and Recreation Department PARK CLASSIFICATION PLAN PLAYGROUND MAINTENANCE MAINTENANCE TASK Class A & B Initial Audit High frequency inspections Low Frequency inspections New Installation Weekly - Litter control, redistribute attenuating surfacing, free of vegetation and debris 6 times per year – loose or broken parts, component durability Repair As needed, immediately after receiving parts Integrated Pest Management Program 70 | P a g e City of Denton Parks and Recreation Department PARK CLASSIFICATION PLAN PARK AMENITIES MAINTENANCE MAINTENANCE TASK Class A, B, C, D Clean restrooms Restroom maintenance & repairs Clean and restock daily Work order within 24 hours Inspect Drinking Fountains Weekly during season of use – Mar 15 – Nov 15 Clean shelters and Picnic Pavilions Pressure Wash Weekly or clean when reserved for special events As needed Vandalism/Graffiti Address within 48 hours of notification earlier if inappropriate graffiti Water Features Mechanical (Fountains) Natural (Ponds. Lakes) Inspect weekly when in use. Inspect quarterly & maintain as needed. Inspect and/or repair benches, tables, grills Monthly or as needed Inspect and/or repair park and directional/street signs Quarterly or as needed Inspect and/or repair fencing Quarterly or as needed Inspect and/or repair security & parking lot lighting Monthly or as needed Inspect and/or repair swimming pools Daily or as needed during season Pre & Post season inspection of major repairs. Inspect and/or repair neighborhood tennis nets, net covers, striping, and backboards. Monthly or as needed Inspect and/or repair traffic barriers (post & cable, bollards, gates, handrails) Monthly or as needed Inspect and/or repair bridges. Quarterly or as needed Inspect Hike & Bike / Rail Trail Quarterly or as needed Inspect and/or repair sidewalks Quarterly or as needed Creeks and drainage ditches As needed Integrated Pest Management Program 71 | P a g e City of Denton Parks and Recreation Department PARK CLASSIFICATION PLAN ATHLETIC FIELD MAINTENANCE MAINTENANCE TASK Class AA & A Baseball Field Annual Off-Season Maintenance Grounds Maintenance - League play, good quality, maintain safety standards Maintained - Restroom/Concessions Safety Check (lights, glass, fence, bleachers) Pitcher Mound Field Lights Evers, Denia, N Lakes, F. Moore Roberts Field & Mack Parking Lot Scoreboards Trades Maintenance Program Turf Irrigation Systems Parking lots Ballfield lights Bleachers Fences & Backstops Parking Lot Striping Restrooms & Concessions Scoreboards -Once a year add clay or amendment if needed. -Till up clay area to break up hard spots. -Blade clay areas to proper grade. -Remove any silt build up along grass and fence lines. -Check outfield grass area for high and or low areas, and for large cracks, silt in material if needed. -As scheduled for games -Permanent cleaned daily Portable serviced bi-weekly. -2-3 times per week -As scheduled for games -Infield 30 foot-candles -Outfield 20 foot-candles -50/30 -As scheduled for games -Replace bulbs as needed. -Monthly inspections & repairs as needed. -Quarterly inspections -Monthly inspection & bulb replacement (if needed). -Quarterly inspections -Quarterly inspections -Yearly inspections -Plumbing, electrical and structural repairs as needed. -Annual off-season service or as needed Softball Field Annual Off-Season Maintenance Grounds Maintenance - League play, good quality, maintain safety standards Maintained - Restroom/Concessions Safety Check (lights, glass, fence, bleachers) Pitcher Mound Lights -Once a year add clay material if needed. -Till up clay area to break up hard spots. -Blade clay areas to proper grade. -Remove any silt build up along grass and fence lines. -Check outfield grass area for high and or low areas, and for large cracks, silt in material if needed. -As scheduled for games -Permanent cleaned daily - Portable serviced weekly -2-3 times per week -As scheduled for games -Infield 30 foot-candles Integrated Pest Management Program 72 | P a g e Denia, Evers & North Lakes Parking Lot Scoreboards Trades Maintenance Program Turf Irrigation Systems Drinking Fountains Parking lots Ballfield lights Bleachers Fences & Backstops Parking Lot Striping Restrooms & Concessions Scoreboards -Outfield 20 foot-candles -As scheduled for games -Replace bulbs as needed -Monthly inspections -Quarterly inspections -Winterize November 15-March 15 -Quarterly inspections -Monthly inspection & bulb replacement (if needed). -Quarterly inspections -Quarterly inspections -Yearly inspections -Plumbing, electrical and structural repairs as needed. -Annual off-season service or as needed Soccer/Football/Rugby Fields Grounds Maintenance - League play, good quality, maintain safety standards Maintained - Restroom/Concessions Safety Check (lights, glass, fence, bleachers) Lights Parking Lot Trades Maintenance Program Turf Irrigation Systems Parking lots Ballfield lights Bleachers Parking Lot Striping -Line with paint weekly. -As scheduled for games -Permanent cleaned daily & portable serviced bi-weekly -2-3 times per week -20 foot-candles -As scheduled for games -Monthly inspections -Quarterly inspections -Monthly inspection & bulb replacement (if needed). -Quarterly inspections -Yearly inspections Integrated Pest Management Program 73 | P a g e APPENDIX 6: Pesticide Spill Incident Report Integrated Pest Management Program 74 | P a g e APPENDIX 7: Product Label and Safety Data Sheet Labeling, provided by the manufacturer, gives additional information concerning the pesticide product. Labeling includes booklets, brochures, flyers and other information as distributed by the pesticide dealer or manufacturer. The Safety Data Sheet (SDS) is a document containing chemical hazard and safety handling information prepared in accordance with the requirements of the Occupational Safety and Health Administration (OSHA) standard. An SDS attached to the product becomes part of the label and must be followed. Label The label is the printed information on or attached to the pesticide container. It verifies EPA approval, offers information on proper medical treatment for poisoning and provides guidelines for correct application and use. The label identifies the pesticide as general or restricted-use and lists specific sites for the intended applications. By law, a pesticide can only be applied to a site that is identified on the label, even though specific pests may not be indicated. A site can be a crop, animal or location the product is intended to protect. Everyone, including experienced applicators, should review the label prior to purchasing, mixing, applying, and storing or disposing of the pesticide or empty containers. Pesticide Label Requirements EPA and the Texas Department of Agriculture (TDA) require certain items be included on pesticide labels. 1. Brand, trade or product name: A single pesticide active ingredient may be marketed at the same time under several brand names. Brand or trade names are indicated on the front panel of the label and are used in advertisements. 2. Ingredient statement: Every pesticide product label must include the active and inert ingredients, including percentage by weight. Often, the chemical name of the active ingredient is stated. If an approved common name of the active ingredient exists, it may be listed and followed by a chemical name. The names of inert ingredients sometimes are not stated, but the label must indicate their percentage to the total contents. Product Name Active Ingredients(s) ................................... % Inert Ingredients ................................... % Total: ................................... 100% This product contains lbs. of per gallon. 3. Classification statement: Pesticides are classified based on hazards, intended use and effect upon the environment. General-use pesticides are less likely to harm the user or environment when used according to the label and do not require a license to apply. Restricted- use pesticides have a greater potential to harm the environment or the applicator when not used as directed. Restricted Use Pesticides (RUPs) contain a label such as the example here. You must have a TDA applicator license to purchase and use restricted-use pesticides. RESTRICTED USE PESTICIDE Due to (insert reason) For retail sale to and use only by Certified Applicators or persons under their direct supervision and only for those uses covered by the Certified Applicator’s certification. Integrated Pest Management Program 75 | P a g e 4. Keep out of reach of children: Every pesticide label must include this statement on the front panel. This warning must be heeded. 5. Signal words and symbol: These indicate the relative toxicity of the active ingredient to humans and should appear on the front panel of a label. The signal words, in order of increasing toxicity, are caution, warning and danger. Danger indicates highly toxic products. The word poison and the skull and crossbones symbol also are associated with products having the danger signal word. 6. Manufacturer: The name and address of the manufacturer, registrant or formulator who makes the product must be printed on the label. If the registrant’s name appears on the label and the registrant is not the manufacturer, it must be qualified by appropriate wording such as “packed for...”, distributed by...”, or “sold by...”. a. Registration number: An EPA registration number is proof the label was approved by the U.S. Environmental Protection Agency. b. Establishment number: An establishment number identifies the specific facility that produced the product. 7. Directions for use: Instructions for applying the pesticide provide rate of application, site (crop, animal, location, etc.) it is intended to protect, pests controlled, mixing directions, when and where the material is to be applied, and necessary application equipment. 8. Precautionary statements: Guide the applicator in taking proper precautions to protect humans or animals that could be exposed. Sometimes listed under the heading “Hazards to Humans and Domestic Animals.” This area will include information about how pesticides may enter the body and any protective clothing or equipment the applicator should use. 9. First Aid: First aid treatment guidelines are recommended in this statement in case of over- exposure. This information should be read before the product is used, and again in case of an emergency. 10. Environmental hazards: Special warning statements on the label cover hazards to the environment. Examples: “This product is highly toxic to bees,” or “This product is highly toxic to fish,” and “Do not allow drift to contact non-target plants or trees.” 11. Reentry statement: Indicates how much time must pass before a person can enter a treated area without appropriate protective clothing. 12. Storage and disposal statement: Pesticide inventories should be stored securely, preferably under lock and key, and separate from food and feed supplies. Pesticides and empty containers must be disposed of according to TDA and EPA regulations. 13. Net contents: Identifies the amount or weight of pesticide in the container and should be displayed prominently on the front of the label. EPA Registration No. ______ [Registrant Name] EPA Establishment No. _____ [City, State, Zip] Integrated Pest Management Program 76 | P a g e APPENDIX 8: Emergency and Information Phone List Fire, Ambulance, HAZMAT – Dial 911 For Medical Emergencies & Immediate Health Concerns:  City of Denton Emergency Management – 940-349-8836  Texas Poison Center Network- 24 hours call 1-800-222-1222  TCEQ - Texas Commission on Environmental Quality 24 hour spill reporting 1-800-832-8224 http://www.tceq.texas.gov/ Informational Phone Numbers  PARD Grounds Maintenance Division – 940-349-7464  Watershed Protection Department – 940-349-7153  NPIC - National Pesticide Information Center, 1-800-858-7378 http://npic.orst.edu/ provides general information on pesticide products, including safety, health, environmental effects, clean up and disposal.  Texas Department of Agriculture, 512-305-8907 http://www.agr.state.tx.us/ provides information on pesticide products and registration, conducts pesticide use investigation, and applicator licensing and certification. To Report Pesticide Exposures: Texas Department of State Health services (DSHS) 512-458-7111 Provides confidential investigations, consults with health care providers and provides clean up and exposure prevention information. Integrated Pest Management Program 77 | P a g e APPENDIX 9: Glossary Action level The point at which control measures are necessary to prevent a pest population or its impact from exceeding the threshold. Aeration The provision of air to the soil. Amphibian Any of a class (Amphibia) of cold-blooded vertebrates (as frogs, toads, or salamanders) intermediate in many characters between fishes and reptiles and having gilled aquatic larvae and air breathing adults. Anti-siphon A device that prevents waste water from being drawn back into supply lines and possibly contaminating the water supply. Applicator A person applying a liquid or solid treatment to a landscape. Ball moss Grey to greenish epiphyte about 3” to 9” wide within the Central Texas region and has scaly, recurved, linear leaves 2” to 6” long. Basal growth Leaves or stems growing at the base of a stem or tree trunk. Botanist A biologist specializing in the study of plants. Bioaccumulation The accumulation of a substance, such as a toxic chemical, in various tissues of a living organism. Backpack sprayer A sprayer worn on the back. Biofilter An emission control device that uses microorganisms to destroy volatile organic compounds and hazardous air pollutants. Bioswale Landscape elements designed to remove silt and pollution from surface runoff water, usually 6 inches or more deep. Boom sprayer A large-scale sprayer associated with a truck or tractor. Broadcast spray A wide, circle shaped spray or spray pattern. Broadleaf Having relatively broad rather than needlelike or scale-like leaves. Brood Whitish rice grain like larvae and pupae found within a fire ant mound. Buffer zone A corridor of land that is 25 feet in width on the sides of a stream or other body of water. Carbamate A salt or an ester of carbamic acid, especially one used as an insecticide. Cholinesterase A family of enzymes that catalyze the hydrolysis of the neurotransmitter acetylcholine into choline and acetic acid, a reaction necessary to allow a cholinergic neuron to return to its resting state after activation. Commercial applicator Operates a business or is employed by a business that applies restricted-use or state-limited-use pesticides to the property of another person for hire or compensation. Contaminate Soil, stain, corrupt, or infect by contact or association. Core aeration Increasing air penetration of the soil by removing plugs of soil. Decontamination To make safe by eliminating poisonous or otherwise harmful substances, such as noxious chemicals or radioactive material. Dike Contains spills to a confined area. Disease Any abnormal condition in a plant that interferes with its vital physiological processes, caused by pathogenic microorganisms, parasites, unfavorable environmental, genetic, or nutritional factors, etc. Dog off leash area Designated fenced or unfenced areas where dogs are allowed to be off-leash. Integrated Pest Management Program 78 | P a g e Drainage The natural or artificial removal of surface and sub Surface water from an area. Ecosystem A system formed by the interaction of a community of organisms with their physical environment. Edging Mechanical means to define borders. Endangered species An animal or plant species in danger of extinction throughout all or a significant portion of its range. Epiphyte Attaches to a host but absorbs water and nutrients from the air through their leaves and stems. Erosion The process of weathering and transport of solids (sediment, soil, rock and other particles) in the natural environment or their source and deposits them elsewhere. Fertilization The process of making soil more productive for plant growth by the addition of organic material or fertilizer. Fungicide Chemical compounds or biological organisms used to kill or inhibit fungi or fungal spores. Germinate To begin to sprout or grow. Grade The degree of inclination of a slope, road, or other surface. Grafting Is a method of asexual plant propagation widely used in agriculture and horticulture where the tissues of one plant are encouraged to fuse with those of another plant. Granular application Product in the form of small particles that provides a slower release of ingredients, usually used in broadcast or drop applications. Groundcover Any plant that grows over an area of ground, used to provide protection from erosion and drought, and to improve its aesthetic appearance. Herbicide A chemical substance used to destroy or inhibit the growth of plants, especially weeds. High water line The highest possible water level that would be expected in a given body of water during a 5-year period. Hilling Is the technique in agriculture and horticulture of piling soil up around the base of a plant. Hornet A venomous insect about a ¾” long and is black and white, with a white face. Horticulturalist Practices the science of plant cultivation including the process of preparing soil for the planting of seeds, tubers, or cuttings. Host The animal or plant on which or in which another organism lives. Hydrocyanic acid An aqueous solution of hydrogen cyanide HCN that is a poisonous weak acid and is used chiefly in fumigating and in organic synthesis. Infiltration To cause (as a liquid) to permeate something by penetrating its pores or interstices. Insecticide A chemical used to kill or reduce the presence of insects. Insects A class within the arthropods that have a chitinous exoskeleton, a three part body (head, thorax, and abdomen), three pairs of jointed legs, compound eyes, and two antennae. Integrated Pest Management Program 79 | P a g e Integrated Pest Management A coordinated decision in making and determining the best recommended practice that uses the most appropriate pest control methods and strategies in an environmentally and economically sound manner to meet pest management objectives. Invasive species Introduced species that can thrive in areas beyond their natural range of dispersal. Invertebrate An animal without a backbone. Irrigation An artificial application of water to the soil. Larvae The newly hatched, wingless, often worm like form of many insects before metamorphosis. Leachability Ability to dissolve out soluble constituents from (ash, soil, etc.) by the action of percolating. Listed species A species, subspecies, or distinct population segment that has been added to the Federal list of endangered and threatened wildlife and plants. Liquid application Used when the aboveground parts of plants require treatment to control pests. Some liquid formulations come packaged in their own sprayer, ready to use; no dilution is required. Lobed leaf Leaf having deeply indented margins. Mammalian Any of various warm-blooded vertebrate animals of the class Mammalia, including humans, characterized by a covering of hair on the skin and, in the female, milk producing mammary glands for nourishing the young. Microbial A minute life form; a microorganism, especially a bacterium that causes disease. Miticides A chemical composition that kills or reduces the presence of mites. Mitigation To moderate (a quality or condition) in force or intensity; alleviate. Monoculture The cultivation or growth of a single crop or organism especially on agricultural or forest land. Natural area A natural area is a physical and biological unit in as near a natural condition as possible, which exemplifies typical or unique vegetation and associated biotic, edaphic, geologic, and aquatic features. The unit is maintained in a natural condition by allowing physical and biological processes to operate, usually without direct human intervention. Noncommercial applicator Is required to be licensed but does not qualify as a commercial applicator. Noncommercial political subdivision (NCPS) An applicator employed by a political subdivision of the State of Texas or a federal agency operating in Texas. Organophosphate Poison insects and mammals primarily by phosphorylation of the acetylcholinesterase enzyme (ache) at nerve endings. Over seeding Spreading seed over established turf that has been prepared for restoration. Overstory Also called the canopy is made up of the very tallest trees that stand over the rest of the plants. Panicle Compound raceme or branched cluster of flowers. Paper wasp A venomous insect about a ¾” long, red to brown in color with a long, cylindrical abdomen. Integrated Pest Management Program 80 | P a g e Parasitoids An organism that spends a significant portion of its life history attached to or within a single host organism, which it ultimately kills (and often consumes) in the process. Personal protective equipment Includes all types of equipment used to increase individual safety while performing potentially hazardous tasks. This may include safety glasses, hard hats, gloves, lab coats, respirators, or and equipment used to protect against injury or illness. Pest An insect or other small animal that harms or destroys garden plants, trees, etc. Pesticide Any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest. Pesticide applicator license Certification of a person to use a restricted or state limited-use pesticide or regulated herbicides. Pheromone Is a secreted or excreted chemical factor that triggers a social response in members of the same species. Photodecomposition Chemical breakdown caused by radiant energy. Poison ivy A loose shrub or woody stemmed, climbing or creeping vine. The leaf consists of three leaflets on long, oppositely placed stems (petioles) and can be 3” to 10” long. Margins of the leaflets may vary from being entirely smooth, slightly toothed or lobed. The leaves can be glossy or dull green. Post emergent A herbicide used to kill weeds after they have germinated. Predators An organism that lives by preying on other organisms. Pre-emergent Chemicals that prevent the germinating weeds from establishing in a lawn. Prune To cut off or remove dead or living parts or branches of (a plant, for example) to improve shape or growth. Pupae The non-feeding stage between the larva and adult in the metamorphosis of holometabolous insects, during which the larva typically undergoes complete transformation within a protective cocoon or hardened case. Pyrethroids Chemicals that kill insects. Tend to persist and remain toxic when they enter waterways. Quill A hollow shaft or sleeve through which another independently rotating shaft may pass. Recurved leaf A leaf curved or bent backwards or downwards. Red imported fire ant Adults are red to dark brown and occur in five different forms: minor workers, about a 1/8” long; major workers, about a ¼” long; winged males and females, each about a 1/3” long; and queens, about a 1/3” long. Resistance The capacity of an organism or a tissue to withstand the effects of a harmful environmental agent. Restricted entry interval The time after a pesticide application during which entry into the treated area is restricted. Rhizome A horizontal, usually underground stem that often sends out roots and shoots from its nodes. Right of way A strip of land that is granted, through an easement or other mechanism, for transportation purposes, such as for a walking path, driveway, rail line or highway. Integrated Pest Management Program 81 | P a g e Rinsates A dilute mixture of a pesticide or pesticides with water, solvents, oils, commercial rinsing agents, or other substances, that is produced by or results from the cleaning of pesticide application equipment or pesticide containers. Rodent Any of various mammals of the order Rodentia, such as a mouse, rat, squirrel, or beaver, characterized by large incisors adapted for gnawing or nibbling. Rodenticide Pest control chemicals intended to kill or reduce the presence of rodents. Rootstalk A horizontal plant stem with shoots above and roots below serving as a reproductive structure. Rootstock A plant, and sometimes just the stump, which already has an established, healthy root system used for grafting a cutting or budding from another plant. Runner Slender creeping stem that puts forth roots from nodes spaced at intervals along its length. Runoff The occurrence of surplus liquid (as water) exceeding the limit or capacity. Scion A detached shoot or twig containing buds from a woody plant which is grafted onto the stock. Smooth leaf A leaf having an entire or lobed margin but is not toothed. Social wasps Live in nests that wasps construct and defend cooperatively. Ex. Paper wasps, yellow jackets, and hornets Sodium laureth sulfate Detergent and surfactant found in many personal care products. Ex. Soaps and shampoos Soil Surface layers of sand, silt, clay, and organic material on the surface of the earth that support plants. Solitary wasp Do not build communal nests and consequently do not defend their nest Solubility The amount of a substance that can be dissolved in a given amount of solvent. Spill Accidental or unintentional release of hazardous material. Spot spraying Targeted or direct pesticide application. Strainer A device used to separate liquids from solids. Tank Holds chemical mixtures. Threatened species An animal or plant species likely to become endangered within the foreseeable future throughout all or a significant portion of its range. Threshold A level of pest presence above which unacceptable amounts of negative plant health impacts, negative environmental impacts, negative effects on infrastructure and assets, intolerable aesthetic impacts, or undue safety risks are likely to occur. Till To prepare (land) for the raising of crops, as by plowing and harrowing; cultivate. Toothed leaf A leaf that is notched on the outer edge, or margin, of a leaf (serrate). Top dressing Material applied to a surface, as fertilizer on land or crops, or stones on a road. Toxicity The degree to which a substance is toxic, poisonous or harmful. Triclopyr A systemic, foliar herbicide in the pyridine group. It is used to control broadleaf weeds while leaving grasses and conifers unaffected. Tunneling Process in which an animal makes a hole or passageway underground, usually for shelter. Turf Surface layer of ground containing a mat of grass and grass roots. Urban forestry Management, establishment, and protection of trees and forests within cities, suburbs, or towns. Integrated Pest Management Program 82 | P a g e Weeds Any plant that crowds out cultivated and native plants. Wetland A lowland area, such as a marsh or swamp that is saturated with moisture, especially when regarded as the natural habitat of wildlife. Worker protection standard Is a regulation from the U.S. Environmental Protection Agency (EPA) designed to limit worker’s exposure to pesticides. Vertebrate A member of the subphylum Vertebrata, a primary division of the phylum Chordata that includes the fishes, amphibians, reptiles, birds, and mammals, all of which are characterized by a segmented spinal column and a distinct well differentiated head. Vespid Mostly social nest building wasps. Yellow jackets Have a shiny yellow and black striped abdomen and are typically a ½” long, workers, and a ¾” long, the queen. Integrated Pest Management Program 83 | P a g e APPENDIX 10: Revisions Date Page Reason Authorized By Date Approved Integrated Pest Management Program (IPM) IPM Program|Background Current IPM •Adopted in 2001 •Citizen input –Focus groups •Pilot program •5 sites •System-wide changes •Education •Evaluation Presentations •City Council •January 9, 2018 •February 13, 2018 •August 24, 2018 –ISR •Committee on the Environment •May 6, 2019 •Parks, Recreation and Beautification •May 6, 2019 5/7/2019 ID 19-699 2 Review Process Focus Group •10 members and COD staff •Review of documents and supplemental information •COD IPM / Austin IPM •Park acreage / classification / maintenance schedule •Product inventory / safety data sheets •Draft document Pilot Site •Single site •Organic maintenance program •Howard Garrett –Dirt Doctor •Denia Park •Diverse amenities •Outdoor programming •On-going 5/7/2019 ID 19-699 3 Key Provisions Objective –provide holistic, multi- faceted approach to manage pests and the environment that would balance costs, benefits, public health, and environmental quality. •Mission and Goals •IPM Methodology •Identification of issue •Objective •Action thresholds •Evaluation •Documentation •Detailed Strategies (19) and Operational Procedures •Licensing / training •Notification process •Handling / storing of materials •Safety measures •Targeted pest management •Appendix (10) •Approved pesticide list •Maintenance schedule / control methods •Product labeling / SDS •Glossary 5/7/2019 ID 19-699 4 Additional Considerations Organic Maintenance •Balanced Environment •Healthy soil / turf / plants •Beneficial organisms •Natural tolerance •Site Condition •Combination of products •Treatment methods •Maintenance level •Material and labor cost impact •Supplemental request –topdressing Glyphosate Use •Post-emergent, non-selective weed killer •Approximately 100 gallons/annually in park system (Ranger Pro / Honcho Plus) •Class AA / A / B properties –1 annual broadcast •Landscaping beds •Spot treatments •Civil lawsuits •No changes in regulatory status 5/7/2019 ID 19-699 5 Next Steps | Option 1 Proposed IPM Program Option 1 –Adopt the Proposed updated IPM program •Formalizes operational practices •Standardizes maintenance •Detailed / transparent •User friendly / educational format •Minimal impact to current operations •Denia organic maintenance program •Supplemental package request 5/7/2019 ID 19-699 6 Next Steps | Option 2 Alternate IPM Program Option 2(A)–Adopt the alternative IPM program excluding glyphosate Increase Fertilization •Improve health of turf –grass growth naturally inhibits weed growth •Impacts •Additional mowing cycles •Class A –32 cycles to 36 cycles •Class B –20 cycles to 32 cycles •Additional materials cost (fertilizer / water trucks) •Increased in weeds / perceived reduction in service levels Mowing Fertilizer Labor / Water Truck Sub Product Spot Spray Only Sub Product Broadcast Total Spot Spray Only Total Broadcast Spray Class A & B Parks Class A & B Parks Class A & B Parks Park System Park System $248,400 $40,000 $80,000 $1,200 $11,500 $369,600 $381,100 5/7/2019 ID 19-699 7 Next Steps | Option 2 Alternate IPM Program Option 2(B)–Adopt the alternative IPM program excluding glyphosate No Additional Fertilization •No change to turf health; no natural balance to weed growth •Impacts •Additional mowing •Class A –32 cycles to 36 cycles •Class B –20 cycles to 24 cycles •Additional materials cost (product substitution) •Increase in weeds / perceived reduction on service level Mowing Sub Product Spot Spray Only Sub Product Broadcast Total Spot Spray Only Total Broadcast Spray Class A & B Parks Park System Park System $107,611 $1,200 $11,500.00 $108,811 $120,311 5/7/2019 ID 19-699 8 Next Steps | Option 3 Combined Program Option 3 –Adopt a combination of the programs (A)Limit use of glyphosate to specific areas; overall reduction in use •Least populated areas –Right-of-ways and mediums •Impact to level of service –athletic fields and landscaped beds (B)Phase in discontinued use •Set period of time •Evaluate effects Impacts •Additional mowing •Additional materials cost (product substitution) •Labor 9ID 19-6995/7/2019 Questions and Discussion 5/7/2019 ID 19-699 10 City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 19-2498,Version:1 AGENDA CAPTION Deliberations regarding Personnel Matters - Under Texas Government Code Section 551.074. Deliberate and discuss the evaluation, duties, discipline, procedures, and contracts of the Municipal Judge and City Auditor. City of Denton Printed on 10/15/2019Page 1 of 1 powered by Legistar™ City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 19-2527,Version:1 AGENDA CAPTION Consultation with Attorneys - Under Texas Government Code Section 551.071. Consult with the City’s attorneys on the status,strategy,and potential resolution of the Crystal Faulkner personal injury claim;where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas,or would jeopardize the City’s legal position in pending or contemplated litigation or settlement offers. City of Denton Printed on 10/18/2019Page 1 of 1 powered by Legistar™ City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 19-2330,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton abandoning, releasing, and vacating a 0.091 acre tract of Carroll Boulevard right-of-way, partially out of property conveyed by the deed from William Crawford to the City of Denton, recorded in Volume 602, Page 456, Deed Records, Denton County, Texas and partially out of property conveyed by the deed from Kathleen P. Floyd to the City of Denton, recorded in Volume 567, Page 452, Deed Records, Denton County, Texas, all located in the R. Beaumont Survey, Abstract No. 31, within the City and County of Denton, Texas; providing a savings clause, and providing for severability and an effective date. City of Denton Printed on 10/18/2019Page 1 of 1 powered by Legistar™ City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Development Services CM/ DCM/ ACM: Todd Hileman DATE: October 22, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton abandoning, releasing, and vacating a 0.091 acre tract of Carroll Boulevard right-of-way, partially out of property conveyed by the deed from William Crawford to the City of Denton, recorded in Volume 602, Page 456, Deed Records, Denton County, Texas and partially out of property conveyed by the deed from Kathleen P. Floyd to the City of Denton, recorded in Volume 567, Page 452, Deed Records, Denton County, Texas, all located in the R. Beaumont survey, Abstract No. 31, within the City and County of Denton, Texas; providing a savings clause, and providing for severability and an effective date. “Partial abandonment of Carroll Blvd. – Mark Laird” BACKGROUND Highway 144 Property LLC., a Texas limited liability company is the property owner of 2100 N. Carroll Boulevard, and has made a formal request for the City of Denton to abandon a portion of Carroll Boulevard that is adjacent to its property. The Owners property is also known as Lot 2R, Block 3, Fry Addition. The area being requested for abandonment is a 0.091 acre tract that is created from two conveyance deeds that originally was for the benefit of Carroll Boulevard and its associated public improvements. The first tract was conveyed by the deed from Kathleen P. Floyd to the City of Denton in 1968. The second tract was conveyed by the deed from William Crawford to the City of Denton in 1970. The Owners property is currently vacant with no private improvements located on it. The Property Owner has researched the abandonment tract and no public or franchise facilities where found. Staff has also researched abandonment tract and has determined that the area is not needed for any current or future projects. The abandonment tract will have no impact regarding traffic and pedestrian mobility for the area. The abandonment tract was appraised by certified real estate appraiser which staff and petitioner mutually agreed upon to utilize. The Appraiser valued the abandonment tract at $15,000.00. Upon the abandonment of the subject abandonment tract, the property Owner is proposing to develop the vacant tract. The property is zoned as MN, Mixed-Use Neighborhood. And the Owner will need to meet the zoning and site design requirements of the MN district. The MN district is provided to support compatibility between higher-intensity mixed-use areas and adjacent residential and commercial areas. This district contributes to a vibrant environment for pedestrians and bic yclists and includes varying densities of residential, neighborhood-serving retail, restaurants, commercial, and office uses that are sensitive to the surrounding built and natural context in scale and form Staff recommends the approval of the abandonment upon the condition that the applicant pay the City of Denton the appraised amount of $15,000.00. City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Staff performs an analysis on the request for abandonments as follows: Is the right-of-way tract requested for abandonment considered “excess right-of-way?” Does the right-of-way tract that is requested for abandonment have a continued public use? Is it in the best interest of the general public to abandon the government’s rights in the subject abandonment tract? Would the granting of this request establish a precedent for right-of-way abandonment for future requests? Staff findings on this analysis are as follows: 1. The requested right-of-way abandonment tract fits the criteria of “excess right-of-way.” Typically, excess right-of-way is defined as: Property acquired or used by the City for right-of-way subsequently declared excess (not needed for any public project, the continuation of operation and maintenance of public facilities, and/or no foreseeable utility application in the future). 2. The right-of-way abandonment has not been utilized and has no future general public use, i.e., vehicular / pedestrian travel or placement of franchise utilities. 3. The right-of-way abandonment is in the public interest, because the area for the subject abandonment is not needed by the general public or franchise utilities. 4. This abandonment will not set precedent, because the above three standards have been met. OPTIONS 1. Approve the proposed ordinance. 2. Decline to approve the proposed ordinance. 3. Table for future consideration. RECOMMENDATION Staff recommends approval of the ordinance. ESTIMATED SCHEDULE OF PROJECT Late fall of 2019. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Fry Addition, Lot 2R, Block 3, Final Plat approval by City Council March 18, 1986. FISCAL INFORMATION Staff recommends the sale of the abandonment tract to the property owner for the appraised value of $15,000.00. All costs associated with the processing of the abandonment request are being borne by the Owner. EXHIBITS 1. Agenda Information Sheet 2. Location Map 3. Abandonment tract survey 4. Boundary Survey, 2100 N. Carroll Boulevard 5. Applicant project narrative letter 6. Applicant research letter 7. Vesting Deed 8. Real Estate Appraisal 9. Secretary of State LLC members list 10. Ordinance Respectfully submitted: Richard Cannone Deputy Director of Development Services Prepared by: Mark A. Laird Real Estate Analyst CITY OF DENTON BELL AVEN ELM STBOLIVAR STN LOCUST STFULTON STCOIT STALICE STANNA STW OAK ST N CARROLL BLVDDENTON STFRAME STEGAN ST AUSTIN STOAKLAND STW HICKORY ST WESTWAY ST EMERY ST W CONGRESS ST MINGO RDVINE STCRESCENT ST E HICKORY ST TEXAS ST SU NSET ST PANHANDLE ST E MCKINNEY ST E OA K ST W UNIVERSITY DR E UNIVERSITY DR CORDELL ST WOODLA ND ST AMARILLO STW PA R K WAY S T GREGG ST E SHERMAN DRWITHERS ST ROSE STCEDAR STDENISON STR O B E R T S S T SC HMIT Z AVE W SH ER MAN DR FIRST ST W MCK INNEY ST FOREST ST ADMINISTRATION DR E C O L L EG E S T HANN ST BELL PLC H A P E L D R SECOND ST PEARL ST MARSHALL ST W COLLEGE ST ULAND STLIBRARY DRGARY ST W PECA N ST RAILROAD AVEGROVE ST PIRTLE ST PINER STKENT ST E THIRD ST LOW RY W OO DS L N BROWN DRPAULINE ST WILLIAMS STFERGU SON ST BANNER ST E THIRD ST FRAME STAUSTIN STANNA STN ELM STFRAME STW U N IV E R S IT Y D R E OAK ST N CARROLL BLVDµ0 460 920230Feet Location Map Site - Subject Property DowntownDenton Site June 18, 2019 Mark Laird Real Estate Analyst City of Denton Re: ROWA19-0001 / North Carroll Blvd. Mark We contacted DiggTess Texas 811 to go to the property located at 2100 North Carroll Boulevard and locate any lines on the Carroll side of the street. Attached are the initial request and the response letters that we received noting no locations found from the responders. We also went to the site after the 48-hour notification time and took pictures of the site which are included here. We did see that Frontier had marked their lines, but they were right behind the street curb, so they are not in the Right of Way area which we hope to purchase. Please let us know if you want us to forward the emails we got from DigTess and if you need any more information. Thank you, Michael Tull 940-735-2462 michael@sbpcommercial.com Photos Attached Looking South on Carroll Blvd. You can see the orange Frontier flags just behind the curb. This shot is looking north on Carroll. You can see the Frontier flag in the fore ground and then after the old driveway you can see them hugging the back of the curb running north. No other markings from DiggTess were noted. The Right of Way property we are proposing to purchase is to the right of the existing sidewalk. W. LYNN SALING Real Estate Appraiser / Consultant 624 W. University Drive, Suite 369, Denton, Texas, 76201 Phone (940) 367-5279 / Email: wlsaling@gmail.com _________________________________________________________________________________ July 3, 2019 Ms. Donna Hall 1033 Bridle Path Road Argyle, Texas 76226 RE:Appraisal File No: 19051 0.09 acre of vacant land located on the East Side of Carroll Boulevard Denton, Denton County, Texas I N V O I C E Professional fee for appraisal of subject property .......................$750.00 Thank you, W. LYNN SALING Real Estate Appraiser / Consultant W. Lynn Saling AN APPRAISAL REPORT of a .09 ACRE TRACT OF VACANT LAND located on the EAST SIDE OF CARROLL BOULEVARD DENTON, DENTON COUNTY, TEXAS as of July 1, 2019 prepared for Ms. Donna Hall 1033 Bridle Path Road Argyle, Texas 76226 prepared by W. LYNN SALING Real Estate Appraiser / Consultant 624 W. University Drive, Suite 369 Denton, Texas 76201 W. LYNN SALING Real Estate Appraiser / Consultant 624 W. University Drive, Suite 369, Denton, Texas, 76201 Phone (940) 367-5279 / Email: wlsaling@gmail.com July 3, 2019 Ms. Donna Hall 1033 Bridle Path Road Argyle, Texas 76226 RE:Appraisal File No: 19051 0.09 acre of vacant land located on the East Side of Carroll Boulevard Denton, Denton County, Texas Dear Sirs: In accordance with your request, the undersigned has prepared an appraisal on the above referenced property for the purpose of providing you with an indication of the "As-Is" Market Value of the Fee Simple Estate, as of July 1, 2019. The subject property was physically viewed on July 1, 2019. This Appraisal Report is intended to comply with the reporting requirements set forth under Standards Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice. Supporting documentation is held within the appraiser's files. The depth of discussion is considered to be for the specific use of the client. It is the appraiser's understanding that this report may be used for asset assessment and any other use deemed appropriate by the client. The only intended user of this report is the client, Ms. Donna Hall. This report is subject to the Assumptions and Limiting Conditions which are set forth in the report. To the best of our knowledge, this appraisal conforms to the Uniform Standards of Professional Appraisal Practice adopted by the Appraisal Foundation. The subject property in this report is not considered to have any significant natural, cultural, recreational or scientific value. It is the appraiser’s opinion that the "As Is" Market Value of the Fee Simple Estate of the subject property, based on the analyses performed, subject to the basic assumptions and limiting conditions, as of July 1, 2019, is indicated to be: $15,000 FIFTEEN THOUSAND DOLLARS Respectfully submitted, W. LYNN SALING Real Estate Appraiser / Consultant W. Lynn Saling State Certified #TX-1321979-G TABLE OF CONTENTS INTRODUCTION PAGE Summary of Salient Facts & Conclusions ...........................................1 Subject Property Location Maps, Photographs and Sketches .............................2 Assumptions & Limiting Conditions ..............................................10 SUBJECT PROPERTY DATA Identification of Subject Property .................................................14 Legal Description .............................................................14 Ownership History ............................................................14 Purpose and Date of Appraisal ...................................................14 Function of the Appraisal .......................................................14 Property Rights Being Appraised .................................................14 Encumbrances ................................................................14 Scope of the Assignment .......................................................14 Definition of Market Value......................................................15 Area/Neighborhood Description ..................................................15 Site Description ..............................................................16 Description of Improvements ....................................................17 Tax Assessment Information ....................................................17 Highest and Best Use Analysis ...................................................17 VALUATION SECTION The Appraisal Process..........................................................18 Sales Comparison Approach to Value .............................................19 Conclusion and Final Value Indication.............................................25 Certification .................................................................26 ADDENDA Qualifications of Appraiser SUMMARY OF FACTS AND CONCLUSIONS Date of Appraisal:July 1, 2019 Subject Property:A vacant tract of land Location:E/S Carroll Boulevard, approximately 100' south of Ross Street, Denton, Denton County, Texas Zoning:"NRMU" - Neighborhood Residential Mixed Use Site Size:0.09 AC or 3,990 SF Improvements:None as of date of appraisal. Current Use:Vacant land Highest and Best Use - As If Vacant:Parking lot Purpose of Appraisal:To provide an indication of the “As Is” Market Value of the Fee Simple Estate of the subject property, as of the date of appraisal, subject to the assumptions and limiting conditions as set forth within this report. Function of Appraisal:The function of this appraisal is to serve as a basis for asset assessment and any other use deemed appropriate by the client. The intended user of this report is the client, Donna Hall. Final Indication of Value: “As Is” Market Value:$15,000 Marketing Period:Twelve months Exposure Time:Similar to marketing period. 1 REGIONAL LOCATION MAP 2 NEIGHBORHOOD LOCATION MAP 3 AERIAL LOCATION MAP 4 SURVEY PLAT MAP 5 FLOOD PLAIN MAP 6 ZONING MAP 7 SUBJECT PHOTOGRAPHS Photographs taken July 1, 2019 Subject Property, looking northeast from near southern corner of subject. Subject Property, looking southeast from near northwest corner of subject. 8 SUBJECT PHOTOGRAPHS Carroll Boulevard, looking northwest from near southern corner of subject. Carroll Boulevard, looking southeast from near northwest corner of subject. 9 LIMITING CONDITIONS AND ASSUMPTIONS This appraisal report is subject to the following assumptions and limiting conditions and to special assumptions set forth in various sections of the appraisal report. These special assumptions are considered necessary by the appraisers to make a proper estimate of value in accordance with the appraisal assignment and are made a part herein, as though copied in full. 1.LIMIT OF LIABILITY - Liability of W. Lynn Saling is limited to the fee collected for preparation of the appraisal. There is no accountability or liability to any third party. 2.COPIES, PUBLICATION, DISTRIBUTION, USE OF REPORT - Possession of this report or any copy there of does not carry with it the right of publication, nor may it be used for other than its intended use; the physical report(s) remain the property of the appraiser for the use of the client, the fee being for the analytical services only. The report may not be used for any purpose by any person or corporation other than the client or the party to whom it is addressed or copied without the written consent of W. Lynn Saling, and then only in its entirety. Neither all nor any part of the contents of this report shall be conveyed to the public through advertising, public relations efforts, news, sales or other media, without the written consent and approval of W. Lynn Saling. 3.CONFIDENTIALITY - The appraiser may not divulge the material (evaluation) contents of the report, analytical findings or conclusions, or give a copy of the report to anyone other than the client or his designee as specified in writing (except as may be required by the Texas Appraiser Licensing and Certification Board as they may request in confidence for ethics enforcement), or by a court of law or body with the power of subpoena. This appraisal is to be used only in its entirety and no part is to be used without the whole report. All conclusions and opinions concerning the analysis which are set forth in the report were prepared by the appraiser(s) whose signature(s) appear on the appraisal report, unless indicated as "Review Appraiser". No change of any item in the report shall be made by anyone other than the appraiser, and the appraiser and firm shall have no responsibility if any such unauthorized change is made. 4.TRADE SECRETS - This appraisal was obtained from W. Lynn Saling, and consists of "trade secrets and commercial or financial information" which is privileged and confidential and exempted from disclosure under 5 U.S.C. 552 (b)(4). Notify the appraiser(s) signing the report or W. Lynn Saling, of any request to reproduce this appraisal in whole or in part. 5.INFORMATION USED - No responsibility is assumed for accuracy of information furnished by or from others, the client, his designee, or public records. We are not liable for such information or the work of possible subcontractors. The comparable data relied upon in this report has been confirmed with one or more parties familiar with the transaction or from affidavit; all are considered appropriate for inclusion to the best of our factual judgment and knowledge. 10 6.TESTIMONY, CONSULTATION, COMPLETION OF CONTRACT FOR APPRAISAL SERVICES - The contract for appraisal, consultation or analytical service is fulfilled and the total fee payable upon completion of the report. The appraiser(s) or those assisting in preparation of the report will not be asked or required to give testimony in court or hearing because of having made the appraisal, in full or in part, nor engage in post appraisal consultation with client or third parties except under separate and special arrangement and at additional fee. 7.EXHIBITS - The sketches and maps in this report are included to assist the reader in visualizing the property and are not necessarily to scale. Various photos, if any, are included for the same purpose and are not intended to represent the property in other than actual status, as of the date of the photos. 8.LEGAL, ENGINEERING, FINANCIAL, STRUCTURAL, OR MECHANICAL NATURE, HIDDEN COMPONENTS, SOIL - No responsibility is assumed for matters legal in character or nature, nor matters of survey, nor of any architectural, structural, mechanical, or engineering nature. No opinion is rendered as to the title, which is presumed to be good and merchantable. The property is appraised as if free and clear, unless otherwise stated in particular parts of the report. The legal description is assumed to be correct as used in this report as furnished by the client, his designee, or as derived by the appraiser. The appraiser has inspected, by observation, the land and the improvements thereon; however, it is not possible to personally observe conditions beneath the soil or hidden structure, or other components, or any mechanical components within the improvements; no representations are made herein as to these matters unless specifically stated and considered in the report; the value estimate considers there being no such conditions that would cause a loss of value. The land or the soil of the area being appraised appears firm; however, the degree of subsidence in the area is unknown. The appraiser(s) do not warrant against this condition or occurrence of problems arising from soil conditions. The appraisal is based on there being no hidden, unapparent, or apparent conditions of the property site, subsoil, or structures which would render it more or less valuable. No responsibility is assumed for any such conditions or for any expertise or engineering to discover them. All mechanical components are assumed to be in operable condition and status standard for properties of the subject type. Condition of heating, cooling, ventilating, electrical and plumbing equipment is considered to be commensurate with the condition of the balance of the improvements unless otherwise stated. 9.THE EXISTENCE OF HAZARDOUS SUBSTANCES - No judgment is made as to adequacy of type of insulation or energy efficiency of the improvements or equipment. Further, unless otherwise stated in this report, the appraiser(s) have no knowledge of the existence of hazardous waste products or any resultant contamination, including, without limitation, asbestos, polychlorinated biphenyl, petroleum leakage, or agricultural chemicals, which may or may not be present on the property, or other environmental conditions which were not called to the attention of nor did the appraiser(s) become aware of such during the appraiser's inspection. The appraiser(s), however, are not qualified to test such substances or conditions. If the presence of 11 such substances, such as asbestos, urea formaldehyde, foam insulation, or other hazardous substances or environmental conditions, may affect the value of the property, the value indicated is predicated on the assumption that there is no such condition on or in the property or in such proximity thereto that it would cause a loss in value. No responsibility is assumed for any such conditions, nor for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in the field of environmental impacts upon real estate if so desired. The appraisers have not commissioned an environmental audit of the property being appraised, nor have we been provided such a report that would indicated presence or absence of hazardous materials/contamination. The appraiser represents that he is not an expert to appraise insulation or other products banned by the Consumer Products Safety Commission which might render the property more or less valuable, and in connection with this appraisal, the appraiser has not inspected for, tested for, nor taken into consideration in any respect, the presence or absence of insulation or other products described above. Therefore, the appraiser assumes no responsibility in the event the presence or absence of insulation, hazardous waste contamination, or other products increase or decrease the value of the property from the value placed thereon by the opinion of the appraiser. 10.LEGALITY OF USE - The appraisal is based on the premise that there is full compliance with all applicable federal, state and local environmental regulations and laws unless otherwise stated in the report. Further, that all applicable zoning, building, and use regulations and restrictions of all types have been complied with unless otherwise stated in the report. Further, it is assumed that all required licenses, consents, permits, or other legislative or administrative authority from local, state, federal and/or private entities or organizations have been or can be obtained or renewed for any use considered in the value estimate. 11.COMPONENT VALUES - The distribution of the total valuation in this report between land and improvements applies only under the existing program of utilization. The separate valuations for land and building must not be used in conjunction with any other appraisal and are invalid if so used. 12.AUXILIARY AND RELATED STUDIES - No environmental or impact study, special market study or analysis, highest and best use analysis study or feasibility study has been requested or made unless otherwise specified in an agreement for services or in the report. The appraiser reserves the unlimited right to alter, amend, revise or rescind any of the statements, findings, opinions, values, estimates, or conclusions upon any subsequent such study or analysis or previous study or analysis subsequently becoming known to him. 13.DOLLAR VALUES, PURCHASING POWER - The value indicated and the costs used are as of the date of appraisal and are based on the purchasing power and price of the dollar. 14.INCLUSIONS - Furnishings and equipment or business operations, except as specifically indicated and typically considered as a part of real estate, have been disregarded with only the real estate being considered. 12 15.PROPOSED IMPROVEMENTS, CONDITIONED VALUE - Improvements proposed, if any, on or off-site, as well as any repairs required, are considered, for purposes of this appraisal, to be completed in good and workmanlike manner according to information submitted and/or considered by the appraiser(s). In cases of proposed construction, the appraisal is subject to change upon inspection of the property after construction is completed. This indication of market value is as of the date shown, as proposed, as if completed and operating at levels shown and projected. 16.VALUE CHANGE, DYNAMIC MARKET, INFLUENCES - The indicated Market Value is subject to change with market changes over time; value is highly related to exposure, time, promotional effort, terms, motivation, and conditions surrounding the offering. The value estimate considers the productivity and relative attractiveness of the property physically and economically in the marketplace. The "Indication of Market Value" in the appraisal report is not based in whole or in part upon the race, color or national origin of the present owners or occupants of the properties in the vicinity of the property appraised. In cases of appraisals involving the capitalization of income benefits, the estimate of fair value is a reflection of such benefits and appraiser's interpretation of income and yields and other factors derived from general and specific market information. Such estimates are as of the date of the estimate of value; they are thus subject to change as the market is dynamic and may naturally change over time. 17.MANAGEMENT OF THE PROPERTY - It is assumed that the property which is the subject of this report will be under prudent and competent ownership and management, neither inefficient nor super-efficient. 18.GENERAL CONDITIONS - A.The fee for this appraisal or study is for the service rendered and not for the time spent on the physical report. B.ACCEPTANCE OF, AND/OR USE OF, THIS APPRAISAL REPORT CONSTITUTES ACCEPTANCE OF THE ABOVE CONDITIONS. C.The subject of this appraisal is a tract of vacant land that contains approximately 0.09 acre, or 3,990 SF. This appraisal specifically assumes that this area is correct. 13 GENERAL APPRAISAL INFORMATION PERTAINING TO THIS REPORT Identification of Subject Property: The subject property is a tract of vacant land that contains approximately 0.09 acre, or 3,990 square feet, located on the east side of Carroll Boulevard, approximately 100' south of Ross Street, Denton, Denton County, Texas. Legal Description: The subject's legal description is set forth as follows: Approximately 0.09 acre located in the R. Beaumont Survey, Abstract #31, City of Denton, Denton County, Texas. Ownership History: The subject property is presently reported to be owned by the City of Denton and has been for over 5 years prior to the date of this appraisal. To the best of the appraisers knowledge the subject property is not presently being offered for sale or subject to pending foreclosure proceedings. Purpose and Date of Appraisal: The purpose of this appraisal is to provide an indication of the "Market Value" of the Fee Simple Estate of the subject property as it legally and physically exists or "As Is", as of July 1, 2019, subject to the Limiting Conditions and Assumptions set forth in the report. The report date is July 3, 2019. Function of the Appraisal: The function of this appraisal is to serve as a basis for asset evaluation and any internal uses deemed necessary by the client. The only intended user of this appraisal is the client, Ms. Donna Hall. Property Rights Being Appraised: The property rights being defined are those of the Fee Simple Estate. The Fee Simple Estate is defined in The Appraisal of Real Estate (Twelfth Edition, 2001), sponsored by the Appraisal Institute, as: Absolute ownership unencumbered by any other interest or estate, subject only to the four powers of government. Encumbrances: A title policy was not provided by the client. It is presumed that the site is only subject to the various utility easements typical to the area. No adverse easements or encroachments were noted during a physical inspection by the appraisers. Scope of the Assignment: This appraisal report which is intended to comply with the reporting requirements set forth under Standards Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice. Per agreement with the client, the report presents only a summary of the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser’s opinion of value. Additional supporting documentation concerning the data, reasoning, and analyses is retained in the appraiser’s file. The depth of discussion contained in this report is specific to the needs of the client and for the intended use stated above. The appraiser is not responsible for unauthorized use of this report. 14 The scope of this analysis included the following: •reading of the request for appraisal services and related attachments; •physical observation of the subject, neighborhood, and sub-market; •research public records, or other sources deemed reliable, relative to the subject; •research public records, or other sources deemed reliable, for sales of comparable properties; •present the results in a summarized format. The subject property is a vacant tract of land; therefore, the appraiser has considered only the Sales Comparison Approach to be applicable in this analysis. The Cost Approach to value was not considered to be an applicable indicator of value in this instance as the subject has no improvements. Further, the Income Approach was not considered to be an applicable indicator as the appraiser considers that there is no market for leasing the subject for any use that would provide an income greater than the ad valorem tax expenses. Definition of Market Value: The value concluded by this appraisal is based upon the definition of Market Value as set forth by the F.D.I.C., Regulation 12 CFR, Part 323.2 (f). Market Value is defined as the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1)buyer and seller are typically motivated. 2)both parties well informed or well advised, and acting in what they consider their own best interest. 3)a reasonable time is allowed for exposure in the open market, 4)payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and 5)the price represents normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. Area/Neighborhood Description: The subject property is located in the southern portion of northern Denton, approximately 5 blocks northwest of the main campus of Texas Woman’s University. The City of Denton is situated in the central portion of Denton County, Texas approximately 38 miles northwest of the Dallas Central Business District and 36 miles northeast of the Fort Worth CBD where I-35E and I-35W merge to form I-35 on its’ northerly course into Oklahoma. Other major federal, state and county roads include US 377, another north/south artery connecting Denton with Fort Worth; US 380, an east/west highway connecting Denton with McKinney; US 77 is another highway that serves Denton. Denton is located due north of the Dallas/Fort Worth International Airport. The subject property is located in the southern portion of northern Denton, being on the east side of Carroll Boulevard, south of Ross Street and north of Sherman Drive and is considered to have adequate access to and from all portions of this market area. The neighborhood is considered to be a mixed-use neighborhood predominantly influenced by the presence of Texas Woman’s University, located approximately 5 blocks southeast of the subject property, and the proximity to employment and shopping. The neighborhood boundaries are generally described as being the area bound by Elm Street to the north, Locust Street to the east, University Drive to the south and Hinkle Drive to the west. The 15 subject property is located in the southeastern portion of this defined area. The subject neighborhood is approximately 95% built up and is comprised of retail/service, single family and multi-family developments. Commercial land uses are typically located along the main traffic arteries and have no adverse affect on the residential properties located within the area. Site Description: The subject site is a triangular shaped parcel of land that contains approximately 0.09 acres or 3,990 square feet and is not considered to have any significant natural, cultural, recreational or scientific value. Topography: The site is generally level with moderate contours. According to F.E.M.A. Community Flood Map Panel No. 48121C-0360-G, dated April 18, 2011, no portion of the subject site appears to be located in the 100 year flood plain. Shape: The subject property is triangular in shape which is considered to significantly limit the functional utility for any use other than parking when combined with typical set back and building line requirements for any type of structural construction. Ingress/Egress: Direct ingress and egress to the site is provided from the east side of Carroll Boulevard, a bi-directional, asphalt paved neighborhood feeder street that serves the immediate neighborhood. Carroll widens into a 6 lane paved main traffic artery just south of the subject property. This type of access to the site is considered typical of the immediate area. Easements/Encroachments: A title policy was not provided to the appraiser. Physical observation of the site indicated that there are typical access and utility easements associated with the site; however, these are not considered to have any adverse affect on the site. There were no encroachments noted as of the date of inspection. Utilities: Utilities are typical of commercial sites in the area. Zoning: The subject is currently zoned "NRMU" - Neighborhood Residential Mixed Use district by the City of Denton. According to the City of Denton Planning and Zoning Department, the purpose of the Neighborhood Residential land use is to preserve and protect existing neighborhoods and to ensure that and new development is compatible with existing land uses, patterns, and design standards. This district is the heart of the Neighborhood Center. Appropriately designed neighborhood oriented retail, office and service development with allowances for town homes, civic uses and limited multi-story apartments. This category is home to moderate and higher intensity multi-family housing. This zoning allows for a wide variety of permitted uses, including: agriculture use; dwellings above businesses; live/work units; community homes for the disabled; home occupation; hotels; bed & breakfasts; laundry facilities; veterinary clinics; community service; parks/open space; churches; semi-public halls/clubs/lodges; adult or child day care; kindergarten or elementary schools; middle schools; elderly housing; and medical centers. Uses that are permitted with specific limitations include livestock; attached single family d well in gs ; r e t ai l sales /se r vi ce ; r estaurant /p riv ate clu b; p ro fessi on al se r vices/offi ce s ; administrative/research facilities; broadcasting/production studio; temporary uses; bakeries; basic utilities; and business/trade schools. Additionally, group homes; multi-family dwellings; fraternity/sorority house; dormitory; drive through facilities; quick vehicle servicing; outdoor recreation; gas wells; high schools; WECS (freestanding monopole support structure); and WECS (building mounted) are allowed via Specific Use Permits. 16 Being a tract of vacant land, the subject is considered to be a permitted use and is considered to conform with current zoning restrictions. Deed Restrictions: No study concerning deed restrictions has been conducted by the appraisers. Only a detailed search by a title company or attorney can provide positive assurance of the existence or absence of deed restrictions. However, for the purpose of this appraisal, it is assumed there are no deed restrictions which adversely affect development of the subject site. Environmental Hazards: Visual observation of the subject property for any known hazardous substances or detrimental environmental conditions on or around the subject site was made. No adverse environmental conditions were noted as of the appraisal date; however, the appraiser is not an expert in this field and the client should, if deemed appropriate, obtain an environmental audit by an expert in this field. Relationship of the Subject Site to Its Surroundings: The subject property is a small, triangular tract of vacant land. The subject is located in a predominantly multi-family and single family residential neighborhood in the southern portion of northern Denton. The subject is considered to conform well to surrounding properties and has adequate accessibility to both universities, shopping and area employment centers. Description of Improvements: There were no significant improvements located on the subject site as of the appraisal date. Tax Analysis: Currently, the subject property is owned by the City of Denton, a tax exempt entity; therefore, no assessment is available. Highest and Best Use: The subject property is located on the east side of Carroll Boulevard, approximately 100' south of Ross Street, just north of an area of concentrated retail use that follows University Drive through Denton. The property surrounding the subject is of commercial uses that are typical of the area; older, single family residences; a multi-family residential complex; and the North Texas State Fair Association fair and rodeo grounds. Considering current trends in the Denton area market, the size of the subject site and the shape of the subject site, the appraiser considers the following to be reasonable: The Highest and Best Use of the subject property “as is” would be for use as a public parking area or combined with an adjacent property for additional parking area. 17 VALUATION SECTION The Appraisal Process: There are three approaches which may be used in the appraisal of real estate property. These approaches to value include the Cost Approach, the Sales Comparison Approach and the Income Approach. These approaches are defined in Real Estate Appraisal Terminology, sponsored by the Appraisal Institute (Revised Edition, 1993), as follows: The Cost Approach is "that approach in appraisal analysis which is based on the proposition that the informed purchaser would pay no more than the cost of producing a substitute property with the same utility as the subject property. It is particularly applicable when the property being appraised involves relatively new improvements which represent the highest and best use of the land or when relatively unique or specialized improvements are located on the site and for which there exists no comparable properties on the market." The Sales Comparison Approach is "traditionally an appraisal procedure in which the market value estimate is predicated upon prices paid in actual market transactions and current listings, the former fixing the lower limit of value in static or advancing market (price-wise), and fixing the higher limit of value in a declining market; and the latter fixing the higher limit in any market. It is a process of analyzing sales of similar, recently sold properties in order to derive an indication of the most probable sales price of the property being appraised. The reliability of this technique is dependent upon (a) the availability of comparable sales data, (b) the verification of the sales data, © the degree of comparability or extent of adjustment necessary for time differences, and (d) the absence of non-typical conditions affecting the sales price. The Income Capitalization Approach is "that procedure in appraisal analysis which converts anticipated benefits (dollar income or amenities) to be derived from the ownership of property into a value estimate. The income approach is widely applied to appraising income producing property. Anticipated future income and/or "reversions" are discounted. In essence, all approaches to value (particularly when the purpose of the appraisal is to establish market value) are market data approaches since the data inputs are presumably market derived. This appraisal is structured following this basic format with general data concerning the economic base of the surrounding area, characteristics of the neighborhood, and description of the subject property. The data collected in the valuation section is reconciled in the conclusion reached by considering all the applicable information presented. Implicit in all approaches to value is the theory of substitution. It is assumed a purchaser will not pay more for a property than it will cost to construct or buy a property offering similar utility. The subject property consists of a vacant tract of land containing approximately 0.09 acre, or 3,990 square feet, thus the Cost Approach to value is not considered to be applicable and has not been utilized in this analysis. The appraiser also considers that there is no market for leasing the subject property, as vacant land, for a lease rate adequate to offset current ad valorem taxes, at best; therefore, the Income Approach is considered to be not applicable and was not utilized in this analysis. Thus, the appraiser has utilized only the Sales Comparison Approach to provide an indication of the market value of the subject property in this analysis. 18 Sales Comparison Approach to Value: The Sales Comparison Approach has been selected to provide an indication of the value of the subject site as though vacant and available to be developed to its highest and best use. This approach utilizes sales of similar vacant parcels which are weighed, compared, and related to the land being appraised. As of the date of appraisal, the sales summarized on the following page are considered to be the most comparable sales to that of the subject property. These sales have been verified by either the buyer, seller, broker or other source considered reliable and having knowledge of the particular transaction. The selected sales are documented on the following pages with a location map for visual reference as to each sale's location relative to the subject site. Adjustments are required to the prices paid for each of the selected sales to compensate for differences between each tract and the subject site. In applying such adjustments, it is necessary to consider the following factors: Market Conditions - The date of sale is considered in order to assess the overall trend and changes in price levels in the area caused by a lapse in time. This factor may also be appropriate when necessary to estimate the development potential or timing of a particular sale until the market dictates that it is ready for development. Location - Location is an important element to land value. Major locational considerations include the general character and trend of surrounding development in the neighborhood area, as well as overall access and exposure, and the relative importance of thoroughfare frontage. Physical/Utility Characteristics - The overall physical utility and/or characteristics of land have a direct bearing upon its development potential and, therefore, land value. Physical elements which must be considered include zoning, topography, soil conditions, availability of utility services, overall size, shape, depth and any extraordinary development costs which might be applicable. Conditions of Sale - Conditions of sale refers to seller/ buyer motivation, special terms of financing arrangements, and/or abnormal circumstances surrounding the transaction which influenced the sale price. Examples of such conditions might include a forced sale, extraordinary seller financing, sale between related parties, or a sale resulting from the exercise of an old option. The appraiser has assembled the following sales that are considered appropriate in determining the market value of the subject site. 19 LAND SALE NO. 1 19051 Mapsco:DC-493.P Location:2100 N. Carroll Boulevard, Denton Legal Desc.Lot 2R, Block 3, D. H. Fry Addition Grantor:Kurt William Crawford, Trustee Grantee:Highway 114 Property LLC Property Data: Size:36,982 SF; 0.849 AC Flood Plain:None Zoning:NRMU Shape:L-shape Utilities:All available Easements:None detrimental Frontage:Carroll Blvd & Ross St Improvements:None of value at date of sale Topography:Level Intended Use:Investment Sales Data: Sale Date:8/14/2018 Recording Data:2018-109812 Sales Price:$170,000 or $4.60/SF Terms:Cash to Seller Comments:Similar location as compared to the subject. Larger size site as compared to the subject. Irregular shape, but superior utility as compared to the subject. Source:Grantee/DCAD #133612 LAND SALE NO. 2 19051 Mapsco:DC-493.E Location:1061 Riney Road, Denton Legal Desc.Lot 1, Block A, Riney Road Assisted Living Addition Grantor:Brad Andrus & Brock Andrus Grantee:DLH Investments, LLC Property Data: Size:39,204 SF; 0.90 AC Flood Plain:None Zoning:NRMU-12 Shape:Irregular Utilities:All available Easements:None detrimental Frontage:Riney Rd & Elm St Improvements:None of value at date of sale Topography:Level Intended Use:Future development of assisted living center Sales Data: Sale Date:3/09/2018 Recording Data:2018-28178 Sales Price:$186,000 or $4.74/SF Terms:Cash to Seller Comments:Reasonably similar location as compared to the subject. Larger size site as compared to the subject. Irregular shape, but superior utility as compared to the subject. Source:Grantor/DCAD #685584 20 LAND SALE NO. 3 19051 Mapsco:DC-493.S Location:1316 Cordell Street, Denton Legal Desc.Lot 3A, Block A, John Roady Addition Grantor:Aaron & Tami Turrubiarte Grantee:Cole Creek Properties LLC Property Data: Size:8,184 SF; 0.1878 AC Flood Plain:None Zoning:NRMU-12 Shape:Rectangular Utilities:All available Easements:None detrimental Frontage:Cordell St Improvements:None of value at date of sale Topography:Level Intended Use:Multi-family development Sales Data: Sale Date:3/23/2017 Recording Data:2017-35875 Sales Price:$59,500 or $7.27/SF Terms:Cash to Seller Comments:Reasonably similar location as compared to the subject. Larger size site as compared to the subject. Rectangular shape and superior utility as compared to the subject. Source:NTREIS/DCAD #76784 LAND SALE NO. 4 19051 Mapsco:DC-493.K Location:3285-3301 N. Elm Street, Denton Legal Desc.A-186 & A-1288 Grantor:Tex Martin Grantee:Hamid R. Naeimi Property Data: Size:48,308 SF; 1.11 AC Flood Plain:None Zoning:NRMU-12 Shape:Triangular Utilities:All available Easements:None detrimental Frontage:Elm St Improvements:None of value at date of sale Topography:Gently sloping Intended Use:Investment Sales Data: Sale Date:1/19/2018 Recording Data:2018-10752 Sales Price:$115,000 or $2.38/SF Terms:Cash to Seller Comments:Reasonably similar location as compared to the subject. Larger size site as compared to the subject. Reasonably similar shape and utility as compared to the subject. Source:NTREIS/DCAD #164906 & 164924 21 COMPARABLE LAND SALES LOCATION MAP 22 LAND SALES SUMMARY Sale No. Location Sale Date Size (SF) Zoning Sales Price/SF 1 2100 N. Carroll Blvd, Denton 8/18 36,982 NRMU $4.60 2 1061 Riney Rd, Denton 3/18 39,204 NRMU-12 $4.74 3 1316 Cordell St, Denton 3/17 8,184 NRMU-12 $7.27 4 3285-3301 N. Elm St, Denton 1/18 48,308 NRMU-12 $2.38 Subject E/S Carroll Blvd, Denton 7/19 3,990 NRMU ---- As noted in the sales summary, there have been a limited number of reasonably similar sales in the general market area over the past two plus years. The appraiser considers each of these sales to be reasonably comparable to the subject, given location, size and use. Each sale has been analyzed on a sale price per square foot basis. Various factors that influence value were also analyzed. Some general factors that affect value can be smaller tracts tending to sell for more on a per unit basis than do larger tracts; sites such as corner parcels or properties with extensive frontage and good exposure to major thoroughfares or easy access tend to sell for more than do parcels with limited street frontage. Other factors which can influence value, include availability of utilities, topography, density, zoning, site utility, and date of sale. In those areas where a full paired sales analysis was not available, the appraiser has relied upon data from informational services plus his expertise and judgement. Explanations regarding the adjustments follow the chart. ADJUSTMENT CHART Sales Price/SF Subject ---- Sale No. 1 $4.60 Sale No. 2 $4.74 Sale No. 3 $7.27 Sale No. 4 $2.38 Property Rights Conveyed Adjustment Fee Simple ---- Fee Simple -0- Fee Simple -0- Fee Simple -0- Fee Simple -0- Adjusted Sale Price ----$4.60 $4.74 $7.27 $2.38 Conditions of Sale Adjustment Typical ---- Cash to seller -0- Cash to seller -0- Owner Finance -0- Cash to seller -0- Adjusted Sale Price ----$4.60 $4.74 $7.27 $2.38 Market Conditions Adjustment 7/19 ---- 8/18 -0- 3/18 -0- 3/17 -0- 1/18 -0- Adjusted Sale Price ----$4.60 $4.74 $7.27 $2.38 Physical Adjustments Location Adjustment Good ---- Similar -0- Similar -0- Similar -0- Similar -0- Size (SF) Adjustment 3,990 ---- 36,982 +27% 39,204 +27% 8,184 +15% 48,308 +28% Zoning Adjustment NRMU ---- NRMU -0- NRMU-12 -0- NRMU-12 -0- NRMU-12 -0- Shape/Functional Utility Adjustment Triangle/Poor ---- Irregular/Avg -40% Irregular/Avg -40% Rectangular/Gd -60% Similar/Similar -0- Total Required Adjustments -----13%-13%-45%+28% Adjusted Sales Price ----$4.00 $4.12 $4.00 $3.05 23 Explanation of Adjustm ents - Property Rights Conveyed - All of the properties analyzed were conveyed in the Fee Simple Estate, therefore, no adjustment for property rights conveyed is warranted. Conditions of Sale - All of the sales were on a cash basis or adjusted for cash equivalent. No additional adjustments were made for financing. Adjustments for conditions of sale usually reflect the motivations of the buyer and seller. All sales utilized in this analysis, were considered to be under normal market conditions, therefore, no adjustment for condition of sale. Market Conditions - The subject property appraisal is as of a specific date. Market conditions are known to change over time, therefore, it is necessary to examine the date of sale of the comparables with the valuation date of the subject to determine any change in market conditions over that time span. Comparative analysis did not indicate any significant trend or factor that could be attributed solely to the difference in date of sale. Therefore, the appraiser has applied no adjustments for date of sale. Location - The adjustments for location are decisions based on the influence of corner sites, surrounding development, location with regard to the proximity of development, accessibility, visibility and density of development. The subject is located on the east side of Carroll Boulevard, just north of an area of concentrated retail development and just south and east of older single family residences. Each of the comparable sales are considered to be reasonably similar to the subject in locational factors and warrant no adjustment. Size - Typically, larger sites sell for less on a per unit basis than do smaller sites, a reflection of economies of scale. Each of the four sales are larger than the subject and warrant upward adjustment for this factor. Comparative analysis proved ineffective in deriving an appropriate adjustment factor for this difference; therefore, the appraiser has subjectively applied adjustments to each of the four sales based on a ratio of a 1% change in size inversely correlating with a 0.3% change in the price paid. This ratio is considered to be within the mid range of the indications observed in this market area. Zoning - Adjustments for zoning are based on the limitations, or lack thereof, that specific zoning restrictions allow within a given location. The subject is zoned NRMU, which allows for various levels of multi-family and commercial related uses. Sale 1 is similarly zoned, thus warrants no adjustment. Sales 2, 3 and 4 are zoned NRMU-12, which allows many of the same uses as the subject's zoning, thus no adjustment for this factor is considered to be warranted. Shape/Functional Utility - The subject property is triangular in shape, which when coupled with required setbacks and building lines produces a very limited usable area for anything other than parking. Sales 1 and 2 are slightly irregular in shape which slightly hampers their functional utility, but not as much as the shape of the subject hampers it's functional utility; therefore, a downward adjustment has been applied to Sale 1 and Sale 2 for this factor. Sale 3 has a rectangular shape which provides for maximum functional utility, thus warranting a downward adjustment greater than that applied to Sales 1 and 2. Sale 4 is considered to be reasonably similar to the subject in this factor and warrants no adjustment. All other factors of value in comparison of the sales to the subject property are considered to be similar and no further adjustments are considered to be warranted. 24 Conclusion and Final Value Indication: The collected land sales have been analyzed on a sales price per square foot basis. The range of prices before adjustments varied from a low of $2.38 per square foot to a high of $7.27 per square foot. After the required adjustments, summarized in the adjustment chart and explained on the preceding pages, the sales price per square foot varied from a low of $3.05 to a high of $4.12, with an average of $3.79. The appraiser considers each of the comparables, as adjusted, to be provide equally applicable and reliable value indications for the subject and has therefore, given them each consideration in the final indication of value for the subject site. Therefore, after all adjustment considerations and considering the physical factors of the subject property (size, location and utility), a value per square foot in the mid range of the indicated values, or $3.80, is considered reasonable and appropriate for the subject site. This value applied to the subject site size provides an indication of the market value of the subject site as of July 1, 2019. 3,990 SF x $3.80/SF =$15,162 Rounded ...$15,000 Therefore, it is the appraiser’s opinion that the “As Is" Market Value of the Fee Simple Estate of the subject property, based on the market conditions present as of July 1, 2019, is indicated to be: “As Is” Market Value $15,000 FIFTEEN THOUSAND DOLLARS Marketing and Exposure Time: There have been a limited amount of sales of reasonably similar properties in the Denton market area over the past 2+ years. Generally properties of most types with good locations in this market place sell within 12 months if appropriately priced for sale. Based on the appraisal value of the subject, a marketing time 12 months is realistic. The exposure time is considered to be similar to the marketing time. Competency Statement: W. Lynn Saling has appraised over 60 improved and unimproved properties within the Denton County market area over the past 12 months. 25 CERTIFICATE I do hereby certify that, except as otherwise noted in this appraisal report: the statements of fact contained in this report are true and correct; the reported analyses, opinions and conclusions are limited only by the reported assumptions and limiting conditions and are our personal, unbiased professional analyses, opinions and conclusions; I have no present or prospective interest in the property which is the subject of this report and I have no personal interest or bias with respect to the parties involved; my engagement in this assignment was not contingent upon developing or reporting predetermined results; my compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal my compensation is not contingent upon an action or event resulting from the analyses, opinions or conclusions in, or the use of, our appraisal report; my analyses, opinions and conclusions were developed and this report has been prepared in conformance with the requirements of Title XI-FIRREA, 1989. my analyses, opinions and conclusions were developed and this report has been prepared in conformity with the rules of the Texas Appraiser Licensing and Certification Board. W. Lynn Saling has personally viewed the property which is the subject of this report. No one provided significant professional appraisal assistance to the person signing this report. W. Lynn Saling has performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. It is noted that while it is possible that the subject property could sell within a shorter time period, it is our opinion that a more probable marketing time for the subject property would be twelve months. W. LYNN SALING Real Estate Appraiser / Consultant W. Lynn Saling State Certified #TX-1321979-G 26 ADDENDUM Qualifications of Appraiser 10/18/2019 BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY https://direct.sos.state.tx.us/corp_inquiry/corp_inquiry-entity.asp?spage=mgmt&:Spagefrom=&:Sfiling_number=801746791&:Ndocument_number=921393650002&:Npgcurrent=1&:Norder_item_type_id…1/1 TEXAS SECRETARY of STATE RUTH R. HUGHS BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY Filing Number: 801746791 Entity Type: Domestic Limited Liability Company (LLC) Original Date of Filing: March 8, 2013 Entity Status: In existence Formation Date: N/A Tax ID: 32050398364 FEIN: Duration: Perpetual Name: Highway 114 Property LLC Address: 1033 BRIDLE PATH RD ARGYLE, TX 76226 USA REGISTERED AGENT FILING HISTORY NAMES MANAGEMENT ASSUMED NAMES ASSOCIATED ENTITIES Last Update Name Title Address October 12, 2018 DONNA J KELLY HALL MEMBER 1033 BRIDLE PATH RD ARGYLE, TX 76226 USA October 12, 2018 GARRY L HALL MEMBER 1033 BRIDLE PATH RD ARGYLE, TX 76226 USA Order Return to Search Instructions: To place an order for additional information about a filing press the 'Order' button. City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 19-2386,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton authorizing the City Manager to sign a Medical Office Building Lease and First Amendment to Medical Office Building Lease by and between Epic Development, Inc. and the City of Denton for the use and occupancy of premises at 3537 South I-35E Denton, Texas 76210 for the City of Denton Employee Health Center for a three year period; authorizing the expenditure of funds therefor (with a one-year cost of $66,552, and a three (3) year not-to-exceed amount of $203,676); and providing an effective date. City of Denton Printed on 10/15/2019Page 1 of 1 powered by Legistar™ City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Materials Management ACM: Sara Hensley DATE: October 22, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton authorizing the City Manager to sign a Medical Office Building Lease and First Amendment to Medical Office Building Lease by and between Epic Development, Inc. and the City of Denton for the use and occupancy of premises at 3537 South I-35E Denton, Texas 76210 for the City of Denton Employee Health Center for a three year period ; authorizing the expenditure of funds therefor (with a one-year cost of $66,552, and a three (3) year not-to-exceed amount of $203,676); and providing an effective date BACKGROUND Please note that there are two (2) separate agreements that relate to the operation of the City of Denton Employee Health Center (Clinic): a contract with CareHere, LLC for the operation and management of the Clinic that will expire in March of 2022; and the lease with Epic Development for the medical office space at Medical City Denton. This Agenda item is for the lease agreement only. The City of Denton opened the Clinic in December of 2011. Since that time, the Clinic has occupied 2,832 leasable square feet of medical office space in the Medical City Denton (formerly Denton Regional Medical Center) professional building. At the time the Clinic opened, Denton Regional Medical Center offered the leased space to the City for $1.00 per year. However, in 2018, when Medical City took over the facility, they changed the lease to a “fair market” basis and began charging the City $23.00 per leasable square foot, for an annual lease cost of $65,136. This lease rate is “full service” and includes utilities (excluding phone & internet), janitorial, repairs and maintenance, road and grounds, management fees, property taxes, and building insurance. Medical City (Epic Development), through their leasing agent, Lincoln Harris has offered the City a new three (3) year lease, at a rate of $23.50 per square foot ($66,552 in the first year), with a 2% escalation amount in the second and third years. This escalation amount is included in the not-to-exceed calculation above. The proposed lease also provides the City with a $10,000 “tenant improvement allowance” to help update and renovate the space. The proposed lease rate is also a “full service” rate. Current Location The Clinic has benefitted from the current location since it opened. By being in an existing medical area and attached to a hospital, the Clinic has a professional appearance that helps convey the image of a high quality medical facility. It is also in an area that many employees, retirees, and dependents are used to City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com traveling to in order to access medical care. The current location is also in fairly close proximity to the majority of our most heavily populated City facilities. Another advantage is being located in a professional building with other medical providers and services. This allows for easier referrals to specialists, imaging, etc. that are located within the facility. The Clinic’s proximity to the hospital has also been valuable in those rare situations where the medical providers have determined the patient needs to be evaluated in the Emergency Room. And finally, the parking area provides adequate space for employees who drive large vehicles such as dump trucks, refuse trucks, and fire apparatus. Based on patient satisfaction surveys, our employees, retirees, and dependents that access the Clinic value the existing facility as part of the overall patient experience. A few comments include: “Thanks for offering a clean, attractive clinic with excellent health care!” “It is a wonderful facility with great service.” “The facility and staff are most excellent!” Additionally, if the Clinic were relocated the City would incur the cost to move all the equipment and supplies to the new location, as well as the disruption to Clinic operations during the move. Market Analysis In evaluating the proposed lease amount, the City hired Duff & Phelps to conduct an analysis of the medical office market in Denton, Texas (see Exhibit 2 for the full report). The analysis concluded the rate for a similar medical office space was $22.50 to $23.50 per square foot, with a 2-3% escalation over a 5 – 10 year term. The market analysis also observed that these types of spaces have a low vacancy rate in Denton. Additionally, most of the similar spaces that were available at the time of the market analysis were considerably smaller than the space currently being leased, as indicated below. Address Sq. Ft. Lease Rate Annual Cost Comments 3537 S. I35E, Denton (Medical City) 2,043 $23.00 $46,989 Same building; smaller space 2501 Scripture St, Denton 4,159 $21.50 $89,419 Larger space than needed; higher annual cost 1410 S. Robinson Road, Corinth 1,000 $20.95 $20,950 65% less space than current 209 Bonnie Brae St, Denton 1,174 $20.75 $25,361 40% less space than current In addition to the market analysis, the City reached out to Serve Denton about the possibility of locating the Clinic within their facility on Loop 288. We were advised that all available space has been earmarked for other agencies, including Health Services of North Texas. RECOMMENDATION Enter into a new three (3) year lease with Epic Development for the City’s Employee Health Center (current location). ESTIMATED SCHEDULE OF PROJECT The lease period will begin November 1, 2019. PRIOR ACTION/REVIEW (Council, Boards, Commissions) In March of 2017, the City Council approved a three (3) year contract, with two (2) one-year options for renewal, with CareHere, LLC, for the operation and management of the Employee Health Center, as a result of RFP #6198. FISCAL INFORMATION Funds for this expenditure are budgeted in the Health Insurance Fund, 850500.7922. EXHIBITS Exhibit 1: Agenda Information Sheet (.pdf) Exhibit 2: Market Analysis Exhibit 3: Ordinance and Lease Documents Respectfully submitted: Scott Payne, 940-349-7836 Risk Manager The information contained herein is of a confidential nature and is intended for the exclusive use of the persons or firm to whom it is furnished by us. Reproduction, publication, or dissemination of portions hereof may not be made without prior approval of Duff & Phelps, LLC. Market Rent Study Of the Denton Medical Office Building II 3537 S Interstate 35 E, Suite 317 Denton, Texas 76210 As of March 1st, 2019 Prepared For Scott Payne City of Denton Prepared by Duff & Phelps, LLC Real Estate Valuation Services 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX April 8, 2019 Mr. Scott Payne Risk Manager City of Denton – Risk Management Department 601 E Hickory Street, Ste. 8 Denton, Texas 76205 Re: Rent Study – Medical Office Building Dear Mr. Payne: In accordance with your request, we are pleased to submit this market rent study with our findings of the market rent for the property, as described, located at 3537 S. I35E, Suite 317, Denton, TX 76210 in a restricted appraisal report format. The effective date of valuation is March 1, 2019. The purpose of this appraisal is to estimate the market lease rate for the subject property as of the effective date of value based on the improvements as described to Duff & Phelps, LLC. The subject property, as described to Duff & Phelps, LLC, consists of 2,832 square feet within a 310,959 square foot medical office building. The suite number of the subject property is Suite 317 and related site improvements are situated on a 56.113-acre site. The intended use of this report is to assist in internal decision making for the Client. The intended user of this report is the Client. This report is intended only for the intended use and user, and may not be utilized for any other use or by any other user. Our research has determined that the subject property will be located within a medical campus considered by market participants to be well positioned along the I-35 corridor. Specific amenities of the subject property, such as its large size, build-out for medical office purposes, adequate parking, and proximity to a medical campus are considered to add significantly to its value. These opinions are supported by market data from sources which include national and local brokerage market research and local market broker opinions. Based upon the information and analysis contained in the following report, it is our opinion that, as of March 1, 2019, a market rental rate range for the subject property is: $22.50 to $23.50 per square foot per year on a full service basis for an initial term of 5 to 10 years with 2% to 3% per year escalations Note: a rental rate premium ranging from 5% to 15% would be anticipated for shorter term, 1 to 2 year leases. This restricted appraisal has been developed based on our understanding of the requirements set forth in the currently effective 2018-2019 edition of the Uniform Standards of Professional Appraisal Practice (“USPAP”) for an appraisal report, as adopted by the Appraisal Standards Board of the Appraisal Foundation. It is also our understanding that the appraisal meets the standards set forth by the Appraisal Institute. We are not responsible for any unauthorized use of this report. 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX HYPOTHETICAL CONDITIONS There are no hypothetical condition of this report as of the March 1, 2019 effective date of appraisal and as of the April 8, 2019 date of this report. EXTRAORDINARY ASSUMPTION There are no extraordinary assumptions used within this market rent study. Please note that the use of an extraordinary assumption and/or a hypothetical condition may materially impact the value conclusions presented within an appraisal. A description of the property appraised and explanations of the appraisal procedures used are presented in the following report. Respectfully submitted, Duff & Phelps 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 4 of 48 TABLE OF CONTENTS PROPERTY SUMMARY ....................................................................................................................................................... 15 REGIONAL MEDICAL MARKET OVERVIEW ................................................................................................................ 16 SUBJECT’S COMPETITIVE POSITION ............................................................................................................................. 21 MARKET FINDINGS .......................................................................................................................................................... 42 ADDENDA ...................................................................................................................................................................... 43 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 5 of 48 PHOTOGRAPHS OF THE SUBJECT PROPERTY 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 6 of 48 CERTIFICATION We certify that, to the best of our knowledge and belief:  The statements of fact contained in this report are true and correct.  The reported analyses, opinions and conclusions are limited only by the reported assumptions and limiting conditions and is our personal, unbiased professional analyses, opinions and conclusions.  We have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. We have no bias with respect to the property that is the subject of this report or to the parties involved.  Our engagement in this assignment was not contingent upon developing or reporting predetermined results.  Our compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal.  Our analyses, opinions, and conclusions were developed and this report has been prepared in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP).  Benjamin D. Laird, MAI, AI-GRS, a Director with Duff & Phelps, conducted a site inspection of the subject property.  Blair J. Brown provided significant real property appraisal assistance to the persons signing this certification. Blair J. Brown’s contribution included preparing the valuation analysis, researching comparable data, and researching the factual information on the subject property.  The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics & Standards of Professional Appraisal Practice of the Appraisal Institute, which include the Uniform Standards of Professional Appraisal Practice.  The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives.  We have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment.  As of the date of this report, Benjamin D. Laird, MAI, AI-GRS, has completed the continuing education program for Designated Members of the Appraisal Institute. Benjamin D. Laird, MAI, AI-GRS Director, Duff & Phelps, LLC Texas State Certified General Real Estate Appraiser License # TX 1327532 Expiration: 10/31/2020 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 7 of 48 GENERAL ASSUMPTIONS AND LIMITING CONDITIONS This appraisal report is subject to the following general assumptions and limiting conditions: 1. No investigation has been made of, and no responsibility is assumed for, the legal description or for legal matters including title or encumbrances. Title to the property is assumed to be good and marketable unless otherwise stated. The property is further assumed to be free and clear of liens, easements, encroachments and other encumbrances unless otherwise stated, and all improvements are assum ed to lie within property boundaries. 2. Information furnished by others, upon which all or portions of this report are based, is believed to be reliable, but has not been verified in all cases. No warranty is given as to the accuracy of such informatio n. 3. It is assumed that all required licenses, certificates of occupancy, consents, or other legislative or administrative authority from any local, state, or national government or private entity or organization have been, or can readily be obtained, or renewed for any use on which the value estimates provided in this report are based. 4. Full compliance with all applicable federal, state and local zoning, use, occupancy, environmental, and similar laws and regulations is assumed, unless otherwise stated. 5. No responsibility is taken for changes in market conditions and no obligation is assumed to revise this report to reflect events or conditions, which occur subsequent to the appraisal date hereof. 6. Responsible ownership and competent property management are assumed. 7. The allocation, if any, in this report of the total valuation among components of the property applies only to the program of utilization stated in this report. The separate values for any components may not be applicable for any other purpose and must not be used in conjunction with any other appraisal. 8. Areas and dimensions of the property were obtained from sources believed to be reliable. Maps or sketches, if included in this report, are only to assist the reader i n visualizing the property and no responsibility is assumed for their accuracy. No independent surveys were conducted. 9. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures that affect value. No responsibility is assumed for such conditions or for arranging for engineering studies that may be required to discover them. 10. No soil analysis or geological studies were ordered or made in conjunction with this report, nor was an investigation made of any water, oil, gas, coal, or other subsurface mineral and use rights or conditions. 11. Neither Duff & Phelps, LLC nor any individuals signing or associated with this report shall be required by reason of this report to give further consultation, to provide tes timony or appear in court or other legal proceedings, unless specific arrangements thereto for have been made. 12. This appraisal has been made in conformance with, and is subject to, the requirements of the Code of Professional Ethics and Standards of Professional Conduct of the Appraisal Institute and the Uniform Standards of Professional Appraisal Practice. 13. We have not been engaged nor are we qualified to detect the existence of hazardous material, which may or may not be present on or near the property. The presence of potentially hazardous substances such as asbestos, urea- formaldehyde foam insulation, industrial wastes, etc. may affect the value of the property. The value estimate herein is predicated on the assumption that there is no such material on, in, or near the property that would cause a loss in value. No responsibility is assumed for any such conditions or for any expertise or engineering knowledge required to discover them. The client should retain an expert in this field if further information is desired. 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 8 of 48 14. The date of value to which the conclusions and opinions expressed in this report apply is set forth in the opinion letter at the front of this report. Our value opinion is based on the purchasing power of the United States' dollar as of this date. 15. The Americans with Disabilities Act (“ADA”) became effective January 26, 1992. We have not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property along with a detailed study of ADA requirements could reveal that the property is not in compliance with the act. If so, this would have a negative effect on the property value. We were not furnished with any compliance surveys or any other documents pertaining to this issue and therefore did not consider compliance or noncompliance with the ADA requirements when estimating the value of the property. 16. In accordance with our agreement, this report is limited to the value of the subject property. One or more additional issues may exist that could affect the Federal tax treatment of the subject property with respect to which we have prepared this report. This report does not c onsider or provide a conclusion with respect to any of those issues. With respect to any significant Federal tax issue outside the scope of this report, this report was not written, and cannot be used, by anyone for the purpose of avoiding Federal tax penalties. 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 9 of 48 EXTRAORDINARY ASSUMPTIONS AND HYPOTHETICAL CONDITIONS When a value opinion is subject to an extraordinary assumption or hypothetical condition, the appraiser must state that condition so that its effect on the value opinion or conclusion is clear. An extraordinary assumption is an assumption that is directly related to a specific assignment, which if found to be false, could alter the appraiser's opinions or conclusions . Extraordinary assumptions presume as fact otherwise uncertain informa tion about physical, legal, or economic characteristics of the subject property; or about conditions external to the property such as market conditions or trends; or about the integrity of data used in an analysis. An extraordinary assumption may be used in an assignment only if: • It is required to properly develop credible opinions and conclusions; • The appraiser has a reasonable basis for the extraordinary assumption; • Use of the extraordinary assumption results in a credible analysis; and • The appraiser complies with the disclosure requirements set forth in USPAP for extraordinary assumptions. Hypothetical conditions assume conditions contrary to known facts about physical, legal, or economic characteristics of the subject property; or about conditions external to the property, such as market conditions or trends; or about the integrity of data used in an analysis. A hypothetical condition may be used in an assignment only if: • Use of the hypothetical condition is clearly required for legal purposes, for purposes of reasonable analysis, or for purposes of comparison; • Use of the hypothetical condition results in a credible analysis; and • The appraiser complies with the disclosure requirements set forth in USPAP for hypothetical conditions. This appraisal report is subject to the following hypothetical conditions and extraordinary assumptions: • There are no hypothetical conditions for this appraisal. Extraordinary Assumptions: • There are no extraordinary assumptions used within this market rent study. Please note that the use of an extraordinary assumption and/or a hypothetical condition may materially impact the value conclusions presented within an appraisal. 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 10 of 48 SUMMARY OF SALIENT FACTS AND CONCLUSIONS Property Name: Denton Medical Office Building II Property Address: 3537 S Interstate 35 E Property Description: The subject property is a medical office suite located in Suite 317 of a 3-story medical office facility consisting of 310,959 square feet of net rentable area situated on 56.113 acres of land. The subject property is specifically 2,832 rentable square feet of space. This institutional quality building is constructed of a concrete frame on a concrete slab. The building is fully sprinklered, contains smoke detectors, and was built in 1989. The subject property is located on the east side of Interstate 35 near Medical City Denton; approximately 3.63 miles southeast of downtown Denton. The subject’s neighborhood is composed primarily of office, retail, single-family and multi-family residential, and mixed use buildings. Currently, the building in which the subject property is located is 93.7% occupied. Effective Date of Value: March 1, 2019 Date of Inspection: March 1, 2019 Intended Use: The intended use is to provide valuation services to estimate the ‘as is’ market value for financial and reporting purposes Intended User(s): City of Denton and any other related parties that the City of Denton gives approval to view or use this report Site Information Tax Identification: R563626 Legal Description: Denton Regional Medical Center BLK 1 (PT) LOT IR- R1R Land Use & Zoning: Hospital; Regional Center Commercial Downtown (RCC- D) Owner of Record: Epic Development Land Area: 2,444,282 square feet; 56.113 acres FEMA Flood Zone Map Panel # Map Date X 48121C0360G April 18, 2011 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 11 of 48 Topography: Level Shape: Frontage: Access: Visibility: Irregular Highway Access Good Good Parking Type Number of Parking Spaces Parking Ratio Surface Parking 250 2.32 per 1,000 square feet of net rentable area 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 12 of 48 Improvements Information Property Type: Office Property Sub-Type Medical Office Year Built 1989 Building Class Class B Building Size: Subject Property Suite Size Gross Building Area (“GBA”) Net Rentable Area (“NRA”) 2,832 square feet of medical office space 310,959 square feet of overall building space 303,485 square feet of overall building space Highest and Best Use as Vacant: To build-out medical office space as a part of a greater medical office building Highest and Best Use as Improved: As currently improved as a medical office suite space within a larger medical office building. VALUE INDICATIONS Indicated Market Rent: $22.50 to $23.50 per square foot per year on a full service basis, for an initial term of 5 to 10 years, with 2% to 3% per year escalations. Note: a rental rate premium ranging from 5% to 15% would be anticipated for shorter term, 1 to 2 year leases. 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 13 of 48 MARKET STUDY PURPOSE Our engagement is to provide our services associated with completing a market rent study to determine an appropriate market rental range for the medical office facility that is located along Interstate 35 E, in Denton, Texas as of the effective date of value. This analysis will be used in the assistance of internal decision making for the client. REPORT FORMAT This market rent study is presented in a Restricted Appraisal Report format, which contains a summa ry of the data, reasoning, and analyses used to arrive at the value conclusion. As such, most sections typically included within an appraisal report have been omitted and/or abbreviated. The reader is fore-warned, the opinion and conclusion set out in the report has the potential to be misinterpreted and/or misunderstood absent the knowledge of the information and notes retained in the appraiser’s work file. DEFINITION OF VALUE APPRAISED The premise of value to be used in this report will be Market Value, which is defined as: “The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specific date and the passing of title from seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated; 2. Both parties are well informed or well advised, and each acting in what they consider their own best interests; 3. A reasonable time is allowed for exposure in the open market; 4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and 5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.” 1 HYPOTHETICAL CONDITIONS & EXTRAORDINARY ASSUMPTIONS There are no extraordinary assumption or hypothetical conditions as of the date of this appraisal. HIGHEST AND BEST USE Highest and Best use is defined by the Fifth Edition of The Dictionary of Real Estate Appraisal, a publication of the Appraisal Institute, as: "The reasonably probable and legal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value. The four criteria the highest 1 "12 C.F.R. Part 34.42(g); 55 Federal Register 34696, August 24, 1990, as amended at 57 Federal Register 12202, April 9, 1992; 59 Federal Register 29499, June 7, 1994." 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 14 of 48 and best use must meet are physical possibility, legal permissibility, financial feasibility, and maximum productivity." The highest and best use of the property as if vacant is the development of a medical office suite as demand dictates. The highest and best use of the property as if improved is as a medical office suite within a medical office facility. SCOPE & METHODOLOGY This valuation is performed to provide an independent and professional opinion of the reasonable market rental rate range for the 2,832 square foot medical office suite located at 3537 South I-35 E Denton, Texas 76210. This valuation opinion is fully documented by a work file created for retention/review and compliancy with USPAP. The valuation report is prepared for Management’s use in conjunction with their need to determine loan amortization and debt service covenant with their bank. The analysis is prepared solely for the purpose stated, and should not be used for any other purpose. A physical inspection of the property was completed on March 1, 2019. Our valuation methodology considered the three approaches to value as deemed applicable: the cost, the sales comparison or market, and income capitalization. For purposes of this valuation, only the market approach is utilized. We have searched professional industry sources which included national and local medical office brokerages and have interviewed local brokers familiar with the subject’s area and market. The results of these searches were then compiled and analysis was performed and presented within this report. REPORT ORGANIZATION This report is presented with a summarizing letter of transmittal, then a summary of the subject property. Following the summary, the body of the report consists of the report’s introduction, information on the subject propert y, information on the subject’s market, its position within the market, and finally, our findings. 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 15 of 48 PROPERTY SUMMARY PROPERTY SUMMARY The subject property is a medical office building. The subject property is Suite 317 at 3537 S Interstate 35-E and consists of 2,832 rentable square feet. The overall medical office building consists of a 310,959 square feet. The property is situated on a 56.113-acre site. PROPOSED USE & ZONING The property is zoned Regional Center Commercial Downtown (RCC-D). PROPERTY AVAILABILITY The subject property is currently in operation and is considered fully available. For purposes of this report, the valuation is assumed as of current market conditions. PROPERTY & PRICING IN IMMEDIATE MARKET We have used client data and the Google Earth software platform to confirm the existing structure. The most recent amendment to the lease at Suite 317 was made on February 16, 2018. The annual base rental rate at the time of the amendment was $23.00 per square foot per year on a full service basis. 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 16 of 48 REGIONAL MEDICAL MARKET OVERVIEW REGIONAL MARKET TRENDS The Denton Market The subject property is located within Denton, Texas, and as such, is subject to market conditions affecting this region. The Denton area consists mainly of Denton County, Texas in the northwestern corner of the Greater Dallas / Ft. Worth Area. As the home of the University of North Texas and Texas Woman’s University, Denton is not usually thought of in terms of its office market. The universities and the rapidly growing distribution and manufacturing sectors have the biggest impact on local employment. However, as the path of demographic growth in Dallas -Fort Worth continues northward, Denton could emerge as an office employment center in the coming decades. Leasing Denton does not have much of a corporate tenant base. Other than headquarters for Sally Beauty Holdings (203,000 SF) and Peterbilt Motors (176,000 SF), the majority of office users in the submarket are local businesses, government tenants, or education/health services firms. Tenant movement is rare, and most move -ins over the past few years have involved healthcare or personal services companies taking less than 10,000 SF. The potential here is twofold: The path of growth in D-FW continues to move northward, making it likely that developments like those for Charles Schwab and TD Ameritrade along Highway 114 could eventually make their way to Denton. Furthermore, given the presence of UNT and TWU, Denton has an above-average number of residents with bachelor’s degrees or higher relative to the metro average. As it becomes more difficult for companies to find and attract highly educated workers, it's possible that some companies could choose to relocate to Denton to tap into its robust labor pool. Rent Because of its primarily sub-institutional-grade inventory, rents in Denton, at about $23.50/SF gross, are below the metro average. Furthermore, the range of rents in the submarket is very small; they usually top out at about $27/SF gross, as seen in some medical office buildings, but most other larger contiguous blocks rent for around $20/SF. Rent growth has underperformed the metro average this cycle, and rents are less than 15% above the submarket’s prerecession peak. While Denton is not a dynamic office submarket from a demand perspective, sustained low vacancies could allow landlords to push rents at a slightly faster pace over the next few years. Construction: Considering its size and relatively large population, the Denton Submarket contains a small amount of office space. Most of the existing stock consists of smaller properties catering to local businesses, and the average building size is about 10,000 SF. Only a handful of assets are under construction, most of which are medical office properties. In terms of the proposed pipeline, the most notable area for potential growth is in or near the Rayzor Ranch mixed -use development. Located along I-35 northwest of the University of North Texas, the project is adding multifamily, single -family, and retail 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 17 of 48 components over the next few years. Most of the proposed buildings near Rayzor Ranch are medical offices, owing to the project’s location adjacent to Texas Health Presbyterian Hospital Denton. Sales Denton usually generates steady investment activity, with turnover typically ranging from 3%–6% annually. As with other low-inventory suburban-exurban submarkets in D-FW, most deals involve small buildings changing hands between local investors or owner/users. One of the largest multi-tenant office buildings in the submarket sold in 2017. The 72,000-SF former Wells Fargo building at 101 South Locust St. changed hands in May for approximately $4 million ($55/SF). The nine-story asset, which was built in the 1960s, was picked up by local developer/owner Jack Bell Properties as a value -add play. The office portion of that building is still largely vacant, but the fourth and fifth floors of the tower were co nverted to apartments in 2018. Several market reports show the Denton, Texas office market to be trending positively with forecasts for continued growth. Key metrics for the Denton, Texas Office Submarket are as follows: 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 18 of 48 VACANCY & ABSORPTION SUBMARKETS OVERVIEW Fundamentals in Denton are strong, and the submarket boasts one of the lowest vacancy rates in the metroplex. Supply additions have been sporadic this cycle, and there are only a handful of smaller projects in the pipeline. After a slow early recovery, rent growth picked up mid-cycle. However, rents have shown sluggishness in recent quarters. Sales activity usually amounts to roughly 5% inventory turnover in any given year, and most properties that change hands are smaller than 10,000 SF. 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 19 of 48 We have researched the office and medical office statistics within a 15-mile Radius, a 3-mile Radius, and a 1-mile Radius. The results of our research are summarized as follows. Denton Medical Office Submarket: This market generally shows a number of buildings under construction with net ab sorption near at the highest level it has been in the last three years. Denton Office Submarket: This market has shown a recent decline in the amount of net absorption, compared to the medical properties seeing a recent increase. Fifteen-Mile Radius Medical Office Market: As our research is widened geographically to an area larger than the original search parameters, we now focus on an area with a 15-mile radius around the subject property. The most positive indications and trends are found here. with generally lower vacancies and the highest rental rates. For medical office space, vacancy remains around 15%, growing approximately 2% over the past three years. 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 20 of 48 Three-Mile Radius Medical Office Market: Within a three mile radius of the subject property, vacancy rates drop to closer to 13%. We see fewer buildings under construction this close to the subject property. There are 70 medical office properties within this three mile area. One-Mile Radius Medical Office Market: At the distance of one mile from the subject property, vacancy rates jump to 13.50% and overall building inventory drops to just above 40. The average overall rental rate for all-service deal structures reaches its highest level at $27.68 PSF, but still does not break past $30 PSF. 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 21 of 48 SUBJECT’S COMPETITIVE POSITION COMPETITIVE PROPERTIES As part of our analysis, research was performed for competitive properties to the subject property. Due to the limited availability of information on truly comparable properties within the city of Denton that have had relatively recent leasing activity, or comparable properties within the city of Denton that have vacant space available for lease, our search included facilities within the city of Denton along with facilities situated in nearby communities and situated on medical campuses. While the comparables located outside the city of Denton are not considered an alternative for the client (as based on our understanding any alternative must be located within the city of Denton), the comparables located outside of the city of Denton do provide appropriate indicators as to what a reasonable market rental rate should be at the subject. As such, when determining the appropriate competitive set for the subject, we researched medical office properties that are located near the I-35 E corridor, or similar primary corridor. It is understood that the subject suite contains 2,832 square feet of medical office space, which is reported to be appropriate for existing and foreseen needs. Our analysis reveal rent comparables ranging from 1,000 square feet to 4,159 square feet. While the comparable rental suites range in size, the comparables are not intended to be immediate alternatives for the subject, but rather market indicators as to what an appropriate rental rate is for the subject. Where applicable, size variation has been taken into considered in estimating an appropriate current rental rate for the subject. Any potential immediate alternative would require typical lessor/lessee negotiations associated with size requirements. The primary competitive properties are as follows: • 3537 S Interstate 35 E, Denton: 310,959 SF medical office building constructed in 1989; asking $23.00/SF/YR/FS for 2,043 SF • 2501 Scripture Street, Denton: 27,810 SF medical office building constructed in 1997; asking $21.50/SF/YR/FS for 4,159 SF • 1410 S Robinson Road, Corinth: 6,000 SF medical office building constructed in 2012; asking $20.95/SF/YR/FS for 1,000 SF • 209 N Bonnie Brae Street, Denton: 37,599 SF medical office building constructed in 1999; asking $20.75/SF/YR/FS for 1,174 SF The subject property is located directly next door to the Medical City Denton. While Medical City Denton and other similar properties are not listed as a competitive property, it should be noted that similar services and spaces can be provided at these locations. We believe that the subject property’s close proximity to the hospital brings more business to our property and serves more as a catalyst for growth than as a competitor. This common theme is a reason that full - service rates are seen to increase with proximity to major medical campuses. We have taken into account when analyzing the market. MEDICAL OFFICE DEVELOPMENT TRENDS In our research (from 2Q 2016 to 4Q 2018) there have been four recent deliveries of medical office space within a 15- mile radius and no new deliverables within the Denton office submarket. There are currently 18 medical office 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 22 of 48 properties under construction within a fifteen mile radius of the subject property. This development and overall positive absorption of medical office space in the area represents strong fundamentals for demand. 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 23 of 48 RENT COMPARABLES Rent Comparable 1 Property Description: Medical Office Space Location/Address: 2501 Scripture Street, Denton, TX 76201 County: Denton Market: Dallas / Ft. Worth Submarket: Denton Improvement Data Site Data Size: 27,810 SF Land Size: 1.73 AC Year Built: 1997 Frontage: Corner Access: Two Points Shape: Rectangular Parking Ratio: 2.16 per 1,000 SF Topography: Level Zoning: Commercial / Medical Condition: Good Construction: Medical Build-Out Amenities: The amenities are reflective of a high quality medical office space Recent Lease(s) Term: 10 Year Lessee: Dr. Noble Date Signed: April 2018 Lessor: Texas Health Resources Size Leased: 4,159 SF Rent Type: FS Annual Rental Rate: $21.50 Data Sources: CoStar, Google Earth Pro 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 24 of 48 Aerial 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 25 of 48 Rent Comparable 2 Property Description: Medical Office Space Location/Address: 751 Hebron Parkway, Lewisville, TX 75057 County: Denton Market: Dallas / Ft. Worth Submarket: Denton Improvement Data Site Data Size: 143,524 SF Land Size: 0.44 AC Year Built: 1997 /2013 Frontage: Corner Access: Two Points Shape: Rectangular Parking Ratio: 5.7 per 1,000 SF Topography: Level Zoning: Commercial / Medical Condition: Good Construction: Medical Build-Out Amenities: The amenities are reflective of a high quality medical office space Recent Lease(s) Term: 1 Year Lessee: Undisclosed Date Signed: August 2018 Lessor: Felder Property Group Size Leased: 1,132 SF Rent Type: FS Annual Rental Rate: $25.00 Data Sources: CoStar, Google Earth Pro 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 26 of 48 Aerial 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 27 of 48 Rent Comparable 3 Property Description: Medical Office Space Location/Address: 3537 S. Interstate 35 E, Denton, TX 76210 County: Denton Market: Dallas / Ft. Worth Submarket: Denton Improvement Data Site Data Size: 2,832 SF Land Size: 56.113AC Year Built: 1989 Frontage: Interstate Highway Access: Two Points Shape: Rectangular Parking Ratio: 2.32 per 1,000 SF Topography: Level Zoning: Commercial / Medical Condition: Good Construction: Medical Build-Out Amenities: The amenities are reflective of a high quality medical office space Recent Lease(s) Term: 10 Year Lessee: Undisclosed Date Signed: March 2018 Lessor: Epic Development Size Leased: 2,043 SF Rent Type: FS Annual Rental Rate: $23.00 Data Sources: CoStar, Google Earth Pro 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 28 of 48 Aerial 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 29 of 48 Rent Comparable 4 Property Description: Medical Office Space Location/Address: 1410 Robinson Road, Corinth, TX 76210 County: Denton Market: Dallas / Ft. Worth Submarket: Denton Improvement Data Site Data Size: 6,000 SF Land Size: 0.65 AC Year Built: 2012 Frontage: Interior Arterial Access: Single Point Shape: Rectangular Parking Ratio: 2.16 per 1,000 SF Topography: Level Zoning: Commercial / Medical Condition: Good Construction: Medical Build-Out Amenities: The amenities are reflective of a high quality medical office space Recent Lease(s) Term: 1 year Lessee: Greer & Associates Family Svcs. Date Signed: April 2017 Lessor: Kaza Denton Investments, Ltd. Size Leased: 1,000 SF Rent Type: FS Annual Rental Rate: $20.95 Data Sources: CoStar, Google Earth Pro 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 30 of 48 Aerial 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 31 of 48 Rent Comparable 5 Property Description: Medical Office Space Location/Address: 7713 San Jacinto Place, Plano, TX 75024 County: Denton Market: Dallas / Ft. Worth Submarket: Denton Improvement Data Site Data Size: 7,440 SF Land Size: 5.57 AC Year Built: 2010 Frontage: Interior / Local Highway Access: Two Points Shape: Irregular Parking Ratio: 1.21 per 1,000 SF Topography: Level Zoning: Commercial / Medical Condition: Good Construction: Medical Build-Out Amenities: The amenities are reflective of a high quality medical office space Recent Lease(s) Term: 10 Year Lessee: Undisclosed Date Signed: March 2017 Lessor: Texas Health Resources Size Leased: 2,600 SF Rent Type: FS Annual Rental Rate: $23.00 Data Sources: CoStar, Google Earth Pro 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 32 of 48 Aerial 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 33 of 48 Rent Comparable 6 Property Description: Medical Office Space Location/Address: 209 N Bonnie Brae Street, Denton, TX 76201 County: Denton Market: Dallas / Ft. Worth Submarket: Denton Improvement Data Site Data Size: 37,599 SF Land Size: 10.74 AC Year Built: 1999 Frontage: Interior Access: Multiple Locations Shape: Rectangular Parking Ratio: 3.8 per 1,000 SF Topography: Level Zoning: Commercial / Medical Condition: Good Construction: Medical Build-Out Amenities: The amenities are reflective of a high quality medical office space Recent Lease(s) Term: 1 Year Lessee: Pediatric Endocrinology of N. TX Date Signed: June 2016 Lessor: Texas Health Resources Size Leased: 1,174 SF Rent Type: FS Annual Rental Rate: $20.75 Data Sources: CoStar, Google Earth Pro 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 34 of 48 Aerial 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 35 of 48 RENT COMPARABLES MAP 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 36 of 48 RENT COMPARABLES SUMMARY Comp.Name/Location Lease Date Year Built Building SF Leased SF Site SF Use Rent/SF Type Term 1 2501 Scripture Street, Denton, TX 76201 Aug-18 1997 27,810 4,159 75,359 MOB $21.50 FS 10 yr 2 751 Hebron Parkway, Lewisville, Texas 75057 Aug-18 1997/2013 40,686 1,132 19,166 MOB $25.00 FS 1 yr 3 3537 S Interstate 35, Denton, TX 76210 Mar-18 1989 310,959 2,043 2,444,282 MOB $23.00 FS 10 yr 4 1410 S Robinson Road, Corinth, Texas 76210 Apr-17 2012 6,000 1,000 28,314 MOB $20.95 FS 1 yr 5 7713 San Jacinto Place, Plano, Texas 75024 Mar-17 2010 7,440 2,600 242,629 MOB $23.00 FS N/Av 6 209 N Bonnie Brae Street, Denton, TX 76201 Jun-16 1999 37,599 1,174 467,834 MOB $20.75 FS 1 yr Comp.Name/Location Lease Date Year Built Building SF Leased SF Site SF Use Rent/SF Type Term Subject 3537 S. I35E, Suite 317, Denton, TX 76210 Feb-18 1989 310,959 2,832 2,444,282 MOB $23.00 FS N/Av Rent Comparable Summary 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 37 of 48 RENT COMPARABLES ADJUSTMENT GRID Adjustments to the comparables for lease conditions, market conditions, location attributes and physical characteristics, have been identified in the above table. Upon taking into consideration the aforementioned characteristics, the comparables reveal an adjusted market rent range of $21.79 to $25.00 per square foot per year on a full service basis. RENT COMPARABLE SUMMARY The adjusted rent comparables have a central tenancy in the $22.50 to $23.50 annually, per square foot full-service range. The comparables considered most similar to the subject in size are comps one (adjusted to $22.58 per square foot per year (“PSF/YR”)), and three ($23.00 PSF/YR). The adjusted rate of the comparables that leased space closest to the subject’s size are comps three ($23.00 PSF/YR), and four ($21.79 PSF/YR). The comparable most proximal to the subject is comparable three, which is located in the same medical office building as the subject suite. For comparison, details of the subject suite’s most recent lease is shown below. In addition to the comparable leases included in this analysis, there is a medical office building located at 2900 Interstate 35, in Denton, TX, that is considered a comparable to the subject. However, it was not included in this analysis as the asking rental rate and expenses for existing vacant space could not be confirmed, nor was information on recently executed leases available. This property is located on a medical campus, adjacent to Texas Health Presbyterian Hospital, Denton. This building is reported to have two vacant suites containing 2,169 square feet and 2,187 square feet, respectively. The literature indicates an asking rental rate of $21.00 per square foot of building area per year on a NNN basis (tenant pays for all expenses), for a typical five year lease term. While the expenses could not be confirmed, they are estimated to be Rent Comp Rent Lease Conditions Market Conditions Net Market Adjustments Location Size Space Leased Age/ Condition On Medical Campus Net Location & Physical Adjust. Overall Adjustment Adjusted Rent 1 $21.50 0%0%0%0%5%0%0%5%5%$22.58 2 $25.00 0%0%0%0%-5%-5%10%0%0%$25.00 3 $23.00 0%0%0%0%0%0%0%0%0%$23.00 4 $20.95 0%4%4%0%-5%-5%10%0%4%$21.79 5 $23.00 0%4%4%0%0%-5%0%-5%-1%$22.77 6 $20.75 0%10%10%0%-5%0%0%-5%5%$21.79 Rent Comparable Adjustment Grid 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 38 of 48 near $9.00 per square foot per year. In order to compare this to the subject’s and the majority of the market’s rental rates, which are based on full service leases (landlord pays for all expenses), the estimated expenses of $9.00 per square foot per year must be added to the NNN asking rental rate of $21.00 per square foot per year, resulting in a full service equivalent asking rental rate of $30.00 per square foot per year. This is the estimated asking rental rate for the aforementioned space on a full service basis, from which, a downward adjustment would be warranted due to typical lessor/lessee negotiations. The two suites in this building are slightly smaller than the subject, but not to the extent an adjustment would be warranted; however, this property is considered to have a slightly superior location compared to the subject. Further, this facility was constructed in 2005, which is superior in age compared to the subject. Based upon the characteristics of the medical office building located at 2900 Interstate 35, in Denton, along with its estimated full service equivalent asking rental rate of $30.00 per square foot per year, based upon a typical five year lease term, this comparable indicates a reasonable rental rate for the subject unit near $25.00 per square foot per year, on a full service basis, based on a typical five year lease term. Agai n, this lease comparable was not incorporated in our primary analysis as the asking rental rate and expenses for existing vacant space could not be confirmed, nor was information on recently executed leases available . 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 39 of 48 HIGHEST AND BEST USE The theory of highest and best use is fundamental to the concept of value. Highest and best use analysis identifies the most profitable, competitive use to which the property can be put. The highest and best use of a property is based on the competitive forces within the market and submarket and provides the foundation for a detailed investigation of the competitive position of the subject property in the minds of market participants. Highest and best use may be defined as: “The reasonably probable and legal use of vacant land or an improved property that is physically possible, appropriately supported, and financially feasible and that results in the highest value.” 2 The four criteria the highest and best use must meet are 1) legally permissible, 2) physically possible, 3) financially feasible and 4) maximally productive. In arriving at the estimate of highest and best use, the subject was analyzed as vacant and as improved as of the date of value. In each of the previous sections of the report including the Market Analysis, Site Description, Improvement Description, Real Estate Taxes and Zoning we have identified f actors that influence value. These factors shape our conclusions for the Highest and Best Use as Vacant and As Improved. Highest and Best Use as Vacant Legally Permissible The site is located within the City of Denton and is zoned RCC-D; Regional Center Commercial Downtown, which permits various commercial uses including a medical office building. Physically Possible The size, shape, terrain, location and utility availability impose physical constraints upon the types of uses possible for the site. Any use incompatible with the utility capacity or constraints imposed by the size, shape or terrain would not be considered physically possible. As noted in the Site Description section of the report, the site contains 56.113 usable acres and is rectangular in shape. The site is of sufficient size and shape such that it does not inhibit development potential. Drainage appears to be adequate. Soil conditions are assumed to be of sufficient load bearing capacity for most types of development. All typical public utilities and municipal services are available. The site is similar in size to other parcel s in the general area of similar use, and has average frontage, average exposure and average accessibility. The site allows for flexibility in development with respect to both plottage and utility. With respect to the site’s location, the surrounding land uses would indicate some type of commercial development. In conclusion, by virtue of the site’s physical and locational characteristics, each of the legally permissible uses appear t o be physically possible on the site. Financially Feasible/Maximally Productive The final criterion for Highest and Best Use pertains to the potential return on the property subject to its various physically possible and legally permissible uses. A financially feasible use is one which provides a positive return on the land 2 Appraisal Institute, The Dictionary of Real Estate Appraisal, 6th ed. (Chicago: Appraisal Institute, 2015). 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 40 of 48 subsequent to the payment of all costs of development and satisfaction of the investor’s rate of return. The maximally productive use refers to the one which, of all uses that are financially feasible, yields the highest value. In consideratio n of the physical, legal and financial factors discussed, it is our opinion that the maximally productive use of the site is to develop a medical office building as market conditions indicate. Highest and Best Use as Improved In this analysis, the appraisers must estimate whether the existing improvements should be continued in use or whether it is financially feasible to demolish, convert, or add to the existing improvements. Given consideration to the fact that the subject property is improved with a good building that is subject to a long term lease and our general analysis of land values in the area indicate that the market value as improved is significantly higher than the land value. When considering the existing improvements, zoning regulations and neighborhood environs, the subject’s current use as a medical office property is considered the most profitable use. Therefore, it is our opinion that conversion of the property to another use would not be financially feasible. Therefore, the highest and best use of the subject as improved as currently improved with a medical office building. 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 41 of 48 BROKER INTERVIEWS In further efforts trying to ascertain market conditions, we spoke with several brokers within the area that specialize in medical properties within the Dallas / Ft. Worth market. These brokers are all active participants in the local market. Summary The general consensus amongst market participants is that this is an opportune time to lease medical office due to increasing rents and low vacancies. The majority of participant opinions range from $20.00 to $25.00+ per square foot on a full-service basis. Of course, these values are correlated with deal perks such as available tenant improvement dollars, proximity to the CBD or medical campuses, and age of the property. 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 42 of 48 MARKET FINDINGS MARKET ANALYSIS FINDINGS Our research has determined that the subject property is well located within a medical area considered by market participants to be well positioned within a growing market. Specific amenities of the subject property, such as its large size, build-out for medical purposes, adequate parking, and proximity to a medical campus are considered to add significantly to its value. These opinions are supported by market data from sources which include national and local brokerage market research and local market broker opinions. Based upon the information and analysis contained in the following report, it is our opinion that, as of March 1, 2019, the market rent rate of the subject property is: $22.50 to $23.50 per square foot per year on a full service basis for an initial term of 5 to 10 years with 2% to 3% per year escalations Note: a rental rate premium ranging from 5% to 15% would be anticipated for shorter term, 1 to 2 year leases. 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 43 of 48 ADDENDA • ASSUMPTIONS & LIMITING CONDITIONS ASSUMPTIONS AND LIMITING CONDITIONS 1. This restricted appraisal report is defined by the scope of work described within the report and is specific to the needs of the intended user(s) and for the intended use(s) stated herein. 2. This appraisal is for no purpose other than property valuation, and the appraisers are neither qualified nor attempting to go beyond that narrow scope. The reader should be aware that there are also inherent limitations to the accuracy of the information and analysis contained in this appraisal. Before making any decision based on the information and analysis contained in this report, it is critically important to read this entire section to understand these limitations. 3. It is assumed that the utilization of the land and improvements is within the boundaries of the prope rty lines of the property described and that there is no encroachment or trespass unless noted within the report. 4. No survey of the property has been made by the appraiser and no responsibility is assumed in connection with such matters. Any maps, plats, or drawings reproduced and included in this report are intended only for the purpose of showing spatial relationships. The reliability of the information contained on any such map or drawing is assumed by the appraiser and cannot be guaranteed to be correc t. A surveyor should be consulted if there is any concern on boundaries, setbacks, encroachments, or other survey matters. 5. No responsibility is assumed for matters of a legal nature that affect title to the property nor is an opinion of title rendered. The title is assumed to be good and marketable. The value estimate is given without regard to any questions of title boundaries, encumbrances, or encroachments. We are not usually provided an abstract of the property being appraised and, in any event, we neither made a detailed examination of it nor do we give any legal opinion concerning it. 6. It is assumed that there is full compliance with all applicable federal, state, and local environmental regulations and laws unless noncompliance is stated, defined, and considered in the appraisal report. A comprehensive examination of laws and regulations affecting the Subject property was not performed for this appraisal. 7. It is assumed that all applicable zoning and use regulations and restrictions have been compli ed with, unless nonconformity has been stated, defined, and considered in the appraisal report. Information and analysis shown in this report concerning these items is based only on rudimentary investigation. Any significant question should be addressed to local zoning or land use officials and/or an attorney. 8. It is assumed that all required licenses, consents, or other legislative or administrative authority from any local, state, or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. Appropriate government officials and/or an attorney should be consulted if an interested party has any questions or 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 44 of 48 concerns on these items since we have not made a comprehensive examination of laws and regulation affecting the Subject Property. 9. This appraisal should not be considered a report on the physical items that are part of the property. Although the appraisal may contain information about the physic al items being appraised (including their adequacy and/or condition), it should be clearly understood that this information is only to be used as a general guide for property valuation and not as a complete or detailed physical report. The appraisers are not construction, engineering, environmental, or legal experts, and any statement given on these matters in this report should be considered preliminary in nature. 10. The observed condition of the foundation, roof, exterior walls, interior walls, floors, heat ing system, plumbing, insulation, electrical service, and all mechanical and construction is based on a casual inspection only and no detailed inspection was made. For instance, we are not experts on heating systems and no attempt was made to inspect interior of the furnace. The structures were not checked for building code violations, and it is assumed that all buildings meet applicable building codes unless so stated in the report. 11. Some items such as conditions behind walls, above ceilings, behind locke d doors, or under the ground are not exposed to casual view and therefore were not inspected. The existence of insulation, if any is mentioned, was found by conversation with others and/or circumstantial evidence. Since it is not exposed to view, the accuracy of any statements about insulation cannot be guaranteed. 12. It is assumed that there are no hidden or unapparent conditions of the property, sub -soil, or structures that would render it more or less valuable. No responsibility is assumed for such condi tions, or for engineering that may be required to discover such factors. Since no engineering or peculation tests were made, no liability is assumed for soil conditions. Sub-surface rights (mineral and oil) were not considered in making this appraisal. 13. Wells and septic systems, if any, are assumed to be good working condition and of sufficient size and capacity for the stated highest and best use. 14. We are not environmental experts, and we do not have the expertise necessary to determine the existence of environmental hazards such as the presence of urea -formaldehyde foam insulation, toxic waste, asbestos or hazardous building materials, or any other environmental hazards on the subject or surrounding properties. If we know of any problems of this nature w hich we believe would create a significant problem, they are disclosed in this report. Nondisclosure should not be taken as an indication that such a problem does not exist, however. An expert in the field should be consulted if any interested party has questions on environmental factors. 15. No chemical or scientific tests were performed by the appraiser on the Subject Property, and it is assumed that the air, water, ground, and general environment associated with the property present no physical or health hazard of any kind unless otherwise noted in the report. It is further assumed that the lot does not contain any type of dump site and that there are no underground tanks (or any underground source) leaking toxic or hazardous chemicals into the groundwater or the environment unless otherwise noted in the report. 16. The age of any improvements to the Subject property mentioned in this report should be considered a rough estimate. We are not sufficiently skilled in the construction trades to be able to reliably estimate the 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 45 of 48 age of improvements by observation. We therefore rely on circumstantial evidence which may come into our possession (such as dates on architectural plans) or conversations with those who might be somewhat familiar with the history of the property such as property owners, on site personnel, or others. Parties interested in knowing the exact age of improvements on the land should contact us to ascertain the source of our data and then make a decision as to whether they wish to pursue additiona l investigation. 17. Because no detailed inspection was made, and because such knowledge goes beyond the scope of this appraisal, any observed condition or other comments given in this appraisal report should not be taken as a guarantee that a problem does not exist. Specifically, no guarantee is made as to the adequacy or condition of the foundation, roof, exterior walls, interior walls, floors, heating system, air conditioning system, plumbing, electrical service, insulation, or any other detailed construction matters. If any interested party is concerned about the existence, condition, or adequacy of any particular item, we strongly suggest that a construction expert be hired for a detailed investigation. Appraisal is made under conditions of uncertainty with limited data. 18. As can be seen from limitations presented above, this appraisal has been performed with a limited amount of data. Data limitations result from a lack of certain areas of expertise by the appraiser (that go beyond the scope of the ordinary knowledge of the appraiser), the inability of the appraiser to view certain portions of the property, the inherent limitations of relying upon information provided by others, etc. 19. There is also an economic constraint, however. The appraisal budget (and the fee for this appraisal) did not contain unlimited funds for investigation. We have spent our time and effort in the investigative stage of this appraisal in those areas where we think it will do the most good, but inevitably there is significant possibility that we do not possess all information relevant to the Subject Property. 20. Before relying on any statement made in this appraisal report, interested parties should contact us for the exact extent of our data collection on any point which they believe to be important to their decision making. This will enable such interested parties to determine whether they think the extent of our data gathering process was adequate for their needs or whether they would like to pursue additional data gathering for a higher level of certainty. 21. Information (including projections of income and expenses) provided by local sources, such as governmental agencies, financial institutions, accountants, attorneys, and others is assumed to be true, correct, and reliable. No responsibility for the accuracy of such information is assumed by the appraiser. 22. The comparable sales data relied upon in the appraisal are believed to be from reliable sources. Though all the comparables were examined, it was not possible to inspect them all in detail. The value conclusions are subject to the accuracy of said data. 23. Engineering analysis of the Subject property were neither provided for use nor made part of this appraisal contract. Any representation as to the suitability of the property for uses suggested in this analysis is therefore based only on a rudimentary investigation by the appraiser and the value conclusions are subject to said limitations. 24. All values shown in the appraisal report are projections based on our analysis as of the date of the appraisal. These values may not be valid in other time periods or as conditions change. We take no responsibility for events, conditions, or circumstances affecting the property's market value that take place 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 46 of 48 subsequent to either the date of value contained in this report or the date of our field inspection, whichever occurs first. 25. Since projected mathematical models and other projections are based on estimates and assumptions which are inherently subject to uncertainty and variation depending upon evolving events, we do not represent them as results that actually be achieved. 26. This appraisal is an estimate of value based on an analysis of information known to us at the time the appraisal was made. We do not assume any responsibility for incorrect analysis because of incorrect or incomplete information. If new information of significance comes to light, the value given in this report is subject to change without notice. 27. Opinions and estimates expressed herein represent our best judgment but should not be construed as advice or recommendation to act. Any actions taken by you, the client, or any others should be based on your own judgment, and the decision process should consider many factors other than just the value estimate and information given in this report. 28. Appraisal reports are technical documents addressed to the specific technical needs of clients. Casual readers should understand that this report does not contain all of the information we have concerning the Subject property of the real estate market. While no factors we believe to be significant but unknown to the client have been knowingly withheld, it is always possible that we have information of significance which may be important to others but which, with our limited acquaintance of the property and our limited expertise, does not seem to be important to us. 29. Appraisal reports made for lenders are technical documents specifically made to lender requirements. Casual readers are cautioned about their limitations and cautioned against possible misinterpretation of the information contained in these reports. 30. The appraiser should be contacted with any questions before report is relied on for decision making. 31. This appraisal was prepared at the request of and for the exclusive use of the cl ient to whom the appraisal is addressed. No third party shall have any right to use or rely upon this appraisal for any purpose. 32. There are no requirements, by reason of this appraisal, to give testimony or appear in court or any pretrial conference or appearance required by subpoena with reference to the property in question, unless sufficient notice is given to allow adequate preparation and additional fees are paid by the client at our regular rates for such appearances and the preparation necessitated t hereby. 33. This report is made for the information and/or guidance of the client and possession of this report or a copy thereof, does not carry with it a right of publication. Neither all nor any part of the contents of this report shall be conveyed to the public through advertising, public relations, news, sales, or other media without the written consent and approval of the appraiser. Nor shall the appraiser, firm, or professional organization of which the appraiser is a member be identified without the w ritten consent of the appraiser. 34. It is suggested that those who possess this appraisal report should not give copies to others. Certainly legal advice should be obtained on potential liability issues before this is done. Anyone who gives out an incomplete or altered copy of this appraisal report (including all attachments) does so at their own risk and 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 47 of 48 assumes complete liability for harm caused by reliance upon an incomplete or altered copy. Neither the appraiser nor this company assumes any liability for harm caused by reliance upon an incomplete or altered copy of the appraisal report given out by others. Anyone with a question on whether their copy of an appraisal report is incomplete or altered should contact our office. 35. Values and conclusions for various components of the subject parcel as contained within this report are valid only when making a summation; they are not to be used independently for any purpose and must be considered invalid if so used. The allocation of the total value in this repor t between land and improvements applies only under the reported highest and best use of the property. The separate valuations for land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. 3537 S. INTERSTATE 35 E , SUITE 317, DENTON, TX Page 48 of 48 APPRAISER QUALIFICATIONS City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 19-2432,Version:1 AGENDA CAPTION Consider approval of the minutes of October 7 and October 8, 2019. City of Denton Printed on 10/18/2019Page 1 of 1 powered by Legistar™ CITY OF DENTON CITY COUNCIL MINUTES October 7, 2019 After determining that a quorum is present, the City Council of the City of Denton, Texas convened in a Work Session on Monday, October 7, 2019, at 11:37 a.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas. PRESENT: Mayor Chris Watts, Mayor Pro Tem Gerard Hudspeth and Council Members Keely Briggs, John Ryan, Deb Armintor, and Paul Meltzer ABSENT: Council Member Jesse Davis Also present were City Manager Todd Hileman and City Attorney Aaron Leal WORK SESSION 1. Work Session Reports A. ID 19-1933 Receive a report, hold a discussion and give staff direction regarding roadway impact fees. The item was presented and discussion followed. Council Member Armintor arrived at 12:20 p.m. Following discussion, staff was directed to return with additional data to include looking at cost recovery options that would help in City Council's support of Option A (Adopt 50% of the 2019 recoverable roadway impact fee cost of each service area) and return for discussion at a future meeting. The meeting was recessed for a short break at 12:49 p.m. and reconvened at 1:00 p.m. B. ID 19-2254 Receive a report, hold a discussion, and give staff direction regarding City Hall West. The item was presented and discussion followed. Following discussion, staff was directed to return at a future work session to further discuss the 2017 Committee recommendations, steps to achieve full restoration of the project, establish proposed uses, determine what non-profit agencies will be housed, and identify funding options available. City of Denton City Council Minutes October 7, 2019 Page. 2 With no further business, the meeting was adjourned at 1:42 p.m. MINUTES APPROVED ON: _____________________________________________ CHRIS WATTS MAYOR CITY OF DENTON, TEXAS ROSA RIOS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES October 8, 2019 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Work Session on Tuesday, October 8, 2019, at 12:01 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas. PRESENT: Mayor Chris Watts, Mayor Pro Tem Gerard Hudspeth and Council Members Keely Briggs, John Ryan, Deb Armintor, and Paul Meltzer ABSENT: Council Members Jesse Davis Also present were City Manager Todd Hileman and City Attorney Aaron Leal WORK SESSION 1. Citizen Comments on Consent Agenda Items • Consent Item 1.N (ID 19-2351) - Dalton Gregory, 2408 Emerson • Consent Item 1.N (ID 19-2351) - Carol Lynn Mizell, 2722 Crestwood Place Council Member Armintor arrived at 12:04 p.m. 2. Requests for clarification of agenda items listed on this agenda. • Consent Item 1.G (ID 19-2305) - As requested, staff provided clarification as to the item being the same plan proposed in the most recent Friday Report. (Briggs) • Consent Item 1.J (ID 19-2312) - As requested, staff provided clarification as to the processing of sexual assault kits and expected timeframe for completion. (Briggs, Armintor) • Consent Item 1.A (ID 19-2182) and 1.B (ID 19-2237) - As requested, staff provided clarification regarding the funding for the items having been previously budgeted. (Meltzer) • Work Session 3.F (ID 19 -2134) - Pulled from discussion to allow for the Planning and Zoning Commission to first consider and present recommendations to City Council. (Watts) 3. Work Session Reports A. ID 19-2036 Receive a report, hold a discussion and give staff direction regarding the 2019- 20 audit plan. The presentation was made and discussion followed. Mayor Pro Tem Hudspeth arrived at 12:27 p.m. City of Denton City Council Minutes October 8, 2019 Page 2 Following discussion, the City Attorney’s Office was directed to provide a report with facts surrounding a specific litigation case. The City Auditor’s Office was directed to update the Audit Plan for presentation and adoption at a future meeting. The meeting was recessed at 12:51 p.m. for a short break and reconvened at 1:02 p.m. B. ID 19-2037 Receive a report, hold a discussion, and give staff direction regarding an internal audit of Roadway Quality Management. The item was presented and discussion followed. Following discussion, there was no direction provided as the item was only to provide a report as to the audit of Roadway Quality Management. C. ID 19-2039 Receive a report, hold a discussion, and give staff direction regarding an internal audit of the Accounts Payable Division. The item was presented and discussion followed. Following discussion, there was no direction provided as the item was only to provide a report as to the audit of the Accounts Payable Division. D. ID 19-2350 Receive a report, hold a discussion and give staff direction regarding the potential restriction of on-street parking along the west side of Hinkle Drive between Windsor Drive and University Drive. The presentation was made and discussion followed. Following discussion, staff was directed to proceed with Option 2 which consisted of 9-10’ protected bike lanes on both sides and no parking lane on the west side. The meeting was recessed at 2:03 p.m. for a short break and reconvened at 2:14 p.m. E. ID 19-2086 Receive a report, hold a discussion, and give staff direction on pending City Council requests for information. The item was presented and discussion followed. Following discussion, results were as follows: • Item 1 - Monument to Women’s Interracial Fellowship (Meltzer) o Consensus to develop an Informal Staff Report (ISR) City of Denton City Council Minutes October 8, 2019 Page 3 • Item 2 - Criminal Trespassing on Public Property (Armintor) o No consensus to discuss at a future work session • Item 3 - Solid Waste rates and recent changes to residential curbside program (Briggs) o Consensus to discuss at a future work session in approximately two (2) months F. ID 19-2134 Receive a report, hold a discussion and give staff direction regarding Changes to Subchapter 1: General Standards, Subchapter 6: Gas Wells, and Subchapter 8: Subdivision of the Denton Development Code related to reverse setbacks and associated definitions and appeal procedures. As noted earlier in the Work Session, the item was pulled from discussion by Mayor Watts to allow for the Planning and Zoning Commission to first consider and present recommendations to City Council. CLOSED MEETING Mayor Watts announced the Closed Meeting would be held after the Special Called Meeting. SPECIAL CALLED MEETING After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Special Called Meeting on Tuesday, October 8, 2019, at 2:28 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas. PRESENT: Mayor Chris Watts, Mayor Pro Tem Gerard Hudspeth and Council Members Keely Briggs, John Ryan, Deb Armintor, and Paul Meltzer ABSENT: Council Member Jesse Davis Also present were City Manager Todd Hileman and City Attorney Aaron Leal 1. CONSENT AGENDA The consent agenda consisted of Items 1.A-P. No items were removed for individual consideration. Council Member Ryan moved to adopt the Consent Agenda as presented. Motion seconded by Council Member Briggs. Motion carried. AYES (6): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Ryan, Armintor, and Meltzer NAYS (0): None ABSENT (1): Council Member Davis City of Denton City Council Minutes October 8, 2019 Page 4 A. ID 19-2182 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to execute an agreement between the City of Denton, Texas and the Children’s Advocacy Center for Denton County, providing for a coordinated process for child abuse investigations; providing for client and clinical services to victims of child abuse and non-offending family members; and providing for the expenditure of funds in the amount of $165,485.47 therefor; and providing for an effective date. ASSIGNED ORDINANCE NO. 19-2182 B. ID 19-2237 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a Memorandum of Understanding by and between the City of Denton and United Way of Denton County, Inc. providing for the expenditure of funds in the amount of $40,000 for a matching grant to fund the Barriers Fund for the prevention and diversion of homelessness in furtherance of the coordinated system of homeless assistance programs; authorizing the expenditure of funds therefor; and providing an effective date. ASSIGNED ORDINANCE NO. 19-2237 C. ID 19-2243 Consider adoption of an ordinance of the City of Denton, Texas, approving the continued receipt of bingo prize funds; amending Chapter 10 of the code of ordinances by adding Section 10-82 imposing a bingo prize fee on bingo prize money collected in the City after January 1, 2020; making other findings and provisions related thereto; authorizing the City Manager or his designee to execute and submit a verification notice to the Texas Lottery Commission and provide notice to licensed bingo organizations; and providing for an effective date. ASSIGNED ORDINANCE NO. 19-2243 D. ID 19-2248 Consider adoption of an ordinance of the City of Denton, granting The Village Church Denton an increase in sound levels and a variance in the hours of operation pursuant to section 17-20 of the City of Denton code of ordinances, with respect to sound levels and hours of operation for the Celebration Service, which will be held on Sunday, October 20, 2019, from 10:00 a.m. to 11:00 a.m., at the South Lakes Park; with sound not to exceed 70 decibels; and providing an effective date. ASSIGNED ORDINANCE NO. 19-2248 E. ID 19-2252 Consider approval of a resolution of the City of Denton, Texas, authorizing the City Manager or his designee, to accept the Tex Treasures Grant #TXT-20003 for SFY 2020 (Federal Award Identification No. LS-00-19-0044-19) from the Texas State Library and Archives Commission through the Institute of Museum and Library Services in the amount of $24,820.00, for the period of September 1 through August 31, 2020; and providing an effective date. ASSIGNED RESOLUTION NO. 19-2252 F. ID 19-2265 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home rule municipal corporation, authorizing the City Manager to expend funds for payment by the City of Denton to the Texas Commission on Environmental Quality for the annual Consolidated Water Quality Fee for operation of the Pecan Creek Water Reclamation Plant; City of Denton City Council Minutes October 8, 2019 Page 5 and providing an effective date. (Consolidated Water Quality Fee in the total not-to-exceed amount of $127,000.00). The Public Utilities Board recommends approval (7-0). ASSIGNED ORDINANCE NO. 19-2265 G. ID 19-2305 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, for approval of a pre-qualified professional services list for Solid Waste/Landfill including Planning, Engineering Design, and Facility Permitting; Construction Documents, Technical Specifications, and Construction Management; Environmental Services; Landfill Planning and Engineering Services; Landfill Gas Services; and Drone and Surveying Services; and providing an effective date (RFQ 7109). The Public Utilities Board recommends approval (7 - 0). ASSIGNED ORDINANCE NO. 19-2305 H. ID 19-2306 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with NO- DIGTEC, LLC, through The Interlocal Purchasing System (TIPS) Cooperative Program Contract # 171105 for the supply of pipe bursting and related services for Wastewater Utilities; providing for the expenditure of funds therefor; and providing an effective date (File 7165 - awarded to NO-DIGTEC, LLC, in the amount of $642,350). The Public Utilities Board recommends approval (7 - 0). ASSIGNED ORDINANCE NO. 19-2306 I. ID 19-2307 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Cable Contractors, LLC dba Contract Services and Equipment, for fiber optic services for Technology Services; providing for the expenditure of funds therefor; and providing an effective date (RFP 7051 - awarded to Cable Contractors, LLC dba Contract Services and Equipment, for one (1) year, with the option for four (4) additional one (1) year extensions, in the total five (5) year not-to-exceed amount of $2,000,000). ASSIGNED ORDINANCE NO. 19-2307 J. ID 19-2312 Consider approval of a resolution of the City of Denton, Texas, authorizing the City Manager, or his designee, to accept the National Sexual Assault Kit Initiative (SAKI) for Small Agencies Grant (Grant No. 2019-AK-BX-0026) from the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance in the amount of $499,890.00; for the period of October 1, 2019 through September 30, 2022; and providing an effective date. ASSIGNED RESOLUTION NO. 19-2312 K. ID 19-2314 Consider approval of the minutes of September 17, 2019. L. ID 19-2334 Consider adoption of an ordinance of the City of Denton granting the Denton Day of the Dead Festival Inc. a noise exception pursuant to Section 17-20 of the City of Denton Code of Ordinances for the Denton’s Day of the Dead Festival, which will be held City of Denton City Council Minutes October 8, 2019 Page 6 on Saturday, October 26, 2019, from 11:00 a.m. to 11:00 p.m., at Industrial Street and Hickory Street in Denton, Texas; granting an increase in sound levels and a variance in the hours of operation on said date from 11:00 a.m. to 11:00 p.m., with sound not to exceed 75 decibels; and providing an effective date. ASSIGNED ORDINANCE NO. 19-2334 M. ID 19-2347 Consider adoption of a resolution of the City of Denton adopting the 2019-2020 City Council priorities of the City of Denton for the fiscal year beginning on October 1, 2019 and ending on September 30, 2020; and providing an effective date. ASSIGNED RESOLUTION NO. 19-2347 N. ID 19-2351 Consider adoption of an ordinance of the City of Denton, approving a City co- sponsorship in an amount not to exceed $1,928 of in-kind services and resources for the Denton Community Band concerts, which will be held on Sunday, October 27, 2019, from 2:00 p.m. to 5:00 p.m., and Friday, June 5, 2020, from 6:00 p.m. to 9:00 p.m., at the Denton Civic Center; and providing an effective date. ASSIGNED ORDINANCE NO. 19-2351 O. ID 19-2353 Consider adoption of an ordinance of the City of Denton, approving a City co- sponsorship in an amount not to exceed $2,002 of in-kind services and resources for the Denton County Veterans Coalition Stand-Down, which will be held on Thursday, October 24, 2019, from 9:00 a.m. to 3:00 p.m., with event set up on Wednesday, October 23, 2019, from 2:00 p.m. to 5:00 p.m., at the Denton Civic Center; and providing an effective date. ASSIGNED ORDINANCE NO. 19-2353 P. ID 19-2363 Consider adoption of an ordinance of the City of Denton, authorizing the execution of a Joint Election Agreement and Contract with Denton County for joint election services for the Denton Special Election to be held on November 5, 2019, within said City on the question of the issuance of $221,519,000 in ad valorem tax supported public securities for streets, public safety, parks and public art, at a total estimated cost of $51,361.41; authorizing the expenditure of funds therefor; and providing an effective date. ASSIGNED ORDINANCE NO. 19-2363 2. ITEMS FOR INDIVIDUAL CONSIDERATION A. HLC19-030b Consider approval of a resolution of the City of Denton, Texas adopting the vision, value statements, goals, policies, recommendations, and the implementation matrix proposed in the Denton Historic Preservation Plan prepared by the Lakota Group, dated August 28, 2019; and providing an effective date. (HLC19-030b, Historic Preservation Plan, Ron Menguita) The presentation was made and discussion followed. City of Denton City Council Minutes October 8, 2019 Page 7 The following registered speaker was called on the item: • Randy Hunt, 722 W. Oak Street - addressed concerns as to the role of HPO, focus on initiatives and not rules, and move role out of Development Services as it is more effective under the Economic Development Department Following further discussion, staff was directed to revise the plan as discussed for presentation at a future meeting. The meeting was recessed at 4:02 p.m. for a short break and reconvened at 4:09 p.m. B. ID 19-2267 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, approving and authorizing the City Manager to execute an interlocal cooperation agreement with Wise County, providing for a guaranteed volume agreement for the landfill; and providing an effective date. ASSIGNED ORDINANCE NO. 19-2267 Items 2.B (ID 19-2267), 2.C (ID 19-2268), 2.D (ID 19-2269), 2.E (ID 19-2270), and 2.F (ID 19-2271) were collectively read into the record, presented and discussed, with each item voted on individually. Mayor Pro Tem Hudspeth moved to approve the item as presented. Motion seconded by Council Member Ryan. Motion carried. AYES (4): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs and Ryan NAYS (2): Council Members Armintor and Meltzer ABSENT (1): Council Member Davis C. ID 19-2268 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Frontier Access, LLC., providing for a guaranteed volume contract for the landfill; and providing an effective date. ASSIGNED ORDINANCE NO. 19-2268 Items 2.B (ID 19-2267), 2.C (ID 19-2268), 2.D (ID 19-2269), 2.E (ID 19-2270), and 2.F (ID 19-2271) were collectively read into the record, presented and discussed, with each item voted on individually. Mayor Pro Tem Hudspeth moved to approve the item as presented. Motion seconded by Council Member Ryan. Motion carried. AYES (4): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs and Ryan NAYS (2): Council Members Armintor and Meltzer ABSENT (1): Council Member Davis City of Denton City Council Minutes October 8, 2019 Page 8 D. ID 19-2269 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Community Waste Disposal Inc., providing for a guaranteed volume contract for the landfill; and providing an effective date. ASSIGNED ORDINANCE NO. 19-2269 Items 2.B (ID 19-2267), 2.C (ID 19-2268), 2.D (ID 19-2269), 2.E (ID 19-2270), and 2.F (ID 19-2271) were collectively read into the record, presented and discussed, with each item voted on individually. Mayor Pro Tem Hudspeth moved to approve the item as presented. Motion seconded by Council Member Ryan. Motion carried. AYES (4): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs and Ryan NAYS (2): Council Members Armintor and Meltzer ABSENT (1): Council Member Davis E. ID 19-2270 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Waste Connections Lone Star, Inc., providing for a guaranteed volume agreement for the landfill; and providing an effective date. Items 2.B (ID 19-2267), 2.C (ID 19-2268), 2.D (ID 19-2269), 2.E (ID 19-2270), and 2.F (ID 19-2271) were collectively read into the record, presented and discussed, with each item voted on individually. Mayor Pro Tem Hudspeth moved to approve the item as presented. Motion seconded by Council Member Ryan. Motion failed due to a tie vote. AYES (3): Mayor Watts, Mayor Pro Tem Hudspeth and Council Member Ryan NAYS (3): Council Members Briggs, Armintor, and Meltzer ABSENT (1): Council Member Davis NOTE: Under the City Code of Ordinances, Subpart A, Article II, Section 2-29(g)(5)(a), matters voted on by the city council which end in a tie-vote shall automatically be placed on each subsequent council meeting agenda until a full council is present. F. ID 19-2271 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Allied Waste Services of Fort Worth, LLC., providing for a guaranteed volume contract for the landfill; and providing an effective date. Items 2.B (ID 19-2267), 2.C (ID 19-2268), 2.D (ID 19-2269), 2.E (ID 19-2270), and 2.F (ID 19-2271) were collectively read into the record, presented and discussed, with each item voted on individually. City of Denton City Council Minutes October 8, 2019 Page 9 Mayor Pro Tem Hudspeth moved to approve the item as presented. Motion seconded by Council Member Ryan. Motion failed due to a tie vote. AYES (3): Mayor Watts, Mayor Pro Tem Hudspeth and Council Member Ryan NAYS (3): Council Members Briggs, Armintor, and Meltzer ABSENT (1): Council Member Davis NOTE: Under the City Code of Ordinances, Subpart A, Article II, Section 2-29(g)(5)(a), matters voted on by the city council which end in a tie-vote shall automatically be placed on each subsequent council meeting agenda until a full council is present. G. ID 19-2316 Consider adoption of an ordinance approving an amended agreement by and between the City of Denton and the Denton Community Theater, Inc., relocating the location of rehearsal space; authorizing the City Manager to execute the first amendment; approving the expenditure of funds therefor; and providing for an effective date. ASSIGNED ORDINANCE NO. 19-2316 The presentation was made and discussion followed. Council Member Briggs moved to approve the item as presented. Motion seconded by Council Member Meltzer. Motion carried. AYES (6): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Ryan, Armintor, and Meltzer NAYS (0): None ABSENT (1): Council Member Davis H. ID 19-2293 Consider nominations/appointments to the City’s Boards, Commissions, and Committees: Board of Ethics and Zoning Board of Adjustment. There was no presentation and no discussion on the item. Council Member Briggs moved to appoint the following as noted: BOARD/ COMMITTEE/ COMMISSION COUNCIL PLACE NOMINATING CCM MEMBER FIRST NAME MEMBER LAST NAME NEW TERM STATUS & QUALIFICATION OR PREFERENCE, IF ANY Board of Ethics 6 Meltzer Larry Beck UNEXPIRED September 1, 2018 through August 31, 2020 New (Pref.: 0/Other) Zoning Board of Adjustment 6 Meltzer Emily Meisner September 1, 2019 through August 31, 2020 Reappointment City of Denton City Council Minutes October 8, 2019 Page 10 Motion seconded by Council Member Meltzer. Motion carried. AYES (6): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Ryan, Armintor, and Meltzer NAYS (0): None ABSENT (1): Council Member Davis 3. CONCLUDING ITEMS Council Members expressed items of interest, congratulatory remarks and provided general announcements. Staff to provide responsive information to those requests for information as part of the Friday Report process. The Special Called Meeting ended at 4:35 p.m. CLOSED MEETING 1. The City Council convened into a Closed Meeting at 4:35 p.m. consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law, as follows: A. ID 19-2217 Deliberations regarding Personnel Matters - Under Texas Government Code Section 551.074. Deliberate and discuss the evaluation, duties, discipline, procedures, and contracts of the Municipal Judge and City Auditor. NOT DELIBERATED B. ID 19-2337 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from staff, discuss, deliberate, and provide staff with direction pertaining to the potential acquisition of real property interests in the Hiram Cisco Survey, Abstract No. 1184, Denton County, Texas, and located generally along the south side of East McKinney Street, between Railroad Avenue and North Bradshaw Street, City of Denton, Texas. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition or condemnation of the real property interests described above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation. DELIBERATED C. ID 19-2417 Consultation with Attorneys - Under Texas Government Code Section 551.071 Consult with and provide direction to City’s attorneys regarding legal issues and strategies associated with changes to Subchapter 6: Gas Wells of the Denton Development Code related to reverse setbacks and associated definitions, appeal procedures, and legal issues associated with pending development applications; where a discussion of these legal matters in an open meeting would conflict with the duty of the City’s attorneys to the City of Denton City City of Denton City Council Minutes October 8, 2019 Page 11 Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. NOT DELIBERATED The Closed Meeting started at 4:39 p.m. and ended at 5:03 p.m. Item 1.A (ID 19-2217) and Item 1.C (ID 19-2417) were not deliberated. No votes or actions were taken during the Closed Meeting. With no further business, the meeting was adjourned at 5:03 p.m. MINUTES APPROVED ON: _____________________________________________ CHRIS WATTS MAYOR CITY OF DENTON, TEXAS JANE RICHARDSON ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 19-2433,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,authorizing the City Manager,or his designee,to execute a contract with International Business Machines (IBM) Corporation for Weather Forecasting Services;Pattern Recognition Technologies,Inc.,for Load Forecasting Service;and Radiant Geospatial Solutions,LLC,for Wind and Solar Forecasting Services;providing for the expenditure of funds therefor;and providing an effective date (RFP 7057 -awarded to the lowest responsive bidder for each line item,Weather Forecasting contract awarded to International Business Machines (IBM) Corporation for a three (3)year not-to-exceed amount of $63,030,Load Forecasting contract awarded to Pattern Recognition Technologies,Inc.,for a three (3)year not-to-exceed amount of $118,800 and Wind and Solar Forecasting contract awarded to Radiant Geospatial Solutions LLC for a three (3)year not-to-exceed amount of $66,000,in a total three (3)year,not-to-exceed amount of $247,830).The Public Utilities Board recommends approval (6 - 0). City of Denton Printed on 10/15/2019Page 1 of 1 powered by Legistar™ City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance CFO: Antonio Puente, Jr. DATE: October 22, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or his designee, to execute a contract with International Business Machines (IBM) Corporation for Weather Forecasting Services; Pattern Recognition Technologies, Inc., for Load Forecasting Service; and Radiant Geospatial Solutions, LLC, for Wind and Solar Forecasting Services; providing for the expenditure of funds therefor; and providing an effective date (RFP 7057 – awarded to the lowest responsive bidder for each line item, Weather Forecasting contract awarded to International Business Machines (IBM) Corporation in a total not-to-exceed amount of $63,030, Load Forecasting contract awarded to Pattern Recognition Technologies, Inc., in a not-to-exceed amount of $118,800 and Wind and Solar Forecasting contract awarded to Radiant Geospatial Solutions LLC in a total not-to-exceed amount of $66,000, in a total three (3) year, not-to-exceed amount of $247,830). The Public Utilities Board recommends approval (6 - 0). RFP INFORMATION /BACKGROUND Denton Municipal Electric (“DME”) is highly dependent on weather forecasting services to manage electric demand. The growing wind and solar generation portfolio adds a considerable dependency on accurate weather forecasting to manage the City of Denton’s electric demand requirements. Weather volatility is a key driver of electric demand and renewable energy output in the short -term and long-term horizon. DME is seeking approval for forecasting service(s) which include Weather Forecasting, Load Forecasting, Wind Forecasting, and Solar Forecasting. The major functions of the Forecasting solution(s) are as follows: 1. Weather Forecasting a. Short Term Weather (7 Day) b. Mid Term Weather (15 Day) c. Seasonal Weather 2. Load Forecasting a. Short Term (1 Day) b. Mid Term (15 Day) c. Long Term (1 year+) 3. Wind Forecasting a. Intra-Day Forecast b. Short Term Forecast (2-7 Days) 4. Solar Forecasting a. Intra-Day Forecast b. Short Term Forecast (2-7 Days) City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Requests for Proposals were sent to 1,798 prospective suppliers of these items. In addition, specifications were placed on the Materials Management website for prospective suppliers to download and advertised in the local newspaper. Five (5) proposals were received and evaluated based upon published criteria including delivery/project schedule, compliance with specifications, probable performance and price. Based upon this evaluation, the following vendor(s) were ranked the highest and d etermined to be the best value for the City: 1. Weather Forecasting Service International Business Machines (IBM) Corporation was ranked the highest and determined to be the best net value for the City for Weather Forecasting. 2. Load Forecasting Service Pattern Recognition Technologies, Inc., was ranked the highest and determined to be the best net value for the City for Load Forecasting. 3. Wind Output Forecasting Service Radiant Geospatial Solutions LLC was ranked the highest and determined to be the best net value for the City for Wind Output Forecasting. 4. Solar Output Forecasting Service Radiant Geospatial Solutions LLC was ranked the highest and determined to be the best net value for the City for Solar Output Forecasting. If approved, staff will utilize this solution to support effective energy portfolio management operations, increase efficiencies, data collection, increase staff performance, and provide management with reporting data. PRIOR ACTION/REVIEW On October 14, 2019, the Public Utilities Board (PUB) recommended this item to the City Council for consideration. RECOMMENDATION Award a contract with International Business Machines (IBM) Corporation for Weather Forecasting Service, in a three (3) year, not-to-exceed amount of $63,030. Award a contract with Pattern Recognition Technologies, Inc., for Load Forecasting Service in a three (3) year, not-to-exceed amount of $118,800. Award a contract with Radiant Geospatial Solutions LLC for Wind Forecasting Service, in a three (3) year not-to-exceed amount of $39,600. Award a contract with Radiant Geospatial Solutions LLC for Solar Forecasting Service, in a three (3) year not-to-exceed amount of $26,400. PRINCIPAL PLACE OF BUSINESS International Business Machines (IBM) Corporation Armonk, NY Pattern Recognition Technologies, Inc. Dallas, TX Radiant Geospatial Solutions LLC Gaithersburg, MD ESTIMATED SCHEDULE OF PROJECT(S) This is a three (3) year contract for each individual forecasting service. FISCAL INFORMATION These services will be funded from the Denton Municipal Electric Power Supply, Energy Management division budget account 600003.7804. The budgeted amount for this service is $247,830. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Pricing Evaluation Exhibit 3: LLC Membership Exhibit 4: Ordinance and Contracts Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Stephen Johnson at 940-349-7516. Legal point of contact: Mack Reinwand at 940-349-8333. Exhibit 2 RFP 7057 - Pricing Evaluation for Weather Forecasting Services International Business Machines (IBM) Corporation Radiant Geospatial Solutions, LLC Itron, Inc.DTN, LLC Pattern Recognition Technologies, Inc. (PRT) $57,300 $72,000 $73,260 $113,832 No bid $63,030 ITEM 1 Delivery/Project Schedule 5%5.0 5.0 1.0 4.0 0.0 2 Compliance with specifications 30%30.0 27.0 23.0 15.0 0.0 3 Indicators of Probable Performance under contract 25% 25.0 25.0 17.0 15.0 0.0 4 Price, Total Cost of Ownership 40%40.0 32.0 31.0 20.0 0.0 100.0 89.0 72.0 54.0 0.0 Pattern Recognition Technologies, Inc. (PRT) Radiant Geospatial Solutions, LLC Itron, Inc.International Business Machines Corp. (IBM)DTN, LLC $108,000 $135,000 $158,400 $30,600 No bid $118,800 ITEM 1 Delivery/Project Schedule 5%5.00 3.33 1.83 4.67 0.00 2 Compliance with specifications 30%30.00 28.17 26.67 8.00 0.00 3 Indicators of Probable Performance under contract 25% 25.00 24.33 24.67 8.00 0.00 4 Price, Total Cost of Ownership 40%11.33 9.07 7.73 40.00 0.00 71.33 64.90 60.89 60.67 0.00 Radiant Geospatial Solutions, LLC DTN, LLC International Business Machines Corp. (IBM) Pattern Recognition Technologies, Inc. (PRT)Itron, Inc. $36,000 $27,000 $46,500 $28,800 $79,200 $39,600 ITEM 1 Delivery/Project Schedule 5%5.0 5.0 5.0 5.0 1.0 2 Compliance with specifications 30%30.0 21.0 30.0 23.0 26.0 3 Indicators of Probable Performance under contract 25% 25.0 21.0 25.0 15.0 23.0 4 Price, Total Cost of Ownership 40%30.0 40.0 23.0 38.0 14.0 90.0 87.0 83.0 81.0 64.0 Radiant Geospatial Solutions, LLC Pattern Recognition Technologies, Inc. (PRT)Itron, Inc.DTN, LLC International Business Machines Corp. (IBM) $24,000 $28,800 $69,300 No bid No bid $26,400 ITEM 1 Delivery/Project Schedule 5%5.0 3.0 1.0 0.0 0.0 2 Compliance with specifications 30%30.0 24.0 28.0 0.0 0.0 3 Indicators of Probable Performance under contract 25% 25.0 23.0 24.0 0.0 0.0 4 Price, Total Cost of Ownership 40%40.0 33.0 14.0 0.0 0.0 100.0 83.0 67.0 0.0 0.0 DESCRIPTION Total: Total: Contract Total (3 years) not including additional services: Contract Total (3 years) not including additional services: Products and Services Pricing: SOLAR FORECAST DESCRIPTION Products and Services Pricing: Products and Services Pricing: Products and Services Pricing: LOAD FORECASTING WEATHER FORECASTING WIND OUTPUT DESCRIPTION Contract Total (3 years) not including additional services: DESCRIPTION Contract Total (3 years) not including additional services: Total: Total: Docusign City Council Transmittal Coversheet File Name Purchasing Contact City Council Target Date Piggy Back Option Contract Expiration Ordinance DocuSign Envelope ID: F22B08FD-6163-4DBE-B44D-9B8D6FD30829 Jane Rogers 7057RFP Yes Weather Forecasting Services - Radiant Contract # 7057 CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND RADIANT GEOSPATIAL SOLUTIONS LLC (CONTRACT 7057) THIS CONTRACT is made and entered into this date ______________________, by and between Radiant Geospatial Solutions LLC, a Delaware limited liability company, whose address is 820 West Diamond Ave., Suite 300, Gaithersburg, MD 20878, hereinafter referred to as "Contractor," and the CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and subsequent execution of this Contract by the Denton City Manager or his duly authorized designee. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: SCOPE OF SERVICES Supplier shall provide products and/or services in accordance with the City’s document RFP 7057 Weather Forecasting Service, a copy of which is on file at the office of Purchasing Agent and incorporated herein for all purposes. The Contract consists of this written agreement and the following items which are attached hereto and incorporated herein by reference: (a) Special Terms and Conditions (Exhibit “A”); (b) City of Denton’s RFP 7057 (Exhibit “B” on File at the Office of the Purchasing Agent); (c) City of Denton Standard Terms and Conditions (Exhibit “C”); (d) Insurance Requirements (Exhibit “D”); (e) Certificate of Interested Parties Electronic Filing (Exhibit "E"); (f) Contractor’s Proposal (Exhibit "F"); (g) Form CIQ – Conflict of Interest Questionnaire (Exhibit "G"); These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to the written agreement then to the contract documents in the order in which they are listed above. These documents shall be referred to collectively as “Contract Documents.” Prohibition on Contracts with Companies Boycotting Israel Supplier acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms “boycott Israel” and “company” shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this agreement, Supplier certifies that Supplier’s signature provides written verification to the City that Supplier: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the agreement. Failure to meet or maintain the requirements under this provision will be considered a material breach. Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or a Foreign Terrorist Organization DocuSign Envelope ID: F22B08FD-6163-4DBE-B44D-9B8D6FD30829 Contract # 7057 Section 2252 of the Texas Government Code restricts CITY from contracting with companies that do business with Iran, Sudan, or a foreign terrorist organization. By signing this agreement, Supplier certifies that Supplier’s signature provides written verification to the City that Supplier, pursuant to Chapter 2252, is not ineligible to enter into this agreement and will not become ineligible to receive payments under this agreement by doing business with Iran, Sudan, or a foreign terrorist organization. Failure to meet or maintain the requirements under this provision will be considered a material breach. The parties agree to transact business electronically. Any statutory requirements that certain terms be in writing will be satisfied using electronic documents and signing. Electronic signing of this document will be deemed an original for all legal purposes. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. CONTRACTOR BY: ______________________________ AUTHORIZED SIGNATURE Date: _______________________________ Printed Name: ________________________ Title: _______________________________ ___________________________________ PHONE NUMBER ___________________________________ EMAIL ADDRESS ___________________________________ APPROVED AS TO LEGAL FORM: TEXAS ETHICS COMMISSION AARON LEAL, CITY ATTORNEY CERTIFICATE NUMBER BY: __________________________________ CITY OF DENTON, TEXAS ATTEST: ROSA RIOS, CITY SECRETARY BY: ______________________ TODD HILEMAN BY: _________________________________ CITY MANAGER Date: THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. _______________ ________________ SIGNATURE PRINTED NAME __________________________________ TITLE __________________________________ DEPARTMENT DocuSign Envelope ID: F22B08FD-6163-4DBE-B44D-9B8D6FD30829 Contract # 7057 Exhibit A Special Terms and Conditions 1. Total Contract Amount The total contract for Line 3, Wind Output Renewable Forecasting Service and Line 4, Solar Output Renewable Forecasting Service of RFP 7057, which Lines 3 and 4 only is awarded by this Contract for the supply of Weather Forecasting Service, shall not exceed $66,000.00. Pricing shall be per Exhibit F attached. 2. Contract Terms The contract term will be three (3) years, effective from date of award or notice to proceed as determined by the City of Denton Purchasing Department. At the sole option of the City of Denton, the contract may be further extended as needed, not to exceed a total of six (6) months. 3. Price Escalation and De-escalation The City will implement an escalation/de-escalation price adjustment annually. The escalation/de- escalation will be based upon manufacturer published pricing sheets to the vendor. The price will be increased or decreased based upon the annually percentage change in the manufacturer’s price list. The price adjustment will be determined annually from the award date. Should the change exceed or decrease a minimum threshold value of +/-1%, then the stated eligible bid prices shall be adjusted in accordance with the published price change. It is the supplier or the Cities responsibility to request a price adjustment annually in writing. If no request is made, then it will be assumed that the bid price will be in effect. The supplier must submit or make available the manufacturers pricing sheet used to calculate the bid proposal, to participate in the escalation/de-escalation clause. DocuSign Envelope ID: F22B08FD-6163-4DBE-B44D-9B8D6FD30829 Contract # 7057 Exhibit C Standard Purchase Terms and Conditions These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other requirements included in the City of Denton’s contract are applicable to contracts/purchase orders issued by the City of Denton hereinafter referred to as the City or Buyer and the Seller or respondent herein after referred to as Contractor or Supplier. Any deviations must be in writing and signed by a representative of the City’s Procurement Department and the Supplier. No Terms and Conditions contained in the seller’s proposal response, invoice or statement shall serve to modify the terms set forth herein. If there is a conflict between the provisions on the face of the contract/purchase order these written provisions will take precedence. The Contractor agrees that the contract shall be governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a solicitatio n to purchase goods, and sections 9, 10, 11, 22 and 32 shall apply only to a solicitation to purchase services to be performed principally at the City’s premises or on public rights-of-way. 1. CONTRACTOR’S OBLIGATIONS. The Contractor shall fully and timely provide all deliverables described in the Solicitation and in the Contractor’s Offer in strict accordance with the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local laws, rules, and regulations. 2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract shall be effective as of the date the contract is signed by the City, and shall continue in effect until all obligations are performed in accordance with the Contract. 3. CONTRACTOR TO PACKAGE DELIVERABLES: The Contractor will package deliverables in accordance with good commercial practice and shall include a packing list showing the description of each item, the quantity and unit price unless otherwise provided in the Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly and permanently marked as follows: (a) The Contractor's name and address, (b) the City’s name, address and purchase order or purchase release number and the price agreement number if applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container bearing the packing list. The Contractor shall bear cost of packaging. Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all the requirements of common carriers and any applicable specification. The City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 4. SHIPMENT UNDER RESERVATION PROHIBITED: The Contractor is not authorized to ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of deliverables. 5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City only when the City actually receives and accepts the deliverables. DocuSign Envelope ID: F22B08FD-6163-4DBE-B44D-9B8D6FD30829 Contract # 7057 6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and Conditions. Unless otherwise stated in the Offer, the Contractor’s price shall be deemed to include all delivery and transportation charges. The City shall have the right to designate what method of transportation shall be used to ship the deliverables. The place of delivery shall be that set forth the purchase order. 7. RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under law, including, but not limited to the Uniform Commercial Code, to inspect the deliverables at delivery before accepting them, and to reject defective or non-conforming deliverables. If the City has the right to inspect the Contractor’s, or the Contractor’s Subcontractor’s, facilities, or the deliverables at the Contractor’s, or the Contractor’s Subcontractor’s, premises, the Contractor shall furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance to the City to facilitate such inspection. 8. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables must fully comply with all provisions of the Contract as to time of delivery, quality, and quantity. Any non-complying tender shall constitute a breach and the Contractor shall not have the right to substitute a conforming tender; provided, where the time for performance has not yet expired, the Contractor may notify the City of the intention to cure and may then make a conforming tender within the time allotted in the contract. 9. PLACE AND CONDITION OF WORK: The City shall provide the Contractor access to the sites where the Contractor is to perform the services as required in order for the Contractor to perform the services in a timely and efficient manner, in accordance with and subject to the applicable security laws, rules, and regulations. The Contractor acknowledges that it has satisfied itself as to the nature of the City’s service requirements and specifications, the location and essential characteristics of the work sites, the quality and quantity of materials, equipment, labor and facilities necessary to perform the services, and any other condition or state of fact which could in any way affect performance of the Contractor’s obligations under the contract. The Contractor hereby releases and holds the City harmless from and against any liability or claim for damages of any kind or nature if the actual site or service conditions differ from expected conditions. The contractor shall, at all times, exercise reasonable precautions for the safety of their employees, City Staff, participants and others on or near the City’s facilities. 10. WORKFORCE A. The Contractor shall employ only orderly and competent workers, skilled in the performance of the services which they will perform under the Contract. B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while engaged in participating or responding to a solicitation or while in the course and scope of delivering goods or services under a City of Denton contract or on the City's property . i. use or possess a firearm, including a concealed handgun that is licensed under state law, except as required by the terms of the contract; or ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. C. If the City or the City's representative notifies the Contractor that any worker is incompetent, DocuSign Envelope ID: F22B08FD-6163-4DBE-B44D-9B8D6FD30829 Contract # 7057 disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the Contractor shall immediately remove such worker from Contract services, and may not employ such worker again on Contract services without the City's prior written consent. Immigration: The Contractor represents and warrants that it shall comply with the requirements of the Immigration Reform and Control Act of 1986 and 1990 regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor or services under the Contract and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA) enacted on September 30, 1996. 11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS: The Contractor, it’s Subcontractors, and their respective employees, shall comply fully with all applicable federal, state, and local health, safety, and environmental laws, ordinances, rules and regulations in the performance of the services, including but not limited to those promulgated by the City and by the Occupational Safety and Health Administration (OSHA). In case of conflict, the most stringent safety requirement shall govern. The Contractor shall indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments, fines, penalties and liability of every kind arising from the breach of the Contractor’s obligations under this paragraph. Environmental Protection: The Respondent shall be in compliance with all applicable standards, orders, or regulations issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 et seq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. §1251 et seq.). 12. INVOICES: A. The Contractor shall submit separate invoices in duplicate on each purchase order or purchase release after each delivery. If partial shipments or deliveries are authorized by the City, a separate invoice must be sent for each shipment or delivery made. B. Proper Invoices must include a unique invoice number, the purchase order or delivery order number and the master agreement number if applicable, the Department’s Name, and the name of the point of contact for the Department. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, shall be attached to the invoice. The Contractor’s name, remittance address and, if applicable, the tax identification number on the invoice must exactly match the information in the Vendor’s registration with the City. Unless otherwise instructed in writing, the City may rely on the remittance address specified on the Contractor’s invoice. C. Invoices for labor shall include a copy of all time-sheets with trade labor rate and deliverables order number clearly identified. Invoices shall also include a tabulation of work-hours at the appropriate rates and grouped by work order number. Time billed for labor shall be limited to hours actually worked at the work site. D. Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all Subcontract and other authorized expenses at actual cost without markup. E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced amount. The City will furnish a tax exemption certificate upon request. DocuSign Envelope ID: F22B08FD-6163-4DBE-B44D-9B8D6FD30829 Contract # 7057 13. PAYMENT: A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within thirty (30) calendar days of the City’s receipt of the deliverables or of the invoice being received in Accounts Payable, whichever is later. B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or the maximum lawful rate; except, if payment is not timely made for a reason for which the City may withhold payment hereunder, interest shall not accrue until ten (10) calendar days after the grounds for withholding payment have been resolved. C. If partial shipments or deliveries are authorized by the City, the Contractor will be paid for the partial shipment or delivery, as stated above, provided that the invoice matches the shipment or delivery. D. The City may withhold or set off the entire payment or part of any payment otherwise due the Contractor to such extent as may be necessary on account of: i. delivery of defective or non-conforming deliverables by the Contractor; ii. third party claims, which are not covered by the insurance which the Contractor is required to provide, are filed or reasonable evidence indicating probable filing of such claims; iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment; iv. damage to the property of the City or the City’s agents, employees or contractors, which is not covered by insurance required to be provided by the Contractor; v. reasonable evidence that the Contractor’s obligations will not be completed within the time specified in the Contract, and that the unpaid balance would not be adequate to cover actual or damages for the anticipated delay; vi. failure of the Contractor to submit proper invoices with purchase order number, with all required attachments and supporting documentation; or vii. failure of the Contractor to comply with any material provision of the Contract Documents. E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton for delinquent taxes, the City may offset indebtedness owed the City through payment withholding. F. Payment will be made by check unless the parties mutually agree to payment by credit card or electronic transfer of funds. The Contractor agrees that there shall be no additional charges, surcharges, or penalties to the City for payments made by credit card or electronic funds transfer. G. The awarding or continuation of this contract is dependent upon the availability of funding. The City’s payment obligations are payable only and solely from funds Appropriated and available for this contract. The absence of Appropriated or other lawfully available funds shall render the Contract null and void to the extent funds are not Appropriated or available and any deliverables delivered but unpaid shall be returned to the Contractor. The City shall provide the Contractor written notice of the failure of the City to make an adequate Appropriation for any fiscal year to pay the amounts due under the Contract, or the reduction of any Appropriation to an amount insufficient to permit the City to pay its obligations under the Contract. In the event of none or inadequate appropriation of funds, there will be no penalty nor removal fees charged to the City. 14. TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the Contract shall be paid by the Contractor, unless otherwise stated in the contract terms. During the term of this contract, the contractor shall bill and the City shall reimburse contractor for all reasonable and approved out of pocket expenses which are incurred in the connection with the performance of duties hereunder. Notwithstanding the foregoing, expenses for the time spent by DocuSign Envelope ID: F22B08FD-6163-4DBE-B44D-9B8D6FD30829 Contract # 7057 the contractor in traveling to and from City facilities shall not be reimbursed, unless otherwise negotiated. 15. FINAL PAYMENT AND CLOSE-OUT: A. If a DBE/MBE/WBE Program Plan is agreed to and the Contractor has identified Subcontractors, the Contractor is required to submit a Contract Close-Out MBE/WBE Compliance Report to the Purchasing Manager no later than the 15th calendar day after completion of all work under the contract. Final payment, retainage, or both may be withheld if the Contractor is not in compliance with the requirements as accepted by the City. B. The making and acceptance of final payment will constitute: i. a waiver of all claims by the City against the Contractor, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Contractor’s continuing obligations under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the City’s right to audit; and ii. a waiver of all claims by the Contractor against the City other than those previously asserted in writing and not yet settled. 16. SPECIAL TOOLS & TEST EQUIPMENT: If the price stated on the Offer includes the cost of any special tooling or special test equipment fabricated or required by the Contractor for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the City and shall be identified by the Contractor as such. 17. RIGHT TO AUDIT: A. The City shall have the right to audit and make copies of the books, records and computations pertaining to the Contract. The Contractor shall retain such books, records, documents and other evidence pertaining to the Contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within ten (10) business days of written request. Further, the Contractor shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to the Contract, and to allow the City similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the City unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the Contractor which must be payable within five (5) business days of receipt of an invoice. B. Failure to comply with the provisions of this section shall be a material breach of the Contract and shall constitute, in the City’s sole discretion, grounds for termination thereof. Each of the terms “books”, “records”, “documents” and “other evidence”, as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. 18. SUBCONTRACTORS: A. If the Contractor identified Subcontractors in a DBE/MBE/WBE agreed to Plan, the Contractor shall comply with all requirements approved by the City. The Contractor shall not initially employ any Subcontractor except as provided in the Contractor’s Plan. The Contractor shall not substitute any Subcontractor identified in the Plan, unless the substitute has been accepted by the City in DocuSign Envelope ID: F22B08FD-6163-4DBE-B44D-9B8D6FD30829 Contract # 7057 writing. No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or remedies of the City with respect to defective deliverables provided by a Subcontractor. If a Plan has been approved, the Contractor is additionally required to submit a monthly Subcontract Awards and Expenditures Report to the Procurement Manager, no later than the tenth calendar day of each month. B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract between the Contractor and Subcontractor. The terms of the subcontract may not conflict with the terms of the Contract, and shall contain provisions that: i. require that all deliverables to be provided by the Subcontractor be provided in strict accordance with the provisions, specifications and terms of the Contract; ii. prohibit the Subcontractor from further subcontracting any portion of the Contract without the prior written consent of the City and the Contractor. The City may require, as a condition to such further subcontracting, that the Subcontractor post a payment bond in form, substance and amount acceptable to the City; iii. require Subcontractors to submit all invoices and applications for payments, including any claims for additional payments, damages or otherwise, to the Contractor in sufficient time to enable the Contractor to include same with its invoice or application for payment to the City in accordance with the terms of the Contract; iv. require that all Subcontractors obtain and maintain, throughout the term of their contract, insurance in the type and amounts specified for the Contractor, with the City being a named insured as its interest shall appear; and v. require that the Subcontractor indemnify and hold the City harmless to the same extent as the Contractor is required to indemnify the City. C. The Contractor shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the Contractor is responsible for the Contractor's own acts and omissions. Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual relationship between the City and any such Subcontractor, nor shall it create any obligation on the part of the City to pay or to see to the payment of any moneys due any such Subcontractor except as may otherwise be required by law. D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the Contractor not later than ten (10) calendar days after receipt of payment from the City. 19. WARRANTY-PRICE: A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's current prices on orders by others for like deliverables under similar terms of purchase. B. The Contractor certifies that the prices in the Offer have been arrived at independently without consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such fees with any other firm or with any competitor. C. In addition to any other remedy available, the City may deduct from any amounts owed to the Contractor, or otherwise recover, any amounts paid for items in excess of the Contractor's current prices on orders by others for like deliverables under similar terms of purchase. 20. WARRANTY – TITLE: The Contractor warrants that it has good and indefeasible title to all deliverables furnished under the Contract, and that the deliverables are free and clear of all liens, claims, security interests and encumbrances. The Contractor shall indemnify and hold the City harmless from and against all adverse title claims to the deliverables. DocuSign Envelope ID: F22B08FD-6163-4DBE-B44D-9B8D6FD30829 Contract # 7057 21. WARRANTY – DELIVERABLES: The Contractor warrants and represents that all deliverables sold the City under the Contract shall be free from defects in design, workmanship or manufacture, and conform in all material respects to the specifications, drawings, and descriptions in the Solicitation, to any samples furnished by the Contractor, to the terms, covenants and conditions of the Contract, and to all applicable State, Federal or local laws, rules, and regulations, and industry codes and standards. Unless otherwise stated in the Solicitation, the deliverables shall be new or recycled merchandise, and not used or reconditioned. A. Recycled deliverables shall be clearly identified as such. B. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law; and any attempt to do so shall be without force or effect. C. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the date of acceptance of the deliverables or from the date of acceptance of any replacement deliverables. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand either repair the non-conforming deliverables, or replace the non-conforming deliverables with fully conforming deliverables, at the City’s option and at no additional cost to the City. All costs incidental to such repair or replacement, including but not limited to, any packaging and shipping costs shall be borne exclusively by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach of warranty, but failure to give timely notice shall not impair the City’s rights under this section. D. If the Contractor is unable or unwilling to repair or replace defective or non-conforming deliverables as required by the City, then in addition to any other available remedy, the City may reduce the quantity of deliverables it may be required to purchase under the Contract from the Contractor, and purchase conforming deliverables from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such deliverables from another source. E. If the Contractor is not the manufacturer, and the deliverables are covered by a separate manufacturer’s warranty, the Contractor shall transfer and assign such manufacturer’s warranty to the City. If for any reason the manufacturer’s warranty cannot be fully transferred to the City, the Contractor shall assist and cooperate with the City to the fullest extent to enforce such manufacturer’s warranty for the benefit of the City. 22. WARRANTY – SERVICES: The Contractor warrants and represents that all services to be provided the City under the Contract will be fully and timely performed in a good and workmanlike manner in accordance with generally accepted industry standards and practices, the terms, conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules or regulations. A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law, and any attempt to do so shall be without force or effect. B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the Acceptance Date. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand perform the services again in accordance with above standard at no additional cost to the City. All costs incidental to such additional performance shall be borne by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach warranty, but failure to give timely notice shall not impair the City’s rights under this section. DocuSign Envelope ID: F22B08FD-6163-4DBE-B44D-9B8D6FD30829 Contract # 7057 C. If the Contractor is unable or unwilling to perform its services in accordance with the above standard as required by the City, then in addition to any other available remedy, the City may reduce the amount of services it may be required to purchase under the Contract from the Contractor, and purchase conforming services from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such services from another source. 23. ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES: If, instead of requiring immediate correction or removal and replacement of defective or non - conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay all claims, costs, losses and damages attributable to the City’s evaluation of and determination to accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non-conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Contractor. 24. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to question the other party’s intent to perform, demand may be made to the other party for written assurance of the intent to perform. In the event that no assurance is given within the time specified after demand is made, the demanding party may treat this failure as an anticipatory repudiation of the Contract. 25. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event the Contractor is observed performing in a manner that is in violation of Federal, State, or local guidelines, or in a manner that is determined by the City to be unsafe to either life or property. Upon notification, the Contractor will cease all work until notified by the City that the violation or unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by the City as a result of the issuance of such Stop Work Notice. 26. DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails to fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in Contractor’s Offer, or in any report or deliverable required to be submitted by the Contractor to the City. 27. TERMINATION FOR CAUSE: In the event of a default by the Contractor, the City shall have the right to terminate the Contract for cause, by written notice effective ten (10) calendar days, unless otherwise specified, after the date of such notice, unless the Contractor, within su ch ten (10) day period, cures such default, or provides evidence sufficient to prove to the City’s reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy available under law or in equity, the City shall be entitled to recover all actual damages, costs, losses and expenses, incurred by the City as a result of the Contractor’s default, including, without limitation, cost of cover, reasonable attorneys’ fees, court costs, and prejudgment and post- judgment interest at the maximum lawful rate. Additionally, in the event of a default by the Contractor, the City may remove the Contractor from the City’s vendor list for three (3) years and any Offer submitted by the Contractor may be disqualified for up to three (3) years . All rights and remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by law. DocuSign Envelope ID: F22B08FD-6163-4DBE-B44D-9B8D6FD30829 Contract # 7057 28. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the Contract, in whole or in part, without cause any time upon thirty (30) calendar days’ prior written notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further work pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The City shall pay the Contractor, to the extent of funds Appropriated or otherwise legally available for such purposes, for all goods delivered and services performed and obligations incurred prior to the date of termination in accordance with the terms hereof. 29. FRAUD: Fraudulent statements by the Contractor on any Offer or in any report or deliverable required to be submitted by the Contractor to the City shall be grounds for the termination of the Contract for cause by the City and may result in legal action. 30. DELAYS: A. The City may delay scheduled delivery or other due dates by written notice to the Contractor if the City deems it is in its best interest. If such delay causes an increase in the cost of the work under the Contract, the City and the Contractor shall negotiate an equitable adjustment for costs incurred by the Contractor in the Contract price and execute an amendment to the Contract. The Contractor must assert its right to an adjustment within thirty (30) calendar days from the date of receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall excuse the Contractor from delaying the delivery as notified. B. Neither party shall be liable for any default or delay in the performance of its obligations under this Contract if, while and to the extent such default or delay is caused by acts of God, fire, riots, civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond the reasonable control of such Party. In the event of default or delay in contract performance due to any of the foregoing causes, then the time for completion of the services will be extended; provided, however, in such an event, a conference will be held within three (3) business days to establish a mutually agreeable period of time reasonably necessary to overcome the effect of such failure to perform. 31. INDEMNITY: A. Definitions: i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action, judgments and liability of every character, type or description, including all reasonable costs and expenses of litigation, mediation or other alternate dispute resolution mechanism, including attorney and other professional fees for: (1) damage to or loss of the property of any person (including, but not limited to the City, the Contractor, their respective agents, officers, employees and subcontractors; the officers, agents, and employees of such subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or wages to any person (including but not limited to the agents, officers and employees of the City, the Contractor, the Contractor’s subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non- conforming deliverables, negligence, willful misconduct or a breach of any legally imposed strict liability standard. B. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CITY), INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL DocuSign Envelope ID: F22B08FD-6163-4DBE-B44D-9B8D6FD30829 Contract # 7057 INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO, CONCERNING OR RESULTING FROM THE FAULT OF THE CONTRACTOR, OR THE CONTRACTOR'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THE CONTRACTOR’S OBLIGATIONS UNDER THE CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF THE CITY OR THE CONTRACTOR (INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE LIABLE FOR AN INDEMNIFIED CLAIM. 32. INSURANCE: The following insurance requirements are applicable, in addition to the specific insurance requirements detailed in Appendix A for services only. The successful firm shall procure and maintain insurance of the types and in the minimum amounts acceptable to the City of Denton. The insurance shall be written by a company licensed to do business in the State of Texas and satisfactory to the City of Denton. A. General Requirements: i. The Contractor shall at a minimum carry insurance in the types and amounts indicated and agreed to, as submitted to the City and approved by the City within the procurement process, for the duration of the Contract, including extension options and hold over periods, and during any warranty period. ii. The Contractor shall provide Certificates of Insurance with the coverage’s and endorsements required to the City as verification of coverage prior to contract execution and within fourteen (14) calendar days after written request from the City. Failure to provide the required Certificate of Insurance may subject the Offer to disqualification from consideration for award. The Contractor must also forward a Certificate of Insurance to the City whenever a previously identified policy period has expired, or an extension option or hold over period is exercised, as verification of continuing coverage. iii. The Contractor shall not commence work until the required insurance is obtained and until such insurance has been reviewed by the City. Approval of insurance by the City shall not relieve or decrease the liability of the Contractor hereunder and shall not be construed to be a limitation of liability on the part of the Contractor. iv. The Contractor must submit certificates of insurance to the City for all subcontractors prior to the subcontractors commencing work on the project. v. The Contractor’s and all subcontractors’ insurance coverage shall be written by companies licensed to do business in the State of Texas at the time the policies are issued and shall be written by companies with A.M. Best ratings of A- VII or better. The City will accept workers’ compensation coverage written by the Texas Workers’ Compensation Insurance Fund. vi. All endorsements naming the City as additional insured, waivers, and notices of cancellation endorsements as well as the Certificate of Insurance shall contain the solicitation number and the following information: City of Denton Materials Management Department 901B Texas Street Denton, Texas 76209 vii. The “other” insurance clause shall not apply to the City where the City is an additional insured shown on any policy. It is intended that policies required in the Contract, covering both the City and the Contractor, shall be considered primary coverage as applicable. DocuSign Envelope ID: F22B08FD-6163-4DBE-B44D-9B8D6FD30829 Contract # 7057 viii. If insurance policies are not written for amounts agreed to with the City, the Contractor shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage. ix. The City shall be entitled, upon request, at an agreed upon location, and without expense, to review certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies. x. The City reserves the right to review the insurance requirements set forth during the effective period of the Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as the Contractor. xi. The Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as required in the Contract. xii. The Contractor shall be responsible for premiums, deductibles and self-insured retentions, if any, stated in policies. All deductibles or self-insured retentions shall be disclosed on the Certificate of Insurance. xiii. The Contractor shall endeavor to provide the City thirty (30) calendar days’ written notice of erosion of the aggregate limits below occurrence limits for all applicable coverage’s indicated within the Contract. xiv. The insurance coverage’s specified in within the solicitation and requirements are required minimums and are not intended to limit the responsibility or liability of the Contractor. B. Specific Coverage Requirements: Specific insurance requirements are contained in the solicitation instrument. 33. CLAIMS: If any claim, demand, suit, or other action is asserted against the Contractor which arises under or concerns the Contract, or which could have a material adverse effect on the Contractor’s ability to perform thereunder, the Contractor shall give written notice thereof to the City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the City shall state the date of notification of any such claim, demand, suit, or other action; the names and addresses of the claimant(s); the basis thereof; and the name of each person against whom such claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City Hall, 215 East McKinney Street, Denton, Texas 76201. 34. NOTICES: Unless otherwise specified, all notices, requests, or other communications required or appropriate to be given under the Contract shall be in writing and shall be deemed delivered three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail, telefax, or other commercially accepted means. Notices to the Contractor shall be sent to the address specified in the Contractor’s Offer, or at such other address as a party may notify the other in writing. Notices to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked to the attention of the Purchasing Manager. DocuSign Envelope ID: F22B08FD-6163-4DBE-B44D-9B8D6FD30829 Contract # 7057 35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material submitted by the Contractor to the City shall become property of the City upon receipt. Any portions of such material claimed by the Contractor to be proprietary must be clearly marked as such. Determination of the public nature of the material is subject to the Texas Public Information Act, Chapter 552, and Texas Government Code. 36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title to the deliverables and (ii) the deliverables supplied by the Contractor in accordance with the specifications in the Contract will not infringe, directly or contributorily, any patent, trademark, copyright, trade secret, or any other intellectual property right of any kind of any third party; that no claims have been made by any person or entity with respect to the ownership or operation of the deliverables and the Contractor does not know of any valid basis for any such cl aims. The Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless from and against all liability, damages, and costs (including court costs and reasonable fees of attorneys and other professionals) arising out of or resulting from: (i) any claim that the City’s exercise anywhere in the world of the rights associated with the City’s’ ownership, and if applicable, license rights, and its use of the deliverables infringes the intellectual property rights of any third party; or (ii) the Contractor’s breach of any of Contractor’s representations or warranties stated in this Contract. In the event of any such claim, the City shall have the right to monitor such claim or at its option engage its own separate counsel to act as co -counsel on the City’s behalf. Further, Contractor agrees that the City’s specifications regarding the deliverables shall in no way diminish Contractor’s warranties or obligations under this paragraph and the City makes no warranty that the production, development, or delivery of such deliverables will not impact such warranties of Contractor. 37. CONFIDENTIALITY: In order to provide the deliverables to the City, Contractor may require access to certain of the City’s and/or its licensors’ confidential information (including inventions, employee information, trade secrets, confidential know-how, confidential business information, and other information which the City or its licensors consider confidential) (collectively, “Confidential Information”). Contractor acknowledges and agrees that the Confidential Information is the valuable property of the City and/or its licensors and any unauthorized use, disclosure, dissemination, or other release of the Confidential Information will substantially injure the City and/or its licensors. The Contractor (including its employees, subcontractors, agents, or representatives) agrees that it will maintain the Confidential Information in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise use the Confidential Information without the prior written consent of the City or in a manner not expressly permitted under this Agreement, unless the Confidential Information is required to be disclosed by law or an order of any court or other governmental authority with proper jurisdiction, provided the Contractor promptly notifies the City before disclosing such information so as to permit the City reasonable time to seek an appropriate protective order. The Contractor agrees to use protective measures no less stringent than the Contractor uses within its own business to protect its own most valuable information, which protective measures shall under all circumstances be at least reasonable measures to ensure the continued confidentiality of the Confidential Information. 38. OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and interests throughout the world in and to the deliverables. A. Patents. As to any patentable subject matter contained in the deliverables, the Contractor agrees DocuSign Envelope ID: F22B08FD-6163-4DBE-B44D-9B8D6FD30829 Contract # 7057 to disclose such patentable subject matter to the City. Further, if requested by the City, the Contractor agrees to assign and, if necessary, cause each of its employees to assign the entire right, title, and interest to specific inventions under such patentable subject matter to the City and to execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute, acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by the City, to the City upon request by the City. B. Copyrights. As to any deliverables containing copyrightable subject matter, the Contractor agrees that upon their creation, such deliverables shall be considered as work made-for-hire by the Contractor for the City and the City shall own all copyrights in and to such deliverables, provided however, that nothing in this Paragraph 38 shall negate the City’s sole or joint ownership of any such deliverables arising by virtue of the City’s sole or joint authorship of such deliverables. Should by operation of law, such deliverables not be considered works made-for-hire, the Contractor hereby assigns to the City (and agrees to cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver an assignment to the City of) all worldwide right, title, and interest in and to such deliverables. With respect to such work made- for-hire, the Contractor agrees to execute, acknowledge, and deliver and cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver a work- made-for-hire agreement, in a form to be reasonably approved by the City, to the City upon delivery of such deliverables to the City or at such other time as the City may request. C. Additional Assignments. The Contractor further agrees to, and if applicable, cause each of its employees to, execute, acknowledge, and deliver all applications, specifications, oaths, assignments, and all other instruments which the City might reasonably deem necessary in ord er to apply for and obtain copyright protection, mask work registration, trademark registration and/or protection, letters patent, or any similar rights in any and all countries and in order to assign and convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and interest in and to the deliverables. The Contractor’s obligations to execute, acknowledge, and deliver (or cause to be executed, acknowledged, and delivered) instruments or papers such as those described in this Paragraph 38 a., b., and c. shall continue after the termination of this Contract with respect to such deliverables. In the event the City should not seek to obtain copyright protection, mask work registration or patent protection for any of the deliverables, but should desire to keep the same secret, the Contractor agrees to treat the same as Confidential Information under the terms of Paragraph 37 above. 39. PUBLICATIONS: All published material and written reports submitted under the Contract must be originally developed material unless otherwise specifically provided in the Contract. When material not originally developed is included in a report in any form, the source shall be identified. 40. ADVERTISING: The Contractor shall not advertise or publish, without the City’s prior consent, the fact that the City has entered into the Contract, except to the extent required by law. 41. NO CONTINGENT FEES: The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure the Contract upon any agreement or understanding for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the City shall have the right, in addition to any other remedy available, to cancel the Contract without liability and to deduct from any DocuSign Envelope ID: F22B08FD-6163-4DBE-B44D-9B8D6FD30829 Contract # 7057 amounts owed to the Contractor, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 42. GRATUITIES: The City may, by written notice to the Contractor, cancel the Contract without liability if it is determined by the City that gratuities were offered or given by the Contra ctor or any agent or representative of the Contractor to any officer or employee of the City of Denton with a view toward securing the Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to the performing of such contract. In the event the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the Contractor in providing such gratuities. 43. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer, employee, independent consultant, or elected official of the City who is involved in the development, evaluation, or decision-making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation. Any willful violation of this section shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the Contractor shall render the Contract voidable by the City. The Contractor shall complete and submit the City’s Conflict of Interest Questionnaire. 44. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an employer/employee relationship, a partnership, or a joint venture. The Contractor’s services shall be those of an independent contractor. The Contractor agrees and understands that the Contract does not grant any rights or privileges established for employees of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker’s compensation, or any other City employee benefit. The City shall not have supervision and control of the Contractor or any employee of the Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. The contractor is expressly free to advertise and perform services for other parties while performing services for the City. 45. ASSIGNMENT-DELEGATION: The Contract shall be binding upon and ensure to the benefit of the City and the Contractor and their respective successors and assigns, provided however, that no right or interest in the Contract shall be assigned and no obligation shall be delegated by the Contractor without the prior written consent of the City. Any attempted assignment or delegation by the Contractor shall be void unless made in conformity with this paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity not a party hereto; it being the intention of the parties that there are no third party beneficiaries to the Contract. The Vendor shall notify the City’s Purchasing Manager, in writing, of a compan y name, ownership, or address change for the purpose of maintaining updated City records. The president of the company or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director’s resolution approving the action, or an executed DocuSign Envelope ID: F22B08FD-6163-4DBE-B44D-9B8D6FD30829 Contract # 7057 merger or acquisition agreement. Failure to do so may adversely impact future invoice payments. 46. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. No waiver by either the Contractor or the City of any one or more events of default by the other party shall operate as, or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an express or implied acceptance of any other existing or future default or defaults, whether of a similar or different character. 47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by both parties. No pre-printed or similar terms on any the Contractor invoice, order or other document shall have any force or effect to change the terms, covenants, and conditions of the Contract. 48. INTERPRETATION: The Contract is intended by the parties as a final, complete and exclusive statement of the terms of their agreement. No course of prior dealing between the parties or course of performance or usage of the trade shall be relevant to supplement or explain any term used in the Contract. Although the Contract may have been substantially drafted by one party, it is the intent of the parties that all provisions be construed in a manner to be fair to both parties, reading no provisions more strictly against one party or the other. Whenever a term defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC definition shall control, unless otherwise defined in the Contract. 49. DISPUTE RESOLUTION: A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party may make a written request for a meeting between representatives of each party within fourteen (14) calendar days after receipt of the request or such later period as agreed by the parties. Each party shall include, at a minimum, one (1) senior level individual with decision-making authority regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to mediation as described below. Negotiation may be waived by a written agreement signed by both parties, in which event the parties may proceed directly to mediation as described below. B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation skills to assist with resolution of the dispute. Should they choose this option; the City and the Contractor agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in the Contract prevents the parties from relying on the skills of a person who is trained in the subject matter of the dispute or a contract interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of initiation of the mediation process, the mediator shall be selected by the Denton County Alternative Dispute Resolution Program (DCAP). The parties agree to participate in mediation in good faith for up to thirty (30) calendar days from the date of the first mediation session. The City and the Contractor will share the mediator’s fees equally and the parties will bear their own costs of DocuSign Envelope ID: F22B08FD-6163-4DBE-B44D-9B8D6FD30829 Contract # 7057 participation such as fees for any consultants or attorneys they may utilize to represent them or otherwise assist them in the mediation. 50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by th e laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. All issues arising from this Contract shall be resolved in the courts of Denton County, Texas and the parties agree to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be construed or interpreted to limit or restrict the right or ability of the City to seek and secure injunctive relief from any competent authority as contemplated herein. 51. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the Contract shall in no way affect the validity or enforceability of any other portion or provision of the Contract. Any void provision shall be deemed severed from the Contract and the balance of the Contract shall be construed and enforced as if the Contract did not contain the particu lar portion or provision held to be void. The parties further agree to reform the Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Contract from being void should a provision which is the essence of the Contract be determined to be void. 52. HOLIDAYS: The following holidays are observed by the City: New Year’s Day (observed) MLK Day Memorial Day 4th of July Labor Day Thanksgiving Day Day After Thanksgiving Christmas Eve (observed) Christmas Day (observed) New Year’s Day (observed) If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any scheduled deliveries or work performance not within the normal hours of operation must be approved by the City Manager of Denton, Texas or his authorized designee. 53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose continuing obligations on the parties, including but not limited to the warranty, indemnity, and confidentiality obligations of the parties, shall survive the expiration or termination of the Contract. 54. NON-SUSPENSION OR DEBARMENT CERTIFICATION: The City of Denton is prohibited from contracting with or making prime or sub -awards to parties that are suspended or debarred or whose principals are suspended or debarred from Federal, State, or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its firm and its principals are not currently suspended or debarred from doing business with the Federal Government, as indicated by the General Services Administration List of Parties Excluded DocuSign Envelope ID: F22B08FD-6163-4DBE-B44D-9B8D6FD30829 Contract # 7057 from Federal Procurement and Non-Procurement Programs, the State of Texas, or the City of Denton. 55. EQUAL OPPORTUNITY A. Equal Employment Opportunity: No Offeror, or Offeror’s agent, shall engage in any discriminatory employment practice. No person shall, on the grounds of race, sex, sexual orientation, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected to discrimination under any activities resulting from this RFQ. B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror’s agent, shall engage in any discriminatory employment practice against individuals with disabilities as defined in the ADA. 56. BUY AMERICAN ACT-SUPPLIES (Applicable to certain federally funded requirements) The following federally funded requirements are applicable. A. Definitions. As used in this paragraph – i. "Component" means an article, material, or supply incorporated directly into an end product. ii. "Cost of components" means - (1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product. iii. "Domestic end product" means- (1) An unmanufactured end product mined or produced in the United States; or (2) An end product manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic. iv. "End product" means those articles, materials, and supplies to be acquired under the contract for public use. v. "Foreign end product" means an end product other than a domestic end product. vi. "United States" means the 50 States, the District of Columbia, and outlying areas. B. The Buy American Act (41 U.S.C. 10a - 10d) provides a preference for domestic end products for supplies acquired for use in the United States. C. The City does not maintain a list of foreign articles that will be treated as domestic for thi s Contract; but will consider for approval foreign articles as domestic for this product if the articles are on a list approved by another Governmental Agency. The Offeror shall submit documentation with their Offer demonstrating that the article is on an approved Governmental list. D. The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the Solicitation entitled "Buy American Act Certificate". 57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all information presented in any response to this contract, whether amended or not, except as DocuSign Envelope ID: F22B08FD-6163-4DBE-B44D-9B8D6FD30829 Contract # 7057 prohibited by law. Selection of rejection of the submittal does not affect this right. 58. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded contractor or supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the respondent. 59. PREVAILING WAGE RATES: The contractor shall comply with prevailing wage rates as defined by the United States Department of Labor Davis-Bacon Wage Determination at http://www.dol.gov/whd/contracts/dbra.htm and at the Wage Determinations website www.wdol.gov for Denton County, Texas (WD-2509). 60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor or supplier shall comply with all State, Federal, and Local laws and requirements. The Respondent must comply with all applicable laws at all times, including, without limitation, the following: (i) §36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas Penal Code, which prohibits the offering or conferring of benefits to public servants. The Respondent shall give all notices and comply with all laws and regulations applicable to furnishing and performance of the Contract. 61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Respondent shall demonstrate on- site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with issuance of Form W-2's to common law employees. Respondent is responsible for both federal and State unemployment insurance coverage and standard Workers’ Compensation insurance coverage. Respondent shall ensure compliance with all federal and State tax laws and withholding requirements. The City of Denton shall not be liable to Respondent or its employees for any Unemployment or Workers' Compensation cov erage, or federal or State withholding requirements. Contractor shall indemnify the City of Denton and shall pay all costs, penalties, or losses resulting from Respondent's omission or breach of this Section. 62. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions of the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701 ET SEQ.) and maintain a drug-free work environment; and the final rule, government-wide requirements for drug-free work place (grants), issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the Drug-Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be issued. 63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The Respondent shall be liable for all damages to government-owned, leased, or occupied property and equipment caused by the Respondent and its employees, agents, subcontractors, and suppliers, including any delivery or cartage company, in connection with any performance pursuant to the Contract. The Respondent shall notify the City of Denton Procurement Manager in writing of any such damage within one (1) calendar day. 64. FORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be responsible for performance under the Contract should it be prevented from performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault DocuSign Envelope ID: F22B08FD-6163-4DBE-B44D-9B8D6FD30829 Contract # 7057 or negligence of the City of Denton. In the event of an occurrence under this Section, the Respondent will be excused from any further performance or observance of the requirements so affected for as long as such circumstances prevail and the Respondent continues to use commercially reasonable efforts to recommence performance or observance whenever and to whatever extent possible without delay. The Respondent shall immediately notify the City of Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar days of the inception of such occurrence) and describe at a reasonable level of detail the circumstances causing the non-performance or delay in performance. 65. NON-WAIVER OF RIGHTS: Failure of a Party to require performance by another Party under the Contract will not affect the right of such Party to require performance in the future. No delay, failure, or waiver of either Party’s exercise or partial exercise of any right or remedy under the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right or remedy. A waiver by a Party of any breach of any term of the Contract will not be construed as a waiver of any continuing or succeeding breach. 66. NO WAIVER OF SOVEREIGN IMMUNITY: The Parties expressly agree that no provision of the Contract is in any way intended to constitute a waiver by the City of Denton of any immunities from suit or from liability that the City of Denton may have by operation of law. 67. RECORDS RETENTION: The Respondent shall retain all financial records, supporting documents, statistical records, and any other records or books relating to the performances called for in the Contract. The Respondent shall retain all such records for a period of four (4) years after the expiration of the Contract, or until the CPA or State Auditor's Office is satisfied that all audit and litigation matters are resolved, whichever period is longer. The Respondent shall grant access to all books, records and documents pertinent to the Contract to the CPA, the State Auditor of Texas, and any federal governmental entity that has authority to review records due t o federal funds being spent under the Contract. Should a conflict arise between any of the contract documents, it shall be resolved with the following order of precedence (if applicable). In any event, the final negotiated contract shall take precedence over any and all contract documents to the extent of such conflict. 1. Final negotiated contract 2. RFP/Bid documents 3. City’s standard terms and conditions 4. Purchase order 5. Supplier terms and conditions DocuSign Envelope ID: F22B08FD-6163-4DBE-B44D-9B8D6FD30829 Contract # 7057 Exhibit D INSURANCE REQUIREMENTS AND WORKERS’ COMPENSATION REQUIREMENTS Upon contract execution, all insurance requirements shall become contractual obligations, which the successful contractor shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Contractor shall file with the Purchasing Department satisfactory certificates of insurance including any applicable addendum or endorsements, containing the contract number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted:  Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A or better.  Any deductibles or self-insured retentions shall be declared in the proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.  Liability policies shall be endorsed to provide the following:  Name as Additional Insured the City of Denton, its Officials, Agents, Employees and volunteers.  That such insurance is primary to any other insurance available to the Additional Insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability.  Provide a Waiver of Subrogation in favor of the City of Denton, its officials, agents, employees, and volunteers.  Cancellation: City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. DocuSign Envelope ID: F22B08FD-6163-4DBE-B44D-9B8D6FD30829 Contract # 7057  Should any of the required insurance be provided under a claims made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered.  Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance.  Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:  Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage.  Coverage B shall include personal injury.  Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least:  Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures.  Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. DocuSign Envelope ID: F22B08FD-6163-4DBE-B44D-9B8D6FD30829 Contract # 7057 [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for:  any auto, or  all owned hired and non-owned autos. [X] Workers’ Compensation Insurance Contractor shall purchase and maintain Workers’ Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers’ Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an “occurrence" basis and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least $500,000.00 combined bodily injury and property damage per occurrence with a $1,000,000.00 aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than $1,000,000.00 per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be DocuSign Envelope ID: F22B08FD-6163-4DBE-B44D-9B8D6FD30829 Contract # 7057 provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Environmental Liability Insurance Environmental liability insurance for $1,000,000 to cover all hazards contemplated by this contract. [ ] Riggers Insurance The Contractor shall provide coverage for Rigger’s Liability. Said coverage may be provided by a Rigger’s Liability endorsement on the existing CGL coverage; through and Installation Floater covering rigging contractors; or through ISO form IH 00 91 12 11, Rigger’s Liability Coverage form. Said coverage shall mirror the limits provided by the CGL coverage [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a “blanket” basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than $ each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. DocuSign Envelope ID: F22B08FD-6163-4DBE-B44D-9B8D6FD30829 Contract # 7057 ATTACHMENT 1 [X] Workers’ Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitatio n, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been exten ded. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. a certificate of coverage, prior to that person beginning work on the DocuSign Envelope ID: F22B08FD-6163-4DBE-B44D-9B8D6FD30829 Contract # 7057 project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2. no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2. provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. obtain from each other person with whom it contracts, and provide to the contractor: a. a certificate of coverage, prior to the other person beginning work on the project; and DocuSign Envelope ID: F22B08FD-6163-4DBE-B44D-9B8D6FD30829 Contract # 7057 b. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6. notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor’s failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. DocuSign Envelope ID: F22B08FD-6163-4DBE-B44D-9B8D6FD30829 Contract # 7057 Exhibit E Certificate of Interested Parties Electronic Filing In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that the City may not enter into this contract unless the Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. Contractor will be required to furnish a Certificate of Interest Parties before the contract is awarded, in accordance with Government Code 2252.908. The contractor shall: 1. Log onto the State Ethics Commission Website at : https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm 2. Register utilizing the tutorial provided by the State 3. Print a copy of the completed Form 1295 4. Enter the Certificate Number on page 2 of this contract. 5. Complete and sign the Form 1295 6. Email the form to purchasing@cityofdenton.com with the contract number in the subject line. (EX: Contract 1234 – Form 1295) The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission’s website within seven business days. DocuSign Envelope ID: F22B08FD-6163-4DBE-B44D-9B8D6FD30829 Contract # 7057 Exhibit F Respondent's Business Name:Radiant Geospatial Solutions LLC Principal Place of Business (City and State)Gaithersburg, Maryland, USA RFP -7057 Pricing Sheet for WEATHER FORECASTING SERVICES Product Proposal Pricing (PRICING SHALL INCLUDE ALL COSTS TO DELIVER GOODS AS SPECIFIED F.O.B DESTINATION): Line EST. ANNUAL QTY UOM Product Description Indicate % Savings for package option Unit Price (Annual) Total Contract Price (3 Year cost) Estimated Implementation ARO (Days) Section 1 3 1 YR WIND OUTPUT RENEWABLE FORECASTING SERVICE 12,000.00$ 36,000.00$ 1 business day 4 1 YR SOLAR OUTPUT RENEWABLE FORECASTING SERVICE 8,000.00$ 24,000.00$ 1 business day Total Cost of Products (3 year)60,000.00$ Pricing must be provided as separate services, allowing the City to select and award by section. Offers that do not allow the City to select individual services will not be considered. Section 5 is an alternate section, which may or may not be selected by the City. This section is for potential package savings. Suppliers are invited to list package options showing the savings available. The City has the option to award by section or group of sections, whichever is the most advantageous to the City. The respondent shall complete the following sections, which directly corresponds to the specifications. DocuSign Envelope ID: F22B08FD-6163-4DBE-B44D-9B8D6FD30829 Exhibit CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relat ionship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Sec tion 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this s ection is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information in this section is being disclosed. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local gov ernment officer serves as an officer or director, or holds an ownership of one percent or more? Yes No D. Describe each employment or business and family relationship with the local government officer named in this section. 4 I have no Conflict of Interest to disclose. 5 Signature of vendor doing business with the governmental entity Date DocuSign Envelope ID: F22B08FD-6163-4DBE-B44D-9B8D6FD30829 G Radiant Geospatial Solutions LLC Certificate Of Completion Envelope Id: F22B08FD61634DBEB44D9B8D6FD30829 Status: Sent Subject: Please DocuSign: City Council Contract 7057 Weather Forecasting Service - Radiant Source Envelope: Document Pages: 33 Signatures: 1 Envelope Originator: Certificate Pages: 6 Initials: 1 Monisa Rogers AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 Monisa.Rogers@cityofdenton.com IP Address: 129.120.6.150 Record Tracking Status: Original 7/11/2019 3:56:36 PM Holder: Monisa Rogers Monisa.Rogers@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Monisa Rogers monisa.rogers@cityofdenton.com Senior Buyer City Of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 129.120.6.150 Sent: 7/11/2019 4:00:41 PM Viewed: 7/11/2019 4:00:52 PM Signed: 7/11/2019 4:02:25 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 129.120.6.150 Sent: 7/11/2019 4:02:28 PM Viewed: 7/11/2019 4:13:53 PM Signed: 7/11/2019 4:21:54 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Mack Reinwand mack.reinwand@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 129.120.6.150 Sent: 7/11/2019 4:21:56 PM Viewed: 7/11/2019 4:40:36 PM Signed: 7/11/2019 4:41:26 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Dan Donovan Dan.Donovan@maxar.com Sr, Contracts Manager Security Level: Email, Account Authentication (None) Sent: 7/11/2019 4:41:28 PM Resent: 7/15/2019 1:30:57 PM Resent: 7/15/2019 1:31:21 PM Viewed: 7/16/2019 9:32:45 AM Electronic Record and Signature Disclosure: Accepted: 7/16/2019 9:32:45 AM ID: eab798f3-9120-431a-b0aa-2110a23f3ba1 Terry Naulty terry.naulty@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Signer Events Signature Timestamp Not Offered via DocuSign Cheyenne Defee cheyenne.defee@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Todd Hileman Todd.Hileman@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/25/2017 11:02:14 AM ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21 Rosa Rios rosa.rios@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Cheyenne Defee cheyenne.defee@cityofdenton.com Paralegal City of Denton Security Level: Email, Account Authentication (None) Sent: 7/11/2019 4:02:27 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Sherri Thurman sherri.thurman@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Sent: 7/11/2019 4:02:27 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane Richardson jane.richardson@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status Timestamp Stephen Johnson stephen.johnson@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 7/15/2019 1:31:21 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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Docusign City Council Transmittal Coversheet File Name Purchasing Contact City Council Target Date Piggy Back Option Contract Expiration Ordinance DocuSign Envelope ID: B0E586B8-C231-4B8A-9AD5-AAB17D5F27D8 WEATHER FORECASTING SERVICE - PRT RFP Jane Rogers Yes 7057 Contract # 7057 CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND PATTERN RECOGNITION TECHNOLOGIES, INC. (CONTRACT 7057) THIS CONTRACT is made and entered into this date ______________________, by and between Pattern Recognition Technologies, Inc., a Texas corporation, whose address is 14185 Dallas Pkwy., Suite 850, Dallas TX 75254, hereinafter referred to as "Contractor," and the CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and subsequent execution of this Contract by the Denton City Manager or his duly authorized designee. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: SCOPE OF SERVICES Supplier shall provide products and/or services in accordance with the City’s document RFP 7057 Weather Forecasting Service, a copy of which is on file at the office of Purchasing Agent and incorporated herein for all purposes. The Contract consists of this written agreement and the following items which are attached hereto and incorporated herein by reference: (a) Special Terms and Conditions (Exhibit “A”); (b) City of Denton’s RFP 7057 (Exhibit “B” on File at the Office of the Purchasing Agent); (c) City of Denton Standard Terms and Conditions (Exhibit “C”); (d) Insurance Requirements (Exhibit “D”); (e) Certificate of Interested Parties Electronic Filing (Exhibit "E"); (f) Contractor’s Proposal (Exhibit "F"); (g) Form CIQ – Conflict of Interest Questionnaire (Exhibit "G"); These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to the written agreement then to the contract documents in the order in which they are listed above. These documents shall be referred to collectively as “Contract Documents.” Prohibition on Contracts with Companies Boycotting Israel Supplier acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms “boycott Israel” and “company” shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this agreement, Supplier certifies that Supplier’s signature provides written verification to the City that Supplier: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the agreement. Failure to meet or maintain the requirements under this provision will be considered a material breach. Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or a Foreign Terrorist Organization DocuSign Envelope ID: B0E586B8-C231-4B8A-9AD5-AAB17D5F27D8 Contract # 7057 Section 2252 of the Texas Government Code restricts CITY from contracting with companies that do business with Iran, Sudan, or a foreign terrorist organization. By signing this agreement, Supplier certifies that Supplier’s signature provides written verification to the City that Supplier, pursuant to Chapter 2252, is not ineligible to enter into this agreement and will not become ineligible to receive payments under this agreement by doing business with Iran, Sudan, or a foreign terrorist organization. Failure to meet or maintain the requirements under this provision will be considered a material breach. The parties agree to transact business electronically. Any statutory requirements that certain terms be in writing will be satisfied using electronic documents and signing. Electronic signing of this document will be deemed an original for all legal purposes. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. CONTRACTOR BY: ______________________________ AUTHORIZED SIGNATURE Date: _______________________________ Printed Name: ________________________ Title: _______________________________ ___________________________________ PHONE NUMBER ___________________________________ EMAIL ADDRESS ___________________________________ APPROVED AS TO LEGAL FORM: TEXAS ETHICS COMMISSION AARON LEAL, CITY ATTORNEY CERTIFICATE NUMBER BY: __________________________________ CITY OF DENTON, TEXAS ATTEST: ROSA RIOS, CITY SECRETARY BY: ______________________ TODD HILEMAN BY: _________________________________ CITY MANAGER Date: THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. _______________ ________________ SIGNATURE PRINTED NAME __________________________________ TITLE __________________________________ DEPARTMENT DocuSign Envelope ID: B0E586B8-C231-4B8A-9AD5-AAB17D5F27D8 laudan@prt-inc.com 7/11/2019 2146925252 VP, Technical Sales Laudan Khotanzad xxx Denton Municipal Electric Assistant General Manager Terry Naulty Contract # 7057 Exhibit A Special Terms and Conditions 1. Total Contract Amount The total contract for Line 1, Load Forecasting Service of RFP 7057, which Line 1 only is awarded by this Contract for the supply of Weather Forecasting Service, shall not exceed $118,800.00. Pricing shall be per Exhibit F attached. 2. Contract Terms The contract term will be three (3) years, effective from date of award or notice to proceed as determined by the City of Denton Purchasing Department. At the sole option of the City of Denton, The contract may be further extended as needed, not to exceed a total of six (6) months. 3. Price Escalation and De-escalation The City will implement an escalation/de-escalation price adjustment annually. The escalation/de- escalation will be based upon manufacturer published pricing sheets to the vendor. The price will be increased or decreased based upon the annually percentage change in the manufacturer’s price list. The price adjustment will be determined annually from the award date. Should the change exceed or decrease a minimum threshold value of +/-1%, then the stated eligible bid prices shall be adjusted in accordance with the published price change. It is the supplier or the Cities responsibility to request a price adjustment annually in writing. If no request is made, then it will be assumed that the bid price will be in effect. The supplier must submit or make available the manufacturers pricing sheet used to calculate the bid proposal, to participate in the escalation/de-escalation clause. DocuSign Envelope ID: B0E586B8-C231-4B8A-9AD5-AAB17D5F27D8 Contract # 7057 Exhibit C Standard Purchase Terms and Conditions These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other requirements included in the City of Denton’s contract are applicable to contracts/purchase orders issued by the City of Denton hereinafter referred to as the City or Buyer and the Seller or respondent herein after referred to as Contractor or Supplier. Any deviations must be in writing and signed by a representative of the City’s Procurement Department and the Supplier. No Terms and Conditions contained in the seller’s proposal response, invoice or statement shall serve to modify the terms set forth herein. If there is a conflict between the provisions on the face of the contract/purchase order these written provisions will take precedence. The Contractor agrees that the contract shall be governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a solicitatio n to purchase goods, and sections 9, 10, 11, 22 and 32 shall apply only to a solicitation to purchase services to be performed principally at the City’s premises or on public rights-of-way. 1. CONTRACTOR’S OBLIGATIONS. The Contractor shall fully and timely provide all deliverables described in the Solicitation and in the Contractor’s Offer in strict accordance with the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local laws, rules, and regulations. 2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract shall be effective as of the date the contract is signed by the City, and shall continue in effect until all obligations are performed in accordance with the Contract. 3. CONTRACTOR TO PACKAGE DELIVERABLES: The Contractor will package deliverables in accordance with good commercial practice and shall include a packing list showing the description of each item, the quantity and unit price unless otherwise provided in the Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly and permanently marked as follows: (a) The Contractor's name and address, (b) the City’s name, address and purchase order or purchase release number and the price agreement number if applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container bearing the packing list. The Contractor shall bear cost of packaging. Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all the requirements of common carriers and any applicable specification. The City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 4. SHIPMENT UNDER RESERVATION PROHIBITED: The Contractor is not authorized to ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of deliverables. 5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City only when the City actually receives and accepts the deliverables. DocuSign Envelope ID: B0E586B8-C231-4B8A-9AD5-AAB17D5F27D8 Contract # 7057 6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and Conditions. Unless otherwise stated in the Offer, the Contractor’s price shall be deemed to include all delivery and transportation charges. The City shall have the right to designate what method of transportation shall be used to ship the deliverables. The place of delivery shall be that set forth the purchase order. 7. RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under law, including, but not limited to the Uniform Commercial Code, to inspect the deliverables at delivery before accepting them, and to reject defective or non-conforming deliverables. If the City has the right to inspect the Contractor’s, or the Contractor’s Subcontractor’s, facilities, or the deliverables at the Contractor’s, or the Contractor’s Subcontractor’s, premises, the Contractor shall furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance to the City to facilitate such inspection. 8. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables must fully comply with all provisions of the Contract as to time of delivery, quality, and quantity. Any non-complying tender shall constitute a breach and the Contractor shall not have the right to substitute a conforming tender; provided, where the time for performance has not yet expired, the Contractor may notify the City of the intention to cure and may then make a conforming tender within the time allotted in the contract. 9. PLACE AND CONDITION OF WORK: The City shall provide the Contractor access to the sites where the Contractor is to perform the services as required in order for the Contractor to perform the services in a timely and efficient manner, in accordance with and subject to the applicable security laws, rules, and regulations. The Contractor acknowledges that it has satisfied itself as to the nature of the City’s service requirements and specifications, the location and essential characteristics of the work sites, the quality and quantity of materials, equipment, labor and facilities necessary to perform the services, and any other condition or state of fact which could in any way affect performance of the Contractor’s obligations under the contract. The Contractor hereby releases and holds the City harmless from and against any liability or claim for damages of any kind or nature if the actual site or service conditions differ from expected conditions. The contractor shall, at all times, exercise reasonable precautions for the safety of their employees, City Staff, participants and others on or near the City’s facilities. 10. WORKFORCE A. The Contractor shall employ only orderly and competent workers, skilled in the performance of the services which they will perform under the Contract. B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while engaged in participating or responding to a solicitation or while in the course and scope of delivering goods or services under a City of Denton contract or on the City's property . i. use or possess a firearm, including a concealed handgun that is licensed under state law, except as required by the terms of the contract; or ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. C. If the City or the City's representative notifies the Contractor that any worker is incompetent, DocuSign Envelope ID: B0E586B8-C231-4B8A-9AD5-AAB17D5F27D8 Contract # 7057 disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the Contractor shall immediately remove such worker from Contract services, and may not employ such worker again on Contract services without the City's prior written consent. Immigration: The Contractor represents and warrants that it shall comply with the requirements of the Immigration Reform and Control Act of 1986 and 1990 regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor or services under the Contract and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA) enacted on September 30, 1996. 11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS: The Contractor, it’s Subcontractors, and their respective employees, shall comply fully with all applicable federal, state, and local health, safety, and environmental laws, ordinances, rules and regulations in the performance of the services, including but not limited to those promulgated by the City and by the Occupational Safety and Health Administration (OSHA). In case of conflict, the most stringent safety requirement shall govern. The Contractor shall indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments, fines, penalties and liability of every kind arising from the breach of the Contractor’s obligations under this paragraph. Environmental Protection: The Respondent shall be in compliance with all applicable standards, orders, or regulations issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 et seq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. §1251 et seq.). 12. INVOICES: A. The Contractor shall submit separate invoices in duplicate on each purchase order or purchase release after each delivery. If partial shipments or deliveries are authorized by the City, a separate invoice must be sent for each shipment or delivery made. B. Proper Invoices must include a unique invoice number, the purchase order or delivery order number and the master agreement number if applicable, the Department’s Name, and the name of the point of contact for the Department. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, shall be attached to the invoice. The Contractor’s name, remittance address and, if applicable, the tax identification number on the invoice must exactly match the information in the Vendor’s registration with the City. Unless otherwise instructed in writing, the City may rely on the remittance address specified on the Contractor’s invoice. C. Invoices for labor shall include a copy of all time-sheets with trade labor rate and deliverables order number clearly identified. Invoices shall also include a tabulation of work-hours at the appropriate rates and grouped by work order number. Time billed for labor shall be limited to hours actually worked at the work site. D. Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all Subcontract and other authorized expenses at actual cost without markup. E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced amount. The City will furnish a tax exemption certificate upon request. DocuSign Envelope ID: B0E586B8-C231-4B8A-9AD5-AAB17D5F27D8 Contract # 7057 13. PAYMENT: A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within thirty (30) calendar days of the City’s receipt of the deliverables or of the invoice being received in Accounts Payable, whichever is later. B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or the maximum lawful rate; except, if payment is not timely made for a reason for which the City may withhold payment hereunder, interest shall not accrue until ten (10) calendar days after the grounds for withholding payment have been resolved. C. If partial shipments or deliveries are authorized by the City, the Contractor will be paid for the partial shipment or delivery, as stated above, provided that the invoice matches the shipment or delivery. D. The City may withhold or set off the entire payment or part of any payment otherwise due the Contractor to such extent as may be necessary on account of: i. delivery of defective or non-conforming deliverables by the Contractor; ii. third party claims, which are not covered by the insurance which the Contractor is required to provide, are filed or reasonable evidence indicating probable filing of such claims; iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment; iv. damage to the property of the City or the City’s agents, employees or contractors, which is not covered by insurance required to be provided by the Contractor; v. reasonable evidence that the Contractor’s obligations will not be completed within the time specified in the Contract, and that the unpaid balance would not be adequate to cover actual or damages for the anticipated delay; vi. failure of the Contractor to submit proper invoices with purchase order number, with all required attachments and supporting documentation; or vii. failure of the Contractor to comply with any material provision of the Contract Documents. E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton for delinquent taxes, the City may offset indebtedness owed the City through payment withholding. F. Payment will be made by check unless the parties mutually agree to payment by credit card or electronic transfer of funds. The Contractor agrees that there shall be no additional charges, surcharges, or penalties to the City for payments made by credit card or electronic funds transfer. G. The awarding or continuation of this contract is dependent upon the availability of funding. The City’s payment obligations are payable only and solely from funds Appropriated and available for this contract. The absence of Appropriated or other lawfully available funds shall render the Contract null and void to the extent funds are not Appropriated or available and any deliverables delivered but unpaid shall be returned to the Contractor. The City shall provide the Contractor written notice of the failure of the City to make an adequate Appropriation for any fiscal year to pay the amounts due under the Contract, or the reduction of any Appropriation to an amount insufficient to permit the City to pay its obligations under the Contract. In the event of none or inadequate appropriation of funds, there will be no penalty nor removal fees charged to the City. 14. TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the Contract shall be paid by the Contractor, unless otherwise stated in the contract terms. During the term of this contract, the contractor shall bill and the City shall reimburse contractor for all reasonable and approved out of pocket expenses which are incurred in the connection with the performance of duties hereunder. Notwithstanding the foregoing, expenses for the time spent by DocuSign Envelope ID: B0E586B8-C231-4B8A-9AD5-AAB17D5F27D8 Contract # 7057 the contractor in traveling to and from City facilities shall not be reimbursed, unless otherwise negotiated. 15. FINAL PAYMENT AND CLOSE-OUT: A. If a DBE/MBE/WBE Program Plan is agreed to and the Contractor has identified Subcontractors, the Contractor is required to submit a Contract Close-Out MBE/WBE Compliance Report to the Purchasing Manager no later than the 15th calendar day after completion of all work under the contract. Final payment, retainage, or both may be withheld if the Contractor is not in compliance with the requirements as accepted by the City. B. The making and acceptance of final payment will constitute: i. a waiver of all claims by the City against the Contractor, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Contractor’s continuing obligations under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the City’s right to audit; and ii. a waiver of all claims by the Contractor against the City other than those previously asserted in writing and not yet settled. 16. SPECIAL TOOLS & TEST EQUIPMENT: If the price stated on the Offer includes the cost of any special tooling or special test equipment fabricated or required by the Contractor for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the City and shall be identified by the Contractor as such. 17. RIGHT TO AUDIT: A. The City shall have the right to audit and make copies of the books, records and computations pertaining to the Contract. The Contractor shall retain such books, records, documents and other evidence pertaining to the Contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within ten (10) business days of written request. Further, the Contractor shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to the Contract, and to allow the City similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the City unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the Contractor which must be payable within five (5) business days of receipt of an invoice. B. Failure to comply with the provisions of this section shall be a material breach of the Contract and shall constitute, in the City’s sole discretion, grounds for termination thereof. Each of the terms “books”, “records”, “documents” and “other evidence”, as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. 18. SUBCONTRACTORS: A. If the Contractor identified Subcontractors in a DBE/MBE/WBE agreed to Plan, the Contractor shall comply with all requirements approved by the City. The Contractor shall not initially employ any Subcontractor except as provided in the Contractor’s Plan. The Contractor shall not substitute any Subcontractor identified in the Plan, unless the substitute has been accepted by the City in DocuSign Envelope ID: B0E586B8-C231-4B8A-9AD5-AAB17D5F27D8 Contract # 7057 writing. No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or remedies of the City with respect to defective deliverables provided by a Subcontractor. If a Plan has been approved, the Contractor is additionally required to submit a monthly Subcontract Awards and Expenditures Report to the Procurement Manager, no later than the tenth calendar day of each month. B. Work performed for the Contractor by a Subcontractor shall be pursuant to a writt en contract between the Contractor and Subcontractor. The terms of the subcontract may not conflict with the terms of the Contract, and shall contain provisions that: i. require that all deliverables to be provided by the Subcontractor be provided in strict accordance with the provisions, specifications and terms of the Contract; ii. prohibit the Subcontractor from further subcontracting any portion of the Contract without the prior written consent of the City and the Contractor. The City may require, as a condition to such further subcontracting, that the Subcontractor post a payment bond in form, substance and amount acceptable to the City; iii. require Subcontractors to submit all invoices and applications for payments, including any claims for additional payments, damages or otherwise, to the Contractor in sufficient time to enable the Contractor to include same with its invoice or application for payment to the City in accordance with the terms of the Contract; iv. require that all Subcontractors obtain and maintain, throughout the term of their contract, insurance in the type and amounts specified for the Contractor, with the City being a named insured as its interest shall appear; and v. require that the Subcontractor indemnify and hold the City harmless to the same extent as the Contractor is required to indemnify the City. C. The Contractor shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the Contractor is responsible for the Contractor's own acts and omissions. Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual relationship between the City and any such Subcontractor, nor shall it create any obligation on the part of the City to pay or to see to the payment of any moneys due any such Subcontractor except as may otherwise be required by law. D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the Contractor not later than ten (10) calendar days after receipt of payment from the City. 19. WARRANTY-PRICE: A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's current prices on orders by others for like deliverables under similar terms of purchase. B. The Contractor certifies that the prices in the Offer have been arrived at independently without consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such fees with any other firm or with any competitor. C. In addition to any other remedy available, the City may deduct from any amounts owed to the Contractor, or otherwise recover, any amounts paid for items in excess of the Contractor's current prices on orders by others for like deliverables under similar terms of purchase. 20. WARRANTY – TITLE: The Contractor warrants that it has good and indefeasible title to all deliverables furnished under the Contract, and that the deliverables are free and clear of all liens, claims, security interests and encumbrances. The Contractor shall indemnify and hold the City harmless from and against all adverse title claims to the deliverables. DocuSign Envelope ID: B0E586B8-C231-4B8A-9AD5-AAB17D5F27D8 Contract # 7057 21. WARRANTY – DELIVERABLES: The Contractor warrants and represents that all deliverables sold the City under the Contract shall be free from defects in design, workmanship or manufacture, and conform in all material respects to the specifications, drawings, and descriptions in the Solicitation, to any samples furnished by the Contractor, to the terms, covenants and conditions of the Contract, and to all applicable State, Federal or local laws, rules, and regulations, and industry codes and standards. Unless otherwise stated in the Solicitation, the deliverables shall be new or recycled merchandise, and not used or reconditioned. A. Recycled deliverables shall be clearly identified as such. B. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law; and any attempt to do so shall be without force or effect. C. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the date of acceptance of the deliverables or from the date of acceptance of any replacement deliverables. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand either repair the non-conforming deliverables, or replace the non-conforming deliverables with fully conforming deliverables, at the City’s option and at no additional cost to the City. All costs incidental to such repair or replacement, including but not limited to, any packaging and shipping costs shall be borne exclusively by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach of warranty, but failure to give timely notice shall not impair the City’s rights under this section. D. If the Contractor is unable or unwilling to repair or replace defective or non-conforming deliverables as required by the City, then in addition to any other available remedy, the City may reduce the quantity of deliverables it may be required to purchase under the Contract from the Contractor, and purchase conforming deliverables from other sources. In such event , the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such deliverables from another source. E. If the Contractor is not the manufacturer, and the deliverables are covered by a separate manufacturer’s warranty, the Contractor shall transfer and assign such manufacturer’s warranty to the City. If for any reason the manufacturer’s warranty cannot be fully transferred to the City, the Contractor shall assist and cooperate with the City to the fullest extent to enforce such manufacturer’s warranty for the benefit of the City. 22. WARRANTY – SERVICES: The Contractor warrants and represents that all services to be provided the City under the Contract will be fully and timely performed in a good and workmanlike manner in accordance with generally accepted industry standards and practices, the terms, conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules or regulations. A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law, and any attempt to do so shall be without force or effect. B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the Acceptance Date. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand perform the services again in accordance with above standard at no additional cost to the City. All costs incidental to such additional performance shall be borne by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach warranty, but failure to give timely notice shall not impair the City’s rights under this section. DocuSign Envelope ID: B0E586B8-C231-4B8A-9AD5-AAB17D5F27D8 Contract # 7057 C. If the Contractor is unable or unwilling to perform its services in accordance with the above standard as required by the City, then in addition to any other available remedy, the City may reduce the amount of services it may be required to purchase under the Contract from the Contractor, and purchase conforming services from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such services from another source. 23. ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES: If, instead of requiring immediate correction or removal and replacement of defective or non - conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay all claims, costs, losses and damages attributable to the City’s evaluation of and determination to accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non-conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Contractor. 24. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to question the other party’s intent to perform, demand may be made to the other party for written assurance of the intent to perform. In the event that no assurance is given within the time specified after demand is made, the demanding party may treat this failure as an anticipatory repudiation of the Contract. 25. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event the Contractor is observed performing in a manner that is in violation of Federal, State, or local guidelines, or in a manner that is determined by the City to be unsafe to either life or property. Upon notification, the Contractor will cease all work until notified by the City that the violation or unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by the City as a result of the issuance of such Stop Work Notice. 26. DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails to fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in Contractor’s Offer, or in any report or deliverable required to be submitted by the Contractor to the City. 27. TERMINATION FOR CAUSE: In the event of a default by the Contractor, the City shall have the right to terminate the Contract for cause, by written notice effective ten (10) calendar days, unless otherwise specified, after the date of such notice, unless the Contractor, within such ten (10) day period, cures such default, or provides evidence sufficient to prove to the City’s reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy available under law or in equity, the City shall be entitled to recover all actual damages, costs, losses and expenses, incurred by the City as a result of the Contractor’s default, including, without limitation, cost of cover, reasonable attorneys’ fees, court costs, and prejudgment and post- judgment interest at the maximum lawful rate. Additionally, in the event of a default by the Contractor, the City may remove the Contractor from the City’s vendor list for three (3) years and any Offer submitted by the Contractor may be disqualified for up to three (3) years. All rights and remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by law. DocuSign Envelope ID: B0E586B8-C231-4B8A-9AD5-AAB17D5F27D8 Contract # 7057 28. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the Contract, in whole or in part, without cause any time upon thirty (30) calendar days’ prior written notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further work pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The City shall pay the Contractor, to the extent of funds Appropriated or otherwise legally available for such purposes, for all goods delivered and services performed and obligations incurred prior to the date of termination in accordance with the terms hereof. 29. FRAUD: Fraudulent statements by the Contractor on any Offer or in any report or deliverable required to be submitted by the Contractor to the City shall be grounds for the termination of the Contract for cause by the City and may result in legal action. 30. DELAYS: A. The City may delay scheduled delivery or other due dates by written notice to the Contractor if the City deems it is in its best interest. If such delay causes an increase in the cost of the work under the Contract, the City and the Contractor shall negotiate an equitable adjustment for costs incurred by the Contractor in the Contract price and execute an amendment to the Contract. The Contractor must assert its right to an adjustment within thirty (30) calendar days from the date of receipt of the notice of delay. Failure to agree on any adjusted price shall be han dled under the Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall excuse the Contractor from delaying the delivery as notified. B. Neither party shall be liable for any default or delay in the performance of its obligations under this Contract if, while and to the extent such default or delay is caused by acts of God, fire, riots, civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond the reasonable control of such Party. In the event of default or delay in contract performance due to any of the foregoing causes, then the time for completion of the services will be extended; provided, however, in such an event, a conference will be held within three (3) business days to establish a mutually agreeable period of time reasonably necessary to overcome the effect of such failure to perform. 31. INDEMNITY: A. Definitions: i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action, judgments and liability of every character, type or description, including all reasonable costs and expenses of litigation, mediation or other alternate dispute resolution mechanism, including attorney and other professional fees for: (1) damage to or loss of the property of any person (including, but not limited to the City, the Contractor, their respective agents, officers, employees and subcontractors; the officers, agents, and employees of such subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or wages to any person (including but not limited to the agents, officers and employees of the City, the Contractor, the Contractor’s subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non- conforming deliverables, negligence, willful misconduct or a breach of any legally imposed strict liability standard. B. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CITY), INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL DocuSign Envelope ID: B0E586B8-C231-4B8A-9AD5-AAB17D5F27D8 Contract # 7057 INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO, CONCERNING OR RESULTING FROM THE FAULT OF THE CONTRACTOR, OR THE CONTRACTOR'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THE CONTRACTOR’S OBLIGATIONS UNDER THE CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF THE CITY OR THE CONTRACTOR (INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE LIABLE FOR AN INDEMNIFIED CLAIM. 32. INSURANCE: The following insurance requirements are applicable, in addition to the specific insurance requirements detailed in Appendix A for services only. The successful firm shall procure and maintain insurance of the types and in the minimum amounts acceptable to the City of Denton. The insurance shall be written by a company licensed to do business in the State of Texas and satisfactory to the City of Denton. A. General Requirements: i. The Contractor shall at a minimum carry insurance in the types and amounts indicated and agreed to, as submitted to the City and approved by the City within the procurement process, for the duration of the Contract, including extension options and hold over periods, and during any warranty period. ii. The Contractor shall provide Certificates of Insurance with the coverage’s and endorsements required to the City as verification of coverage prior to contract execution and within fourteen (14) calendar days after written request from the City. Failure to provide the required Certificate of Insurance may subject the Offer to disqualification from consideration for award. The Contractor must also forward a Certificate of Insurance to the City whenever a previously identified policy period has expired, or an extension option or hold over period is exercised, as verification of continuing coverage. iii. The Contractor shall not commence work until the required insurance is obtained and until such insurance has been reviewed by the City. Approval of insurance by the City shall not relieve or decrease the liability of the Contractor hereunder and shall not be construed to be a limitation of liability on the part of the Contractor. iv. The Contractor must submit certificates of insurance to the Cit y for all subcontractors prior to the subcontractors commencing work on the project. v. The Contractor’s and all subcontractors’ insurance coverage shall be written by companies licensed to do business in the State of Texas at the time the policies are iss ued and shall be written by companies with A.M. Best ratings of A- VII or better. The City will accept workers’ compensation coverage written by the Texas Workers’ Compensation Insurance Fund. vi. All endorsements naming the City as additional insured, waivers, and notices of cancellation endorsements as well as the Certificate of Insurance shall contain the solicitation number and the following information: City of Denton Materials Management Department 901B Texas Street Denton, Texas 76209 vii. The “other” insurance clause shall not apply to the City where the City is an additional insured shown on any policy. It is intended that policies required in the Contract, covering both the City and the Contractor, shall be considered primary coverage as applicable. DocuSign Envelope ID: B0E586B8-C231-4B8A-9AD5-AAB17D5F27D8 Contract # 7057 viii. If insurance policies are not written for amounts agreed to with the City, the Contractor shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage. ix. The City shall be entitled, upon request, at an agreed upon location, and without expense, to review certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies. x. The City reserves the right to review the insurance requirements set forth during the effective period of the Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as the Contractor. xi. The Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as required in the Contract. xii. The Contractor shall be responsible for premiums, deductibles and self-insured retentions, if any, stated in policies. All deductibles or self-insured retentions shall be disclosed on the Certificate of Insurance. xiii. The Contractor shall endeavor to provide the City thirty (30) calendar days’ written notice of erosion of the aggregate limits below occurrence limits for all applicable coverage’s indicated within the Contract. xiv. The insurance coverage’s specified in within the solicitation and requirements are required minimums and are not intended to limit the responsibility or liability of the Contractor. B. Specific Coverage Requirements: Specific insurance requirements are contained in the solicitation instrument. 33. CLAIMS: If any claim, demand, suit, or other action is asserted against the Contractor which arises under or concerns the Contract, or which could have a material adverse effect on the Contractor’s ability to perform thereunder, the Contractor shall give written notice thereof to the City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the City shall state the date of notification of any such claim, demand, suit, or other action; the names and addresses of the claimant(s); the basis thereof; and the name of each person against whom such claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City Hall, 215 East McKinney Street, Denton, Texas 76201. 34. NOTICES: Unless otherwise specified, all notices, requests, or other communications required or appropriate to be given under the Contract shall be in writing and shall be deemed delivered three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail, telefax, or other commercially accepted means. Notices to the Contractor shall be sent to the address specified in the Contractor’s Offer, or at such other address as a party may notify the other in writing. Notices to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked to the attention of the Purchasing Manager. DocuSign Envelope ID: B0E586B8-C231-4B8A-9AD5-AAB17D5F27D8 Contract # 7057 35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material submitted by the Contractor to the City shall become property of the City upon receipt. Any portions of such material claimed by the Contractor to be proprietary must be clearly marked as such. Determination of the public nature of the material is subject to the Texas Public Information Act, Chapter 552, and Texas Government Code. 36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title to the deliverables and (ii) the deliverables supplied by the Contractor in accordance with the specifications in the Contract will not infringe, directly or contributorily, any patent, trademark, copyright, trade secret, or any other intellectual property right of any kind of any third party; that no claims have been made by any person or entity with respect to the ownership or operation of the deliverables and the Contractor does not know of any valid basis for any such claims. The Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless from and against all liability, damages, and costs (including court costs and reasonable fees of attorneys and other professionals) arising out of or resulting from: (i) any claim that the City’s exercise anywhere in the world of the rights associated with the City’s’ ownership, and if applicable, license rights, and its use of the deliverables infringes the intellectual property rights of any third party; or (ii) the Contractor’s breach of any of Contractor’s representations or warranties stated in this Contract. In the event of any such claim, the City shall have the right to monitor such claim or at its option engage its own separate counsel to act as co -counsel on the City’s behalf. Further, Contractor agrees that the City’s specifications regarding the deliverables shall in no way diminish Contractor’s warranties or obligations under this paragraph and the City makes no warranty that the production, development, or delivery of such deliverables will not impact such warranties of Contractor. 37. CONFIDENTIALITY: In order to provide the deliverables to the City, Contractor may require access to certain of the City’s and/or its licensors’ confidential information (including inventions, employee information, trade secrets, confidential know-how, confidential business information, and other information which the City or its licensors consider confidential) (collectively, “Confidential Information”). Contractor acknowledges and agrees that the Confidential Information is the valuable property of the City and/or its licensors and any unauthorized use, disclosure, dissemination, or other release of the Confidential Information will substantially injure the City and/or its licensors. The Contractor (including its employees, subcontractors, agents, or representatives) agrees that it will maintain the Confidential Information in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise use the Confidential Information without the prior written consent of the City or in a manner not expressly permitted under this Agreement, unless the Confidential Information is required to be disclosed by law or an order of any court or other governmental authority with proper jurisdiction, provided the Contractor promptly notifies the City before disclosing such information so as to permit the City reasonable time to seek an appropriate protective order. The Contractor agrees to use protective measures no less stringent than the Contractor uses within its own business to protect its own most valuable information, which protective measures shall under all circumstances be at least reasonable measures to ensure the continued confidentiality of the Confidential Information. 38. OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and interests throughout the world in and to the deliverables. A. Patents. As to any patentable subject matter contained in the deliverables, the Contractor agrees DocuSign Envelope ID: B0E586B8-C231-4B8A-9AD5-AAB17D5F27D8 Contract # 7057 to disclose such patentable subject matter to the City. Further, if requested by the City, the Contractor agrees to assign and, if necessary, cause each of its employees to assign the entire right, title, and interest to specific inventions under such patentable subject matter to the City and to execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute, acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by the City, to the City upon request by the City. B. Copyrights. As to any deliverables containing copyrightable subject matter, the Contractor agrees that upon their creation, such deliverables shall be considered as work made-for-hire by the Contractor for the City and the City shall own all copyrights in and to such deliverables, provided however, that nothing in this Paragraph 38 shall negate the City’s sole or joint ownership of any such deliverables arising by virtue of the City’s sole or joint authorship of such deliverables. Should by operation of law, such deliverables not be considered works made-for-hire, the Contractor hereby assigns to the City (and agrees to cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver an assignment to the City of) all worldwide right, title, and interest in and to such deliverables. With respect to such work made- for-hire, the Contractor agrees to execute, acknowledge, and deliver and cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver a work- made-for-hire agreement, in a form to be reasonably approved by the City, to the City upon delivery of such deliverables to the City or at such other time as the City may request. C. Additional Assignments. The Contractor further agrees to, and if applicable, cause each of its employees to, execute, acknowledge, and deliver all applications, specifications, oaths, assignments, and all other instruments which the City might reasonably deem necessary in order to apply for and obtain copyright protection, mask work registration, trademark registration and/or protection, letters patent, or any similar rights in any and all countries and in order to assign and convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and interest in and to the deliverables. The Contractor’s obligations to execute, acknowledge, and deliver (or cause to be executed, acknowledged, and delivered) instruments or papers such as those described in this Paragraph 38 a., b., and c. shall continue after the termination of this Contract with respect to such deliverables. In the event the City should not seek to obtain copyright protection, mask work registration or patent protection for any of the deliverables, but should desire to keep the same secret, the Contractor agrees to treat the same as Confidential Information under the terms of Paragraph 37 above. 39. PUBLICATIONS: All published material and written reports submitted under the Contract must be originally developed material unless otherwise specifically provided in the Contract. When material not originally developed is included in a report in any form, the source shall be identified. 40. ADVERTISING: The Contractor shall not advertise or publish, without the City’s prior consent, the fact that the City has entered into the Contract, except to the extent required by law. 41. NO CONTINGENT FEES: The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure the Contract upon any agreement or understanding for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the City shall have the right, in addition to any other remedy available, to cancel the Contract without liability and to deduct from any DocuSign Envelope ID: B0E586B8-C231-4B8A-9AD5-AAB17D5F27D8 Contract # 7057 amounts owed to the Contractor, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 42. GRATUITIES: The City may, by written notice to the Contractor, cancel the Contract without liability if it is determined by the City that gratuities were offered or given by the Contractor or any agent or representative of the Contractor to any officer or employee of the City of Denton with a view toward securing the Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to the performing of such contract. In the event the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the Contractor in providing such gratuities. 43. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer, employee, independent consultant, or elected official of the City who is involved in the development, evaluation, or decision-making process of the performance of an y solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation. Any willful violation of this section shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the Contractor shall render the Contract voidable by the City. The Contractor shall complete and submit the City’s Conflict of Interest Questionnaire. 44. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an employer/employee relationship, a partnership, or a joint venture. The Contractor’s services shall be those of an independent contractor. The Contractor agrees and understands that the Contract does not grant any rights or privileges established for employees of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker’s compensation, or any other City employee benefit. The City shall not have supervision and control of the Contractor or any employee of the Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. The contractor is expressly free to advertise and perform services for other parties while performing services for the City. 45. ASSIGNMENT-DELEGATION: The Contract shall be binding upon and ensure to the benefit of the City and the Contractor and their respective successors and assigns, provided however, that no right or interest in the Contract shall be assigned and no obligatio n shall be delegated by the Contractor without the prior written consent of the City. Any attempted assignment or delegation by the Contractor shall be void unless made in conformity with this paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity not a party hereto; it being the intention of the parties that there are no third party beneficiaries to the Contract. The Vendor shall notify the City’s Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of the company or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director’s resolution approving the action, or an executed DocuSign Envelope ID: B0E586B8-C231-4B8A-9AD5-AAB17D5F27D8 Contract # 7057 merger or acquisition agreement. Failure to do so may adversely impact future invoice payments. 46. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. No waiver by either the Contractor or the City of any one or more events of default by the other party shall operate as, or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an express or implied acceptance of any other existing or future default or defaults, whether of a similar or different character. 47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by both parties. No pre-printed or similar terms on any the Contractor invoice, order or other document shall have any force or effect to change the terms, covenants, and conditions of the Contract. 48. INTERPRETATION: The Contract is intended by the parties as a final, complete and exclusive statement of the terms of their agreement. No course of prior dealing between the parties or course of performance or usage of the trade shall be relevant to supplement or explain any term used in the Contract. Although the Contract may have been substantially drafted by one party, it is the intent of the parties that all provisions be construed in a manner to be fair to both parties, reading no provisions more strictly against one party or the other. Whenever a term defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC definition shall control, unless otherwise defined in the Contract. 49. DISPUTE RESOLUTION: A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party may make a written request for a meeting between representatives of each party within fourteen (14) calendar days after receipt of the request or such later period as agreed by the parties. Each party shall include, at a minimum, one (1) senior level individual with decision-making authority regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to mediation as described below. Negotiation may be waived by a written agreement signed by both parties, in which event the parties may proceed directly to mediation as described below. B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation skills to assist with resolution of the dispute. Should they choose this option; the City and the Contractor agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in the Contract prevents the parties from relying on the skills of a person who is trained in the subject matter of the dispute or a contract interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of initiation of the mediation process, the mediator shall be selected by the Denton County Alternative Dispute Resolution Program (DCAP). The parties agree to participate in mediation in good faith for up to thirty (30) calendar days from the date of the first mediation session. The City and the Contractor will share the mediator’s fees equally and the parties will bear their own costs of DocuSign Envelope ID: B0E586B8-C231-4B8A-9AD5-AAB17D5F27D8 Contract # 7057 participation such as fees for any consultants or attorneys they may utilize to represent them or otherwise assist them in the mediation. 50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. All issues arising from this Contract shall be resolved in the courts of Denton County, Texas and the parties agree to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be construed or interpreted to limit or restrict the right or ability of the City to seek and secure injunctive relief from any competent authority as contemplated herein. 51. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the Contract shall in no way affect the validity or enforceability of any other portion or provision of the Contract. Any void provision shall be deemed severed from the Contract and the balance of the Contract shall be construed and enforced as if the Contract did not contain the particular portion or provision held to be void. The parties further agree to reform the Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Contract from being void should a provision which is the essence of the Contract be determined to be void. 52. HOLIDAYS: The following holidays are observed by the City: New Year’s Day (observed) MLK Day Memorial Day 4th of July Labor Day Thanksgiving Day Day After Thanksgiving Christmas Eve (observed) Christmas Day (observed) New Year’s Day (observed) If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any scheduled deliveries or work performance not within the normal hours of operation must be approved by the City Manager of Denton, Texas or his authorized designee. 53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose continuing obligations on the parties, including but not limited to the warranty, indemnity, and confidentiality obligations of the parties, shall survive the expiration or termination of the Contract. 54. NON-SUSPENSION OR DEBARMENT CERTIFICATION: The City of Denton is prohibited from contracting with or making prime or sub -awards to parties that are suspended or debarred or whose principals are suspended or debarred from Federal, State, or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its firm and its principals are not currently suspended or debarred from doing business with the Federal Government, as indicated by the General Services Administration List of Parties Excluded DocuSign Envelope ID: B0E586B8-C231-4B8A-9AD5-AAB17D5F27D8 Contract # 7057 from Federal Procurement and Non-Procurement Programs, the State of Texas, or the City of Denton. 55. EQUAL OPPORTUNITY A. Equal Employment Opportunity: No Offeror, or Offeror’s agent, shall engage in any discriminatory employment practice. No person shall, on the grounds of race, sex, sexual orientation, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected to discrimination under any activities resulting from this RFQ. B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror’s agent, shall engage in any discriminatory employment practice against individuals with disabilities as defined in the ADA. 56. BUY AMERICAN ACT-SUPPLIES (Applicable to certain federally funded requirements) The following federally funded requirements are applicable. A. Definitions. As used in this paragraph – i. "Component" means an article, material, or supply incorporated directly into an end product. ii. "Cost of components" means - (1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product. iii. "Domestic end product" means- (1) An unmanufactured end product mined or produced in the United States; or (2) An end product manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic. iv. "End product" means those articles, materials, and supplies to be acquired under the contract for public use. v. "Foreign end product" means an end product other than a domestic end product. vi. "United States" means the 50 States, the District of Columbia, and outlying areas. B. The Buy American Act (41 U.S.C. 10a - 10d) provides a preference for domestic end products for supplies acquired for use in the United States. C. The City does not maintain a list of foreign articles that will be treated as domestic for this Contract; but will consider for approval foreign articles as domestic for this product if the articles are on a list approved by another Governmental Agency. The Offeror shall submit documentation with their Offer demonstrating that the article is on an approved Governmental list. D. The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the Solicitation entitled "Buy American Act Certificate". 57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all information presented in any response to this contract, whether amended or not, except as DocuSign Envelope ID: B0E586B8-C231-4B8A-9AD5-AAB17D5F27D8 Contract # 7057 prohibited by law. Selection of rejection of the submittal does not affect this right. 58. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded contractor or supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the respondent. 59. PREVAILING WAGE RATES: The contractor shall comply with prevailing wage rates as defined by the United States Department of Labor Davis-Bacon Wage Determination at http://www.dol.gov/whd/contracts/dbra.htm and at the Wage Determinations website www.wdol.gov for Denton County, Texas (WD-2509). 60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor or supplier shall comply with all State, Federal, and Local laws and requirements. The Respondent must comply with all applicable laws at all times, including, without limitation, the following: (i) §36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas Penal Code, which prohibits the offering or conferring of benefits to public servants. The Respondent shall give all notices and comply with all laws and regulations applicable to furnishing and performance of the Contract. 61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Respondent shall demonstrate on- site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with issuance of Form W-2's to common law employees. Respondent is responsible for both federal and State unemployment insurance coverage and standard Workers’ Compensation insurance coverage. Respondent shall ensure compliance with all federal and State tax laws and withholding requirements. The City of Denton shall not be liable to Respondent or its employees for any Unemployment or Workers' Compensation coverage, or federal or State withholding requirements. Contractor shall indemnify the City of Denton and shall pay all costs, penalties, or losses resulting from Respondent's omission or breach of this Section. 62. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions of the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701 ET SEQ.) and maintain a drug-free work environment; and the final rule, government-wide requirements for drug-free work place (grants), issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the Drug-Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be issued. 63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The Respondent shall be liable for all damages to government-owned, leased, or occupied property and equipment caused by the Respondent and its employees, agents, subcontractors, and suppliers, including any delivery or cartage company, in connection with any performance pursuant to the Contract. The Respondent shall notify the City of Denton Procurement Manager in writing of any such damage within one (1) calendar day. 64. FORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be responsible for performance under the Contract should it be prevented from performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault DocuSign Envelope ID: B0E586B8-C231-4B8A-9AD5-AAB17D5F27D8 Contract # 7057 or negligence of the City of Denton. In the event of an occurrence under this Section, the Respondent will be excused from any further performance or observance of the requirements so affected for as long as such circumstances prevail and the Respondent continues to use commercially reasonable efforts to recommence performance or observance whenever and to whatever extent possible without delay. The Respondent shall immediately notify the City of Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar days of the inception of such occurrence) and describe at a reasonable level of detail the circumstances causing the non-performance or delay in performance. 65. NON-WAIVER OF RIGHTS: Failure of a Party to require performance by another Party under the Contract will not affect the right of such Party to require performance in the future. No delay, failure, or waiver of either Party’s exercise or partial exercise of any right or remedy under the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right or remedy. A waiver by a Party of any breach of any term of the Contract will not be construed as a waiver of any continuing or succeeding breach. 66. NO WAIVER OF SOVEREIGN IMMUNITY: The Parties expressly agree that no provision of the Contract is in any way intended to constitute a waiver by the City of Denton of any immunities from suit or from liability that the City of Denton may have by operation of law. 67. RECORDS RETENTION: The Respondent shall retain all financial records, supporting documents, statistical records, and any other records or books relating to the performances called for in the Contract. The Respondent shall retain all such records for a period of four (4) years after the expiration of the Contract, or until the CPA or State Auditor's Office is satisfied that all audit and litigation matters are resolved, whichever period is longer. The Respondent shall grant access to all books, records and documents pertinent to the Contract to the CPA, the State Auditor of Texas, and any federal governmental entity that has authority to review records due to federal funds being spent under the Contract. Should a conflict arise between any of the contract documents, it shall be resolved with the following order of precedence (if applicable). In any event, the final negotiated contract shall take precedence over any and all contract documents to the extent of such conflict. 1. Final negotiated contract 2. RFP/Bid documents 3. City’s standard terms and conditions 4. Purchase order 5. Supplier terms and conditions DocuSign Envelope ID: B0E586B8-C231-4B8A-9AD5-AAB17D5F27D8 Contract # 7057 Exhibit D INSURANCE REQUIREMENTS AND WORKERS’ COMPENSATION REQUIREMENTS Upon contract execution, all insurance requirements shall become contractual obligations, which the successful contractor shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Contractor shall file with the Purchasing Department satisfactory certificates of insurance including any applicable addendum or endorsements, containing the contract number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted:  Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A or better.  Any deductibles or self-insured retentions shall be declared in the proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.  Liability policies shall be endorsed to provide the following:  Name as Additional Insured the City of Denton, its Officials, Agents, Employees and volunteers.  That such insurance is primary to any other insurance available to the Additional Insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability.  Provide a Waiver of Subrogation in favor of the City of Denton, its officials, agents, employees, and volunteers.  Cancellation: City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. DocuSign Envelope ID: B0E586B8-C231-4B8A-9AD5-AAB17D5F27D8 Contract # 7057  Should any of the required insurance be provided under a claims made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered.  Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance.  Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:  Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage.  Coverage B shall include personal injury.  Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least:  Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures.  Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. DocuSign Envelope ID: B0E586B8-C231-4B8A-9AD5-AAB17D5F27D8 Contract # 7057 [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for:  any auto, or  all owned hired and non-owned autos. [X] Workers’ Compensation Insurance Contractor shall purchase and maintain Workers’ Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers’ Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an “occurrence" basis and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least $500,000.00 combined bodily injury and property damage per occurrence with a $1,000,000.00 aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than $1,000,000.00 per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be DocuSign Envelope ID: B0E586B8-C231-4B8A-9AD5-AAB17D5F27D8 Contract # 7057 provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Environmental Liability Insurance Environmental liability insurance for $1,000,000 to cover all hazards contemplated by this contract. [ ] Riggers Insurance The Contractor shall provide coverage for Rigger’s Liability. Said coverage may be provided by a Rigger’s Liability endorsement on the existing CGL coverage; through and Installation Floater covering rigging contractors; or through ISO form IH 00 91 12 11, Rigger’s Liability Coverage form. Said coverage shall mirror the limits provided by the CGL coverage [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a “blanket” basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than $ each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. DocuSign Envelope ID: B0E586B8-C231-4B8A-9AD5-AAB17D5F27D8 Contract # 7057 ATTACHMENT 1 [X] Workers’ Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services " include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of T exas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. a certificate of coverage, prior to that person beginning work on the DocuSign Envelope ID: B0E586B8-C231-4B8A-9AD5-AAB17D5F27D8 Contract # 7057 project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2. no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person m ay verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2. provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. obtain from each other person with whom it contracts, and provide to the contractor: a. a certificate of coverage, prior to the other person beginning work on the project; and DocuSign Envelope ID: B0E586B8-C231-4B8A-9AD5-AAB17D5F27D8 Contract # 7057 b. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6. notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classificat ion codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor’s failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. DocuSign Envelope ID: B0E586B8-C231-4B8A-9AD5-AAB17D5F27D8 Contract # 7057 Exhibit E Certificate of Interested Parties Electronic Filing In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that the City may not enter into this contract unless the Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. Contractor will be required to furnish a Certificate of Interest Parties before the contract is awarded, in accordance with Government Code 2252.908. The contractor shall: 1. Log onto the State Ethics Commission Website at : https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm 2. Register utilizing the tutorial provided by the State 3. Print a copy of the completed Form 1295 4. Enter the Certificate Number on page 2 of this contract. 5. Complete and sign the Form 1295 6. Email the form to purchasing@cityofdenton.com with the contract number in the subject line. (EX: Contract 1234 – Form 1295) The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission’s website within seven business days. DocuSign Envelope ID: B0E586B8-C231-4B8A-9AD5-AAB17D5F27D8 Contract # 7057 Exhibit F Respondent's Business Name:PRT, Inc Principal Place of Business (City and State)Dallas, TX RFP 7057 - Pricing Sheet for WEATHER FORECASTING SERVICES Product Proposal Pricing (PRICING SHALL INCLUDE ALL COSTS TO DELIVER GOODS AS SPECIFIED F.O.B DESTINATION): Line EST. ANNUA L QTY UOM Product Description Indicate % Savings for package option Unit Price Extended Price 1 3 YR LOAD FORECASTING (web-based) for DME & ERCOT 36,000.00$ 108,000.00$ Pricing must be provided as separate services, allowing the City to select and award by section. Offers that do not allow the City to select individual services will not be considered. Section 5 is an alternate section, which may or may not be selected by the City. This section is for potential package savings. Suppliers are invited to list package options showing the savings available. The City has the option to award by section or group of sections, whichever is the most advantageous to the City. The respondent shall complete the following sections, which directly corresponds to the specifications. DocuSign Envelope ID: B0E586B8-C231-4B8A-9AD5-AAB17D5F27D8 Exhibit CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relat ionship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Sec tion 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this s ection is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information in this section is being disclosed. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local gov ernment officer serves as an officer or director, or holds an ownership of one percent or more? Yes No D. Describe each employment or business and family relationship with the local government officer named in this section. 4 I have no Conflict of Interest to disclose. 5 Signature of vendor doing business with the governmental entity Date DocuSign Envelope ID: B0E586B8-C231-4B8A-9AD5-AAB17D5F27D8 G Pattern Recognition Technologies, Inc. X X NA X X NA 7/11/2019 Certificate Of Completion Envelope Id: B0E586B8C2314B8A9AD5AAB17D5F27D8 Status: Sent Subject: Please DocuSign: City Council Contract 7057 Weather Forecasting Service - PRT Source Envelope: Document Pages: 33 Signatures: 4 Envelope Originator: Certificate Pages: 6 Initials: 1 Monisa Rogers AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 Monisa.Rogers@cityofdenton.com IP Address: 129.120.6.150 Record Tracking Status: Original 7/8/2019 1:19:59 PM Holder: Monisa Rogers Monisa.Rogers@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Monisa Rogers monisa.rogers@cityofdenton.com Senior Buyer City Of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 129.120.6.150 Sent: 7/8/2019 1:24:43 PM Viewed: 7/8/2019 1:24:54 PM Signed: 7/8/2019 1:26:48 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 129.120.6.150 Sent: 7/8/2019 1:26:51 PM Viewed: 7/9/2019 5:06:41 PM Signed: 7/9/2019 5:07:14 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Mack Reinwand mack.reinwand@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 129.120.6.150 Sent: 7/9/2019 5:07:16 PM Viewed: 7/11/2019 9:08:52 AM Signed: 7/11/2019 9:22:36 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Laudan Khotanzad laudan@prt-inc.com VP, Technical Sales Pattern Recognition Technologies, Inc. Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 209.163.157.34 Sent: 7/11/2019 9:22:38 AM Viewed: 7/11/2019 10:58:22 AM Signed: 7/11/2019 11:19:47 AM Electronic Record and Signature Disclosure: Accepted: 7/11/2019 10:58:22 AM ID: 64d6ee06-1f26-4ffe-9dd5-b7bbafc79a95 Signer Events Signature Timestamp Terry Naulty terry.naulty@cityofdenton.com Assistant General Manager Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 129.120.6.150 Sent: 7/11/2019 11:19:50 AM Viewed: 7/11/2019 5:34:30 PM Signed: 7/11/2019 5:54:01 PM Electronic Record and Signature Disclosure: Accepted: 7/11/2019 5:34:30 PM ID: 12172f9b-b5a9-4355-b216-40d1de245e28 Cheyenne Defee cheyenne.defee@cityofdenton.com Paralegal City of Denton Security Level: Email, Account Authentication (None) Sent: 7/11/2019 5:54:04 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Todd Hileman Todd.Hileman@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/25/2017 11:02:14 AM ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21 Rosa Rios rosa.rios@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Cheyenne Defee cheyenne.defee@cityofdenton.com Paralegal City of Denton Security Level: Email, Account Authentication (None) Sent: 7/8/2019 1:26:50 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Sherri Thurman sherri.thurman@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Sent: 7/8/2019 1:26:50 PM Carbon Copy Events Status Timestamp Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane Richardson jane.richardson@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Stephen Johnson stephen.johnson@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 7/11/2019 5:54:04 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Laudan Khotanzad, Terry Naulty, Todd Hileman How to contact City of Denton: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: purchasing@cityofdenton.com To advise City of Denton of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. 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Docusign City Council Transmittal Coversheet File Name Purchasing Contact City Council Target Date Piggy Back Option Contract Expiration Ordinance DocuSign Envelope ID: 6D7ABAF5-80B4-4A96-BC73-A6FC01800771       Contract # 7057 CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND IBM CORPORATION (CONTRACT 7057) THIS CONTRACT is made and entered into this date , by and between International Business Machines (IBM) Corporation, a New York corporation, whose address is 1 North Castle Drive, Armonk, NY 10504, hereinafter referred to as "Contractor," and the CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and subsequent execution of this Contract by the Denton City Manager or his duly authorized designee. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: SCOPE OF SERVICES Supplier shall provide products and/or services in accordance with the City’s document RFP 7057 Weather Forecasting Service, a copy of which is on file at the office of Purchasing Agent and incorporated herein for all purposes. The Contract consists of this written agreement and the following items which are attached hereto and incorporated herein by reference: (a) Special Terms and Conditions (Exhibit “A”); (b) City of Denton’s RFP 7057 (Exhibit “B” on File at the Office of the Purchasing Agent and the City of Denton’s acceptance of Contractor’s exceptions or clarifications to the RFP set forth in Attachment A herein); ) (c) City of Denton Standard Terms and Conditions (Exhibit “C”); (d) Insurance Requirements (Exhibit “D”); (e) Certificate of Interested Parties Electronic Filing (Exhibit "E"); (f) Contractor’s Proposal (Exhibit "F"); (g) Contractor’s exceptions or clarifications (Attachment “A”) (h) Form CIQ – Conflict of Interest Questionnaire (Exhibit "G"); These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to the written agreement then to the contract documents in the order in which they are listed above. These documents shall be referred to collectively as “Contract Documents.” Prohibition on Contracts with Companies Boycotting Israel Supplier acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms “boycott Israel” and “company” shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this agreement, Supplier certifies that Supplier’s signature provides written verification to the City that Supplier: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the agreement. Failure to meet or maintain the requirements under this provision will be considered a material breach. Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or a Foreign Terrorist Organization DocuSign Envelope ID: 6D7ABAF5-80B4-4A96-BC73-A6FC01800771 Contract # 7057 Section 2252 of the Texas Government Code restricts CITY from contracting with companies that do business with Iran, Sudan, or a foreign terrorist organization. By signing this agreement, Supplier certifies that Supplier’s signature provides written verification to the City that Supplier, pursuant to Chapter 2252, is not ineligible to enter into this agreement and will not become ineligible to receive payments under this agreement by doing business with Iran, Sudan, or a foreign terrorist organization. Failure to meet or maintain the requirements under this provision will be considered a material breach. The parties agree to transact business electronically. Any statutory requirements that certain terms be in writing will be satisfied using electronic documents and signing. Electronic signing of this document will be deemed an original for all legal purposes. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. CONTRACTOR BY: AUTHORIZED SIGNATURE Date: Printed Name: SIGNATURE PRINTED NAME TITLE DEPARTMENT Title: PHONE NUMBER EMAIL ADDRESS APPROVED AS TO LEGAL FORM: TEXAS ETHICS COMMISSION AARON LEAL, CITY ATTORNEY CERTIFICATE NUMBER BY: CITY OF DENTON, TEXAS ATTEST: ROSA RIOS, CITY SECRETARY BY: TODD HILEMAN BY: CITY MANAGER Date: DocuSign Envelope ID: 6D7ABAF5-80B4-4A96-BC73-A6FC01800771     #$       !& % # #$! %! & "%# $$$% % # # ##'&%' Contract # 7057 Exhibit A Special Terms and Conditions 1. Total Contract Amount The total contract for Line 2, Weather Forecasting Service of RFP 7057, which Line 2 only is awarded by this Contract for the supply of Weather Forecasting Service, shall not exceed $63,030.00. Pricing shall be per Exhibit F attached. 2. Contract Terms The contract term will be three (3) years, effective from date of award or notice to proceed as determined by the City of Denton Purchasing Department. At the sole option of the City of Denton, the contract may be further extended as needed, not to exceed a total of six (6) months. DocuSign Envelope ID: 6D7ABAF5-80B4-4A96-BC73-A6FC01800771 Contract # 7057 Exhibit C Standard Purchase Terms and Conditions These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other requirements included in the City of Denton’s contract are applicable to contracts/purchase orders issued by the City of Denton hereinafter referred to as the City or Buyer and the Seller or respondent herein after referred to as Contractor or Supplier. Any deviations must be in writing and signed by a representative of the City’s Procurement Department and the Supplier. No Terms and Conditions contained in the seller’s proposal response, invoice or statement shall serve to modify the terms set forth herein. If there is a conflict between the provisions on the face of the contract/purchase order these written provisions will take precedence. The Contractor agrees that the contract shall be governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a solicitation to purchase goods, and sections 9, 10, 11, 22 and 32 shall apply only to a solicitation to purchase services to be performed principally at the City’s premises or on public rights-of-way. 1. CONTRACTOR’S OBLIGATIONS. The Contractor shall fully and timely provide all deliverables described in the Solicitation and in the Contractor’s Offer in strict accordance with the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local laws, rules, and regulations. 2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract shall be effective as of the date the contract is signed by the City, and shall continue in effect until all obligations are performed in accordance with the Contract. 3. CONTRACTOR TO PACKAGE DELIVERABLES: The Contractor will package deliverables in accordance with good commercial practice and shall include a packing list showing the description of each item, the quantity and unit price unless otherwise provided in the Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly and permanently marked as follows: (a) The Contractor's name and address, (b) the City’s name, address and purchase order or purchase release number and the price agreement number if applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container bearing the packing list. The Contractor shall bear cost of packaging. Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all the requirements of common carriers and any applicable specification. The City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 4. SHIPMENT UNDER RESERVATION PROHIBITED: The Contractor is not authorized to ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of deliverables. 5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City only when the City actually receives and accepts the deliverables. DocuSign Envelope ID: 6D7ABAF5-80B4-4A96-BC73-A6FC01800771 Contract # 7057 6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and Conditions. Unless otherwise stated in the Offer, the Contractor’s price shall be deemed to include all delivery and transportation charges. The City shall have the right to designate what method of transportation shall be used to ship the deliverables. The place of delivery shall be that set forth the purchase order. 7. RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under law, including, but not limited to the Uniform Commercial Code, to inspect the deliverables at delivery before accepting them, and to reject defective or non-conforming deliverables. If the City has the right to inspect the Contractor’s, or the Contractor’s Subcontractor’s, facilities, or the deliverables at the Contractor’s, or the Contractor’s Subcontractor’s, premises, the Contractor shall furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance to the City to facilitate such inspection. 8. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables must fully comply with all provisions of the Contract as to time of delivery, quality, and quantity. Any non-complying tender shall constitute a breach and the Contractor shall not have the right to substitute a conforming tender; provided, where the time for performance has not yet expired, the Contractor may notify the City of the intention to cure and may then make a conforming tender within the time allotted in the contract. 9. PLACE AND CONDITION OF WORK: The City shall provide the Contractor access to the sites where the Contractor is to perform the services as required in order for the Contractor to perform the services in a timely and efficient manner, in accordance with and subject to the applicable security laws, rules, and regulations. The Contractor acknowledges that it has satisfied itself as to the nature of the City’s service requirements and specifications, the location and essential characteristics of the work sites, the quality and quantity of materials, equipment, labor and facilities necessary to perform the services, and any other condition or state of fact which could in any way affect performance of the Contractor’s obligations under the contract. The Contractor hereby releases and holds the City harmless from and against any liability or claim for damages of any kind or nature if the actual site or service conditions differ from expected conditions. The contractor shall, at all times, exercise reasonable precautions for the safety of their employees, City Staff, participants and others on or near the City’s facilities. 10. WORKFORCE A. The Contractor shall employ only orderly and competent workers, skilled in the performance of the services which they will perform under the Contract. B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while engaged in participating or responding to a solicitation or while in the course and scope of delivering goods or services under a City of Denton contract or on the City's property . i. use or possess a firearm, including a concealed handgun that is licensed under state law, except as required by the terms of the contract; or ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. C. If the City or the City's representative notifies the Contractor that any worker is incompetent, DocuSign Envelope ID: 6D7ABAF5-80B4-4A96-BC73-A6FC01800771 Contract # 7057 disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the Contractor shall immediately remove such worker from Contract services, and may not employ such worker again on Contract services without the City's prior written consent. Immigration: The Contractor represents and warrants that it shall comply with the requirements of the Immigration Reform and Control Act of 1986 and 1990 regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor or services under the Contract and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA) enacted on September 30, 1996. 11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS: The Contractor, it’s Subcontractors, and their respective employees, shall comply fully with all applicable federal, state, and local health, safety, and environmental laws, ordinances, rules and regulations in the performance of the services, including but not limited to those promulgated by the City and by the Occupational Safety and Health Administration (OSHA). In case of conflict, the most stringent safety requirement shall govern. The Contractor shall indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments, fines, penalties and liability of every kind arising from the breach of the Contractor’s obligations under this paragraph. Environmental Protection: The Respondent shall be in compliance with all applicable standards, orders, or regulations issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 et seq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. §1251 et seq.). 12. INVOICES: A. The Contractor shall submit separate invoices in duplicate on each purchase order or purchase release after each delivery. If partial shipments or deliveries are authorized by the City, a separate invoice must be sent for each shipment or delivery made. B. Proper Invoices must include a unique invoice number, the purchase order or delivery order number and the master agreement number if applicable, the Department’s Name, and the name of the point of contact for the Department. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, shall be attached to the invoice. The Contractor’s name, remittance address and, if applicable, the tax identification number on the invoice must exactly match the information in the Vendor’s registration with the City. Unless otherwise instructed in writing, the City may rely on the remittance address specified on the Contractor’s invoice. C. Invoices for labor shall include a copy of all time-sheets with trade labor rate and deliverables order number clearly identified. Invoices shall also include a tabulation of work-hours at the appropriate rates and grouped by work order number. Time billed for labor shall be limited to hours actually worked at the work site. D. Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all Subcontract and other authorized expenses at actual cost without markup. E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced amount. The City will furnish a tax exemption certificate upon request. DocuSign Envelope ID: 6D7ABAF5-80B4-4A96-BC73-A6FC01800771 Contract # 7057 13. PAYMENT: A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within thirty (30) calendar days of the City’s receipt of the deliverables or of the invoice being received in Accounts Payable, whichever is later. B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or the maximum lawful rate; except, if payment is not timely made for a reason for which the City may withhold payment hereunder, interest shall not accrue until ten (10) calendar days after the grounds for withholding payment have been resolved. C. If partial shipments or deliveries are authorized by the City, the Contractor will be paid for the partial shipment or delivery, as stated above, provided that the invoice matches the shipment or delivery. D. The City may withhold or set off the entire payment or part of any payment otherwise due the Contractor to such extent as may be necessary on account of: i. delivery of defective or non-conforming deliverables by the Contractor; ii. third party claims, which are not covered by the insurance which the Contractor is required to provide, are filed or reasonable evidence indicating probable filing of such claims; iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment; iv. damage to the property of the City or the City’s agents, employees or contractors, which is not covered by insurance required to be provided by the Contractor; v. reasonable evidence that the Contractor’s obligations will not be completed within the time specified in the Contract, and that the unpaid balance would not be adequate to cover actual or damages for the anticipated delay; vi. failure of the Contractor to submit proper invoices with purchase order number, with all required attachments and supporting documentation; or vii. failure of the Contractor to comply with any material provision of the Contract Documents. E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton for delinquent taxes, the City may offset indebtedness owed the City through payment withholding. F. Payment will be made by check unless the parties mutually agree to payment by credit card or electronic transfer of funds. The Contractor agrees that there shall be no additional charges, surcharges, or penalties to the City for payments made by credit card or electronic funds transfer. G. The awarding or continuation of this contract is dependent upon the availability of funding. The City’s payment obligations are payable only and solely from funds Appropriated and available for this contract. The absence of Appropriated or other lawfully available funds shall render the Contract null and void to the extent funds are not Appropriated or available and any deliverables delivered but unpaid shall be returned to the Contractor. The City shall provide the Contractor written notice of the failure of the City to make an adequate Appropriation for any fiscal year to pay the amounts due under the Contract, or the reduction of any Appropriation to an amount insufficient to permit the City to pay its obligations under the Contract. In the event of none or inadequate appropriation of funds, there will be no penalty nor removal fees charged to the City. 14. TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the Contract shall be paid by the Contractor, unless otherwise stated in the contract terms. During the term of this contract, the contractor shall bill and the City shall reimburse contractor for all reasonable and approved out of pocket expenses which are incurred in the connection with the performance of duties hereunder. Notwithstanding the foregoing, expenses for the time spent by DocuSign Envelope ID: 6D7ABAF5-80B4-4A96-BC73-A6FC01800771 Contract # 7057 the contractor in traveling to and from City facilities shall not be reimbursed, unless otherwise negotiated. 15. FINAL PAYMENT AND CLOSE-OUT: A. If a DBE/MBE/WBE Program Plan is agreed to and the Contractor has identified Subcontractors, the Contractor is required to submit a Contract Close-Out MBE/WBE Compliance Report to the Purchasing Manager no later than the 15th calendar day after completion of all work under the contract. Final payment, retainage, or both may be withheld if the Contractor is not in compliance with the requirements as accepted by the City. B. The making and acceptance of final payment will constitute: i. a waiver of all claims by the City against the Contractor, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Contractor’s continuing obligations under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the City’s right to audit; and ii. a waiver of all claims by the Contractor against the City other than those previously asserted in writing and not yet settled. 16. SPECIAL TOOLS & TEST EQUIPMENT: If the price stated on the Offer includes the cost of any special tooling or special test equipment fabricated or required by the Contractor for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the City and shall be identified by the Contractor as such. 17. RIGHT TO AUDIT: A. The City shall have the right to audit and make copies of the books, records and computations pertaining to the Contract. The Contractor shall retain such books, records, documents and other evidence pertaining to the Contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within ten (10) business days of written request. Further, the Contractor shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to the Contract, and to allow the City similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the City unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the Contractor which must be payable within five (5) business days of receipt of an invoice. B. Failure to comply with the provisions of this section shall be a material breach of the Contract and shall constitute, in the City’s sole discretion, grounds for termination thereof. Each of the terms “books”, “records”, “documents” and “other evidence”, as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. 18. SUBCONTRACTORS: A. If the Contractor identified Subcontractors in a DBE/MBE/WBE agreed to Plan, the Contractor shall comply with all requirements approved by the City. The Contractor shall not initially employ any Subcontractor except as provided in the Contractor’s Plan. The Contractor shall not substitute any Subcontractor identified in the Plan, unless the substitute has been accepted by the City in DocuSign Envelope ID: 6D7ABAF5-80B4-4A96-BC73-A6FC01800771 Contract # 7057 writing. No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or remedies of the City with respect to defective deliverables provided by a Subcontractor. If a Plan has been approved, the Contractor is additionally required to submit a monthly Subcontract Awards and Expenditures Report to the Procurement Manager, no later than the tenth calendar day of each month. B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract between the Contractor and Subcontractor. The terms of the subcontract may not conflict with the terms of the Contract, and shall contain provisions that: i. require that all deliverables to be provided by the Subcontractor be provided in strict accordance with the provisions, specifications and terms of the Contract; ii. prohibit the Subcontractor from further subcontracting any portion of the Contract without the prior written consent of the City and the Contractor. The City may require, as a condition to such further subcontracting, that the Subcontractor post a payment bond in form, substance and amount acceptable to the City; iii. require Subcontractors to submit all invoices and applications for payments, including any claims for additional payments, damages or otherwise, to the Contractor in sufficient time to enable the Contractor to include same with its invoice or application for payment to the City in accordance with the terms of the Contract; iv. require that all Subcontractors obtain and maintain, throughout the term of their contract, insurance in the type and amounts specified for the Contractor, with the City being a named insured as its interest shall appear; and v. require that the Subcontractor indemnify and hold the City harmless to the same extent as the Contractor is required to indemnify the City. C. The Contractor shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the Contractor is responsible for the Contractor's own acts and omissions. Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual relationship between the City and any such Subcontractor, nor shall it create any obligation on the part of the City to pay or to see to the payment of any moneys due any such Subcontractor except as may otherwise be required by law. D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the Contractor not later than ten (10) calendar days after receipt of payment from the City. 19. WARRANTY-PRICE: A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's current prices on orders by others for like deliverables under similar terms of purchase. B. The Contractor certifies that the prices in the Offer have been arrived at independently without consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such fees with any other firm or with any competitor. C. In addition to any other remedy available, the City may deduct from any amounts owed to the Contractor, or otherwise recover, any amounts paid for items in excess of the Contractor's current prices on orders by others for like deliverables under similar terms of purchase. 20. WARRANTY – TITLE: The Contractor warrants that it has good and indefeasible title to all deliverables furnished under the Contract, and that the deliverables are free and clear of all liens, claims, security interests and encumbrances. The Contractor shall indemnify and hold the City harmless from and against all adverse title claims to the deliverables. DocuSign Envelope ID: 6D7ABAF5-80B4-4A96-BC73-A6FC01800771 Contract # 7057 21. WARRANTY – DELIVERABLES: The Contractor warrants and represents that all deliverables sold the City under the Contract shall be free from defects in design, workmanship or manufacture, and conform in all material respects to the specifications, drawings, and descriptions in the Solicitation, to any samples furnished by the Contractor, to the terms, covenants and conditions of the Contract, and to all applicable State, Federal or local laws, rules, and regulations, and industry codes and standards. Unless otherwise stated in the Solicitation, the deliverables shall be new or recycled merchandise, and not used or reconditioned. A. Recycled deliverables shall be clearly identified as such. B. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law; and any attempt to do so shall be without force or effect. C. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the date of acceptance of the deliverables or from the date of acceptance of any replacement deliverables. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand either repair the non-conforming deliverables, or replace the non-conforming deliverables with fully conforming deliverables, at the City’s option and at no additional cost to the City. All costs incidental to such repair or replacement, including but not limited to, any packaging and shipping costs shall be borne exclusively by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach of warranty, but failure to give timely notice shall not impair the City’s rights under this section. D. If the Contractor is unable or unwilling to repair or replace defective or non-conforming deliverables as required by the City, then in addition to any other available remedy, the City may reduce the quantity of deliverables it may be required to purchase under the Contract from the Contractor, and purchase conforming deliverables from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such deliverables from another source. E. If the Contractor is not the manufacturer, and the deliverables are covered by a separate manufacturer’s warranty, the Contractor shall transfer and assign such manufacturer’s warranty to the City. If for any reason the manufacturer’s warranty cannot be fully transferred to the City, the Contractor shall assist and cooperate with the City to the fullest extent to enforce such manufacturer’s warranty for the benefit of the City. 22. WARRANTY – SERVICES: The Contractor warrants and represents that all services to be provided the City under the Contract will be fully and timely performed in a good and workmanlike manner in accordance with generally accepted industry standards and practices, the terms, conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules or regulations. A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law, and any attempt to do so shall be without force or effect. B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the Acceptance Date. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand perform the services again in accordance with above standard at no additional cost to the City. All costs incidental to such additional performance shall be borne by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach warranty, but failure to give timely notice shall not impair the City’s rights under this section. DocuSign Envelope ID: 6D7ABAF5-80B4-4A96-BC73-A6FC01800771 Contract # 7057 C. If the Contractor is unable or unwilling to perform its services in accordance with the above standard as required by the City, then in addition to any other available remedy, the City may reduce the amount of services it may be required to purchase under the Contract from the Contractor, and purchase conforming services from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such services from another source. 23. ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES: If, instead of requiring immediate correction or removal and replacement of defective or non- conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay all claims, costs, losses and damages attributable to the City’s evaluation of and determination to accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non-conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Contractor. 24. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to question the other party’s intent to perform, demand may be made to the other party for written assurance of the intent to perform. In the event that no assurance is given within the time specified after demand is made, the demanding party may treat this failure as an anticipatory repudiation of the Contract. 25. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event the Contractor is observed performing in a manner that is in violation of Federal, State, or local guidelines, or in a manner that is determined by the City to be unsafe to either life or property. Upon notification, the Contractor will cease all work until notified by the City that the violation or unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by the City as a result of the issuance of such Stop Work Notice. 26. DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails to fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in Contractor’s Offer, or in any report or deliverable required to be submitted by the Contractor to the City. 27. FRAUD: Fraudulent statements by the Contractor on any Offer or in any report or deliverable required to be submitted by the Contractor to the City shall be grounds for the termination of the Contract for cause by the City and may result in legal action. 28. DELAYS: A. The City may delay scheduled delivery or other due dates by written notice to the Contractor if the City deems it is in its best interest. If such delay causes an increase in the cost of the work under the Contract, the City and the Contractor shall negotiate an equitable adjustment for costs incurred by the Contractor in the Contract price and execute an amendment to the Contract. The Contractor must assert its right to an adjustment within thirty (30) calendar days from the date of receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall excuse the Contractor from delaying the delivery as notified. DocuSign Envelope ID: 6D7ABAF5-80B4-4A96-BC73-A6FC01800771 Contract # 7057 B. Neither party shall be liable for any default or delay in the performance of its obligations under this Contract if, while and to the extent such default or delay is caused by acts of God, fire, riots, civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond the reasonable control of such Party. In the event of default or delay in contract performance due to any of the foregoing causes, then the time for completion of the services will be extended; provided, however, in such an event, a conference will be held within three (3) business days to establish a mutually agreeable period of time reasonably necessary to overcome the effect of such failure to perform. 29. INDEMNITY AND CONTRACTOR’S LIMITATION OF LIABILITY [Superseded pursuant to and in accordance with Attachment A]: 30. INSURANCE: The following insurance requirements are applicable, in addition to the specific insurance requirements detailed in Appendix A for services only. The successful firm shall procure and maintain insurance of the types and in the minimum amounts acceptable to the City of Denton. The insurance shall be written by a company licensed to do business in the State of Texas and satisfactory to the City of Denton. A. General Requirements: i. The Contractor shall at a minimum carry insurance in the types and amounts indicated and agreed to, as submitted to the City and approved by the City within the procurement process, for the duration of the Contract, including extension options and hold over periods, and during any warranty period. ii. The Contractor shall provide Certificates of Insurance with the coverage’s and endorsements required to the City as verification of coverage prior to contract execution and within fourteen (14) calendar days after written request from the City. Failure to provide the required Certificate of Insurance may subject the Offer to disqualification from consideration for award. The Contractor must also forward a Certificate of Insurance to the City whenever a previously identified policy period has expired, or an extension option or hold over period is exercised, as verification of continuing coverage. iii. The Contractor shall not commence work until the required insurance is obtained and until such insurance has been reviewed by the City. Approval of insurance by the City shall not relieve or decrease the liability of the Contractor hereunder and shall not be construed to be a limitation of liability on the part of the Contractor. iv. The Contractor must submit certificates of insurance to the City for all subcontractors prior to the subcontractors commencing work on the project. v. The Contractor’s and all subcontractors’ insurance coverage shall be written by companies licensed to do business in the State of Texas at the time the policies are issued and shall be written by companies with A.M. Best ratings of A- VII or better. The City will accept workers’ compensation coverage written by the Texas Workers’ Compensation Insurance Fund. vi. All endorsements naming the City as additional insured, waivers, and notices of cancellation endorsements as well as the Certificate of Insurance shall contain the solicitation number and the following information: City of Denton Materials Management Department 901B Texas Street Denton, Texas 76209 vii. The “other” insurance clause shall not apply to the City where the City is an additional insured shown on any policy. It is intended that policies required in the Contract, covering both the City and the Contractor, shall be considered primary coverage as applicable. DocuSign Envelope ID: 6D7ABAF5-80B4-4A96-BC73-A6FC01800771 Contract # 7057 viii. If insurance policies are not written for amounts agreed to with the City, the Contractor shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage. ix. The City shall be entitled, upon request, at an agreed upon location, and without expense, to review certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies. x. The City reserves the right to review the insurance requirements set forth during the effective period of the Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as the Contractor. xi. The Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as required in the Contract. xii. The Contractor shall be responsible for premiums, deductibles and self-insured retentions, if any, stated in policies. All deductibles or self-insured retentions shall be disclosed on the Certificate of Insurance. xiii. The Contractor shall endeavor to provide the City thirty (30) calendar days’ written notice of erosion of the aggregate limits below occurrence limits for all applicable coverage’s indicated within the Contract. xiv. The insurance coverage’s specified in within the solicitation and requirements are required minimums and are not intended to limit the responsibility or liability of the Contractor. B. Specific Coverage Requirements: Specific insurance requirements are contained in the solicitation instrument. 31. CLAIMS: If any claim, demand, suit, or other action is asserted against the Contractor which arises under or concerns the Contract, or which could have a material adverse effect on the Contractor’s ability to perform thereunder, the Contractor shall give written notice thereof to the City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the City shall state the date of notification of any such claim, demand, suit, or other action; the names and addresses of the claimant(s); the basis thereof; and the name of each person against whom such claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City Hall, 215 East McKinney Street, Denton, Texas 76201. 32. NOTICES: Unless otherwise specified, all notices, requests, or other communications required or appropriate to be given under the Contract shall be in writing and shall be deemed delivered three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail, telefax, or other commercially accepted means. Notices to the Contractor shall be sent to the address specified in the Contractor’s Offer, or at such other address as a party may notify the other in writing. Notices to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked to the attention of the Purchasing Manager. 33. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material submitted by the Contractor to the City shall become property of the City upon receipt. Any DocuSign Envelope ID: 6D7ABAF5-80B4-4A96-BC73-A6FC01800771 Contract # 7057 portions of such material claimed by the Contractor to be proprietary must be clearly marked as such. Determination of the public nature of the material is subject to the Texas Public Information Act, Chapter 552, and Texas Government Code. 34. NO WARRANTY BY CITY AGAINST INFRINGEMENTS [Superseded pursuant to and in accordance with Attachment A]: 35. CONFIDENTIALITY: In order to provide the deliverables to the City, Contractor may require access to certain of the City’s and/or its licensors’ confidential information (including inventions, employee information, trade secrets, confidential know-how, confidential business information, and other information which the City or its licensors consider confidential) (collectively, “Confidential Information”). Contractor acknowledges and agrees that the Confidential Information is the valuable property of the City and/or its licensors and any unauthorized use, disclosure, dissemination, or other release of the Confidential Information will substantially injure the City and/or its licensors. The Contractor (including its employees, subcontractors, agents, or representatives) agrees that it will maintain the Confidential Information in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise use the Confidential Information without the prior written consent of the City or in a manner not expressly permitted under this Agreement, unless the Confidential Information is required to be disclosed by law or an order of any court or other governmental authority with proper jurisdiction, provided the Contractor promptly notifies the City before disclosing such information so as to permit the City reasonable time to seek an appropriate protective order. The Contractor agrees to use protective measures no less stringent than the Contractor uses within its own business to protect its own most valuable information, which protective measures shall under all circumstances be at least reasonable measures to ensure the continued confidentiality of the Confidential Information. 36. OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and interests throughout the world in and to the deliverables. A. Patents. As to any patentable subject matter contained in the deliverables, the Contractor agrees to disclose such patentable subject matter to the City. Further, if requested by the City, the Contractor agrees to assign and, if necessary, cause each of its employees to assign the entire right, title, and interest to specific inventions under such patentable subject matter to the City and to execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute, acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by the City, to the City upon request by the City. B. Copyrights. As to any deliverables containing copyrightable subject matter, the Contractor agrees that upon their creation, such deliverables shall be considered as work made-for-hire by the Contractor for the City and the City shall own all copyrights in and to such deliverables, provided however, that nothing in this Paragraph 38 shall negate the City’s sole or joint ownership of any such deliverables arising by virtue of the City’s sole or joint authorship of such deliverables. Should by operation of law, such deliverables not be considered works made-for-hire, the Contractor hereby assigns to the City (and agrees to cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver an assignment to the City of) all worldwide right, title, and interest in and to such deliverables. With respect to such work made- for-hire, the Contractor agrees to execute, acknowledge, and deliver and cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver a work- made-for-hire agreement, in a form to be reasonably approved by the City, to the City upon delivery of such deliverables to the City or at such other time as the City may request. C. Additional Assignments. The Contractor further agrees to, and if applicable, cause each of its employees to, execute, acknowledge, and deliver all applications, specifications, oaths, assignments, and all other instruments which the City might reasonably deem necessary in order DocuSign Envelope ID: 6D7ABAF5-80B4-4A96-BC73-A6FC01800771 Contract # 7057 to apply for and obtain copyright protection, mask work registration, trademark registration and/or protection, letters patent, or any similar rights in any and all countries and in order to assign and convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and interest in and to the deliverables. The Contractor’s obligations to execute, acknowledge, and deliver (or cause to be executed, acknowledged, and delivered) instruments or papers such as those described in this Paragraph 38 a., b., and c. shall continue after the termination of this Contract with respect to such deliverables. In the event the City should not seek to obtain copyright protection, mask work registration or patent protection for any of the deliverables, but should desire to keep the same secret, the Contractor agrees to treat the same as Confidential Information under the terms of Paragraph 37 above. 37. PUBLICATIONS: All published material and written reports submitted under the Contract must be originally developed material unless otherwise specifically provided in the Contract. When material not originally developed is included in a report in any form, the source shall be identified. 38. ADVERTISING: The Contractor shall not advertise or publish, without the City’s prior consent, the fact that the City has entered into the Contract, except to the extent required by law. 39. NO CONTINGENT FEES: The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure the Contract upon any agreement or understanding for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the City shall have the right, in addition to any other remedy available, to cancel the Contract without liability and to deduct from any amounts owed to the Contractor, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 40. GRATUITIES: The City may, by written notice to the Contractor, cancel the Contract without liability if it is determined by the City that gratuities were offered or given by the Contractor or any agent or representative of the Contractor to any officer or employee of the City of Denton with a view toward securing the Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to the performing of such contract. In the event the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the Contractor in providing such gratuities. 41. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer, employee, independent consultant, or elected official of the City who is involved in the development, evaluation, or decision-making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation. Any willful violation of this section shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the Contractor shall render the Contract voidable by the City. The Contractor shall complete and submit the City’s Conflict of Interest Questionnaire. 42. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an employer/employee relationship, a partnership, or a joint venture. The Contractor’s services shall be those of an independent contractor. The Contractor agrees and understands that the Contract does not grant any rights or privileges established for employees of the City of Denton, Texas for DocuSign Envelope ID: 6D7ABAF5-80B4-4A96-BC73-A6FC01800771 Contract # 7057 the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker’s compensation, or any other City employee benefit. The City shall not have supervision and control of the Contractor or any employee of the Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. The contractor is expressly free to advertise and perform services for other parties while performing services for the City. 43. ASSIGNMENT-DELEGATION [Modified pursuant to and in accordance with Attachment A]: The Contract shall be binding upon and ensure to the benefit of the City and the Contractor and their respective successors and assigns, provided however, that no right or interest in the Contract shall be assigned and no obligation shall be delegated by the Contractor without the prior written consent of the City. Any attempted assignment or delegation by the Contractor shall be void unless made in conformity with this paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity not a party hereto; it being the intention of the parties that there are no third party beneficiaries to the Contract. The Vendor shall notify the City’s Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of the company or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director’s resolution approving the action, or an executed merger or acquisition agreement. Failure to do so may adversely impact future invoice payments. 44. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. No waiver by either the Contractor or the City of any one or more events of default by the other party shall operate as, or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an express or implied acceptance of any other existing or future default or defaults, whether of a similar or different character. 45. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by both parties. No pre-printed or similar terms on any the Contractor invoice, order or other document shall have any force or effect to change the terms, covenants, and conditions of the Contract. 46. INTERPRETATION: The Contract is intended by the parties as a final, complete and exclusive statement of the terms of their agreement. No course of prior dealing between the parties or course of performance or usage of the trade shall be relevant to supplement or explain any term used in the Contract. Although the Contract may have been substantially drafted by one party, it is the intent of the parties that all provisions be construed in a manner to be fair to both parties, reading no provisions more strictly against one party or the other. Whenever a term defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC definition shall control, unless otherwise defined in the Contract. 47. DISPUTE RESOLUTION: A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party may make a written request for a meeting between representatives of each party within fourteen (14) calendar days after receipt of the request or such later period as agreed by the parties. Each DocuSign Envelope ID: 6D7ABAF5-80B4-4A96-BC73-A6FC01800771 Contract # 7057 party shall include, at a minimum, one (1) senior level individual with decision-making authority regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to mediation as described below. Negotiation may be waived by a written agreement signed by both parties, in which event the parties may proceed directly to mediation as described below. B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation skills to assist with resolution of the dispute. Should they choose this option; the City and the Contractor agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in the Contract prevents the parties from relying on the skills of a person who is trained in the subject matter of the dispute or a contract interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of initiation of the mediation process, the mediator shall be selected by the Denton County Alternative Dispute Resolution Program (DCAP). The parties agree to participate in mediation in good faith for up to thirty (30) calendar days from the date of the first mediation session. The City and the Contractor will share the mediator’s fees equally and the parties will bear their own costs of participation such as fees for any consultants or attorneys they may utilize to represent them or otherwise assist them in the mediation. 48. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. All issues arising from this Contract shall be resolved in the courts of Denton County, Texas and the parties agree to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be construed or interpreted to limit or restrict the right or ability of the City to seek and secure injunctive relief from any competent authority as contemplated herein. 49. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the Contract shall in no way affect the validity or enforceability of any other portion or provision of the Contract. Any void provision shall be deemed severed from the Contract and the balance of the Contract shall be construed and enforced as if the Contract did not contain the particular portion or provision held to be void. The parties further agree to reform the Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Contract from being void should a provision which is the essence of the Contract be determined to be void. 50. HOLIDAYS: The following holidays are observed by the City: If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be New Year’s Day (observed) MLK Day Memorial Day 4th of July Labor Day Thanksgiving Day Day After Thanksgiving Christmas Eve (observed) Christmas Day (observed) New Year’s Day (observed) DocuSign Envelope ID: 6D7ABAF5-80B4-4A96-BC73-A6FC01800771 Contract # 7057 between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any scheduled deliveries or work performance not within the normal hours of operation must be approved by the City Manager of Denton, Texas or his authorized designee. 51. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose continuing obligations on the parties, including but not limited to the warranty, indemnity, and confidentiality obligations of the parties, shall survive the expiration or termination of the Contract. 52. NON-SUSPENSION OR DEBARMENT CERTIFICATION: The City of Denton is prohibited from contracting with or making prime or sub-awards to parties that are suspended or debarred or whose principals are suspended or debarred from Federal, State, or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its firm and its principals are not currently suspended or debarred from doing business with the Federal Government, as indicated by the General Services Administration List of Parties Excluded from Federal Procurement and Non-Procurement Programs, the State of Texas, or the City of Denton. 53. EQUAL OPPORTUNITY A. Equal Employment Opportunity: No Offeror, or Offeror’s agent, shall engage in any discriminatory employment practice. No person shall, on the grounds of race, sex, sexual orientation, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected to discrimination under any activities resulting from this RFQ. B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror’s agent, shall engage in any discriminatory employment practice against individuals with disabilities as defined in the ADA. 54. BUY AMERICAN ACT-SUPPLIES (Applicable to certain federally funded requirements) The following federally funded requirements are applicable. A. Definitions. As used in this paragraph – i. "Component" means an article, material, or supply incorporated directly into an end product. ii. "Cost of components" means - (1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product. iii. "Domestic end product" means- (1) An unmanufactured end product mined or produced in the United States; or (2) An end product manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic. iv. "End product" means those articles, materials, and supplies to be acquired under the contract for public use. v. "Foreign end product" means an end product other than a domestic end product. vi. "United States" means the 50 States, the District of Columbia, and outlying areas. B. The Buy American Act (41 U.S.C. 10a - 10d) provides a preference for domestic end products for supplies acquired for use in the United States. DocuSign Envelope ID: 6D7ABAF5-80B4-4A96-BC73-A6FC01800771 Contract # 7057 C. The City does not maintain a list of foreign articles that will be treated as domestic for this Contract; but will consider for approval foreign articles as domestic for this product if the articles are on a list approved by another Governmental Agency. The Offeror shall submit documentation with their Offer demonstrating that the article is on an approved Governmental list. D. The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the Solicitation entitled "Buy American Act Certificate". 55. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all information presented in any response to this contract, whether amended or not, except as prohibited by law. Selection of rejection of the submittal does not affect this right. 56. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded contractor or supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the respondent. 57. PREVAILING WAGE RATES: The contractor shall comply with prevailing wage rates as defined by the United States Department of Labor Davis-Bacon Wage Determination at http://www.dol.gov/whd/contracts/dbra.htm and at the Wage Determinations website www.wdol.gov for Denton County, Texas (WD-2509). 58. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor or supplier shall comply with all State, Federal, and Local laws and requirements. The Respondent must comply with all applicable laws at all times, including, without limitation, the following: (i) §36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas Penal Code, which prohibits the offering or conferring of benefits to public servants. The Respondent shall give all notices and comply with all laws and regulations applicable to furnishing and performance of the Contract. 59. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Respondent shall demonstrate on- site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with issuance of Form W-2's to common law employees. Respondent is responsible for both federal and State unemployment insurance coverage and standard Workers’ Compensation insurance coverage. Respondent shall ensure compliance with all federal and State tax laws and withholding requirements. The City of Denton shall not be liable to Respondent or its employees for any Unemployment or Workers' Compensation coverage, or federal or State withholding requirements. Contractor shall indemnify the City of Denton and shall pay all costs, penalties, or losses resulting from Respondent's omission or breach of this Section. 60. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions of the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701 ET SEQ.) and maintain a drug-free work environment; and the final rule, government-wide requirements for drug-free work place (grants), issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the Drug-Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be issued. 61. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The Respondent shall be liable for all damages to government-owned, leased, or occupied property and equipment caused by the Respondent and its employees, agents, subcontractors, and suppliers, including any delivery or cartage company, in connection with any performance pursuant to the DocuSign Envelope ID: 6D7ABAF5-80B4-4A96-BC73-A6FC01800771 Contract # 7057 Contract. The Respondent shall notify the City of Denton Procurement Manager in writing of any such damage within one (1) calendar day. 62. FORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be responsible for performance under the Contract should it be prevented from performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of the City of Denton. In the event of an occurrence under this Section, the Respondent will be excused from any further performance or observance of the requirements so affected for as long as such circumstances prevail and the Respondent continues to use commercially reasonable efforts to recommence performance or observance whenever and to whatever extent possible without delay. The Respondent shall immediately notify the City of Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar days of the inception of such occurrence) and describe at a reasonable level of detail the circumstances causing the non-performance or delay in performance. 63. NON-WAIVER OF RIGHTS: Failure of a Party to require performance by another Party under the Contract will not affect the right of such Party to require performance in the future. No delay, failure, or waiver of either Party’s exercise or partial exercise of any right or remedy under the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right or remedy. A waiver by a Party of any breach of any term of the Contract will not be construed as a waiver of any continuing or succeeding breach. 64. NO WAIVER OF SOVEREIGN IMMUNITY: The Parties expressly agree that no provision of the Contract is in any way intended to constitute a waiver by the City of Denton of any immunities from suit or from liability that the City of Denton may have by operation of law. 65. RECORDS RETENTION: The Respondent shall retain all financial records, supporting documents, statistical records, and any other records or books relating to the performances called for in the Contract. The Respondent shall retain all such records for a period of four (4) years after the expiration of the Contract, or until the CPA or State Auditor's Office is satisfied that all audit and litigation matters are resolved, whichever period is longer. The Respondent shall grant access to all books, records and documents pertinent to the Contract to the CPA, the State Auditor of Texas, and any federal governmental entity that has authority to review records due to federal funds being spent under the Contract. Should a conflict arise between any of the contract documents, it shall be resolved with the following order of precedence (if applicable). In any event, the final negotiated contract shall take precedence over any and all contract documents to the extent of such conflict. 1. Final negotiated contract 2. RFP/Bid documents 3. City’s standard terms and conditions 4. Purchase order 5. Supplier terms and conditions DocuSign Envelope ID: 6D7ABAF5-80B4-4A96-BC73-A6FC01800771 Contract # 7057 Exhibit D INSURANCE REQUIREMENTS AND WORKERS’ COMPENSATION REQUIREMENTS Upon contract execution, all insurance requirements shall become contractual obligations, which the successful contractor shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Contractor shall file with the Purchasing Department satisfactory certificates of insurance including any applicable addendum or endorsements, containing the contract number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: x Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A or better . x Any deductibles or self-insured retentions shall be declared in the proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. x Liability policies shall be endorsed to provide the following: ƒ Name as Additional Insured the City of Denton, its Officials, Agents, Employees and volunteers. ƒ That such insurance is primary to any other insurance available to the Additional Insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. ƒ Provide a Waiver of Subrogation in favor of the City of Denton, its officials, agents, employees, and volunteers. x Cancellation: City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. DocuSign Envelope ID: 6D7ABAF5-80B4-4A96-BC73-A6FC01800771 Contract # 7057 x Should any of the required insurance be provided under a claims made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. x Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. x Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: x Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. x Coverage B shall include personal injury. x Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: x Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. x Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. DocuSign Envelope ID: 6D7ABAF5-80B4-4A96-BC73-A6FC01800771 Contract # 7057 [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: x any auto, or x all owned hired and non-owned autos. [X] Workers’ Compensation Insurance Contractor shall purchase and maintain Workers’ Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers’ Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an “occurrence" basis and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least $500,000.00 combined bodily injury and property damage per occurrence with a $1,000,000.00 aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than $1,000,000.00 per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be DocuSign Envelope ID: 6D7ABAF5-80B4-4A96-BC73-A6FC01800771 Contract # 7057 provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Environmental Liability Insurance Environmental liability insurance for $1,000,000 to cover all hazards contemplated by this contract. [ ] Riggers Insurance The Contractor shall provide coverage for Rigger’s Liability. Said coverage may be provided by a Rigger’s Liability endorsement on the existing CGL coverage; through and Installation Floater covering rigging contractors; or through ISO form IH 00 91 12 11, Rigger’s Liability Coverage form. Said coverage shall mirror the limits provided by the CGL coverage [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a “blanket” basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than $ each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. DocuSign Envelope ID: 6D7ABAF5-80B4-4A96-BC73-A6FC01800771 Contract # 7057 ATTACHMENT 1 [X] Workers’ Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. a certificate of coverage, prior to that person beginning work on the DocuSign Envelope ID: 6D7ABAF5-80B4-4A96-BC73-A6FC01800771 Contract # 7057 project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2. no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2. provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. obtain from each other person with whom it contracts, and provide to the contractor: a. a certificate of coverage, prior to the other person beginning work on the project; and DocuSign Envelope ID: 6D7ABAF5-80B4-4A96-BC73-A6FC01800771 Contract # 7057 b. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6. notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor’s failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. DocuSign Envelope ID: 6D7ABAF5-80B4-4A96-BC73-A6FC01800771 Contract # 7057 Exhibit E Certificate of Interested Parties Electronic Filing In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that the City may not enter into this contract unless the Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. Contractor will be required to furnish a Certificate of Interest Parties before the contract is awarded, in accordance with Government Code 2252.908. The contractor shall: 1. Log onto the State Ethics Commission Website at : https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm 2. Register utilizing the tutorial provided by the State 3. Print a copy of the completed Form 1295 4. Enter the Certificate Number on page 2 of this contract. 5. Complete and sign the Form 1295 6. Email the form to purchasing@cityofdenton.com with the contract number in the subject line. (EX: Contract 1234 – Form 1295) The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission’s website within seven business days. DocuSign Envelope ID: 6D7ABAF5-80B4-4A96-BC73-A6FC01800771 Contract # 7057 Exhibit F Respondent's Business Name: IBM Corporation Principal Place of Business (City and State) Andover, Massachusetts RFP -7057 Pricing Sheet for WEATHER FORECASTING SERVICES The respondent shall complete the following sections, which directly corresponds to the specifications. Pricing must be provided as separate services, allowing the City to select and award by section. Offers that do not allow the City to select individual services will not be considered. Section 5 is an alternate section, which may or may not be selected by the City. This section is for potential package savings. Suppliers are invited to list package options showing the savings available. The City has the option to award by section or group of sections, whichever is the most advantageous to the City. Product Proposal Pricing (PRICING SHALL INCLUDE ALL COSTS TO DELIVER GOODS AS SPECIFIED F.O.B DESTINATION): Line EST. ANNUAL QTY UOM Product Description Indicate % Savings for package option Unit Price (Annual) Total Contract Price (3 Year cost) Estimated Implementation ARO (Days) Section 1 2 1 YR WEATHER FORECASTING SERVICE $ 19,100.00 $ 57,300.00 1 DocuSign Envelope ID: 6D7ABAF5-80B4-4A96-BC73-A6FC01800771 Attachment A Clarifications and Modifications City of Denton, TX REQUEST FOR PROPOSALS 7057 Pursuant to the instructions provided by the City of Denton (the “City”) under Request for Proposal 7057 (the “RFP”), International Business Machines Corporation (“IBM” or “Contractor”) provides the following clarifications and modifications to the terms and conditions listed in the RFP, which RFP terms and conditions the City and IBM agree are superseded by the modified provisions set forth below. Clarifications and Modifications City of Denton’s RFP Provision Modified provision governing and applying to this Contract 31. INDEMNITY: A. Definitions: i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action, judgments and liability of every character, type or description, including all reasonable costs and expenses of litigation, mediation or other alternate dispute resolution mechanism, including attorney and other professional fees for: (1) damage to or loss of the property of any person (including, but not limited to the City, the Contractor, their respective agents, officers, employees and subcontractors; the officers, agents, and employees of such subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or wages to any person (including but not limited to the agents, officers and employees of the City, the Contractor, the Contractor’s subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non- conforming deliverables, negligence, willful misconduct or a breach of any legally imposed strict liability standard. B. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CITY), INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO, CONCERNING OR RESULTING FROM THE FAULT OF THE CONTRACTOR, OR THE CONTRACTOR'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THE CONTRACTOR’S OBLIGATIONS UNDER THE CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF THE CITY OR THE CONTRACTOR (INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO SEEK CONTRIBUTION) 31. INDEMNITY AND CONTRACTOR’S LIMITATION OF LIABILITY: Indemnity. City shall not be liable for, and Contractor shall defend, indemnify and hold City harmless by defending City at Contractor’s expense from, any and all third party claims for damages on account of bodily injury to persons (including death), or damage to real property or tangible personal property to that third party, and pay all costs, damages and attorneys’ fees that a court finally awards or that are included in a settlement approved by Contractor; provided that City shall promptly notify Contractor in writing of the claim, and allow Contractor to control the defense and will cooperate with Contractor in the defense and any related settlement negotiations. Contractor has no responsibility for claims based, in whole or part, on non-Contractor services, items not provided by Contractor, or any violation of law or third-party rights caused by City’s content, materials, designs, or specifications. This indemnification is City’s sole and exclusive remedy infringement by a Service of a third party’s trademark, copyright or patent, or misappropriation of a third party’s trade secret. Contractor’s Limitation of Liability. a. Contractor's entire liability for all claims related to the Agreement will not exceed the amount of any actual direct damages incurred by City up to the amounts paid (if recurring charges, up to 12 months' charges apply) for the product or service that is the subject of the claim, regardless of the basis of the claim. Contractor will not be liable for special, incidental, exemplary, indirect, or economic consequential damages, or lost profits, business, value, revenue, goodwill, or anticipated savings. These limitations apply collectively to Contractor, its affiliates, contractors, and suppliers. b. The following amounts are not subject to the above cap: i) third party payments referred to in the paragraph below; and ii) damages that cannot be limited under applicable law. DocuSign Envelope ID: 6D7ABAF5-80B4-4A96-BC73-A6FC01800771 AGAINST ANY THIRD PARTY WHO MAY BE LIABLE FOR AN INDEMNIFIED CLAIM. c. If a third party asserts a claim against City that an Contractor Product acquired under the Agreement infringes a patent or copyright, Contractor will defend City against that claim and pay amounts finally awarded by a court against City or included in a settlement approved by Contractor, provided that City promptly: i) notifies Contractor in writing of the claim; ii) supplies information requested by Contractor; and iii) allows Contractor to control, and reasonably cooperates in, the defense and settlement, including mitigation efforts. d. Contractor has no responsibility for claims based on Non- Contractor Products, items not provided by Contractor, or any violation of law or third party rights caused by Content, or any City materials, designs, specifications, or use of a non-current version or release of an Contractor Product when an infringement claim could have been avoided by using a current version or release. 36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title to the deliverables and (ii) the deliverables supplied by the Contractor in accordance with the specifications in the Contract will not infringe, directly or contributorily, any patent, trademark, copyright, trade secret, or any other intellectual property right of any kind of any third party; that no claims have been made by any person or entity with respect to the ownership or operation of the deliverables and the Contractor does not know of any valid basis for any such claims. The Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless from and against all liability, damages, and costs (including court costs and reasonable fees of attorneys and other professionals) arising out of or resulting from: (i) any claim that the City’s exercise anywhere in the world of the rights associated with the City’s’ ownership, and if applicable, license rights, and its use of the deliverables infringes the intellectual property rights of any third party; or (ii) the Contractor’s breach of any of Contractor’s representations or warranties stated in this Contract. In the event of any such claim, the City shall have the right to monitor such claim or at its option engage its own separate counsel to act as co- counsel on the City’s behalf. Further, Contractor agrees that the City’s specifications regarding the deliverables shall in no way diminish Contractor’s warranties or obligations under this paragraph and the City makes no warranty that the production, development, or delivery of such deliverables will not impact such warranties of Contractor. 36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor shall indemnify, and hold City harmless, by defending City at Contractor’s expense, against any third party claim for damages that any Deliverable (other than the COTS Software) infringes that parties patent, copyright, trademark, or trade secret, and will pay all costs, damages, and attorney’s fees that a court finally awards against City or that are included in a settlement approved in advance by Contractor, provided that City: (i) promptly notifies Contractor in writing of the claim; and (ii) allows Contractor to control the defense and reasonably cooperates with Contractor in the defense and any related settlement negotiations. If any Deliverable (other than the COTS Software) is, or in Contractor’s or City’s opinion likely to be the subject of any such third party claim, Contractor shall at its expense either (i) procure the right for City to continue to use the Deliverable; (ii) modify it; or (iii) replace it with one that is at least functionally equivalent. If Contractor determines that none of these alternatives is reasonably available, then on Contractor’s written request, City agrees to promptly return the Deliverable to Contractor and discontinue its use. Contractor will then give City a credit equal to the amount City paid Contractor for the creation of the Deliverable. Without limiting the City’s other rights and Contractor’s obligations under this Section 10.4, City shall have the right to employ counsel at its own expense for, and participate in the defense of, any claim. Contractor has no obligation regarding any claim based on any of the following: a. any material allegedly infringing or actually infringing provided by City or a third party on City’s behalf that is incorporated into a Deliverable or Contractor’s compliance with any designs, specifications, or instructions provided by City or a third party on City’s behalf; b. modification of a Deliverable by City or a third party, excluding Contractor’s subcontractors, on City’s behalf; c. the combination, operation, or use of a Deliverable with any product, hardware device, program, data, apparatus, method, or process that Contractor did not provide as a system, if the infringement would not have occurred were it not for such DocuSign Envelope ID: 6D7ABAF5-80B4-4A96-BC73-A6FC01800771 combination, operation or use; or d. the distribution, operation or use of a Deliverable outside of the City’s operations. This section 36 states Contractor’s entire obligation and City’s exclusive remedy regarding any third party intellectual property claims. 45. ASSIGNMENT-DELEGATION: The Contract shall be binding upon and ensure to the benefit of the City and the Contractor and their respective successors and assigns, provided however, that no right or interest in the Contract shall be assigned and no obligation shall be delegated by the Contractor without the prior written consent of the City. Any attempted assignment or delegation by the Contractor shall be void unless made in conformity with this paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity not a party hereto; it being the intention of the parties that there are no third party beneficiaries to the Contract. The Vendor shall notify the City’s Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of the company or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director’s resolution approving the action, or an executed merger or acquisition agreement. Failure to do so may adversely impact future invoice payments. The RFP provision, “45 ASSIGNMENT-DELEGATION”, is fully retained and includes the following added sentence: “Assignment of Contractor rights to receive payments is not restricted.” DocuSign Envelope ID: 6D7ABAF5-80B4-4A96-BC73-A6FC01800771 Exhibit CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Sec tion 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information in this section is being disclosed. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of one percent or more? Yes No D. Describe each employment or business and family relationship with the local government officer named in this section. 4 I have no Conflict of Interest to disclose. 5 Signature of vendor doing business with the governmental entity Date DocuSign Envelope ID: 6D7ABAF5-80B4-4A96-BC73-A6FC01800771           Certificate Of Completion Envelope Id: 6D7ABAF580B44A96BC73A6FC01800771 Status: Sent Subject: Please DocuSign: City Council Contract 7057 Weather Forecasting Service - IBM Source Envelope: Document Pages: 34 Signatures: 4 Envelope Originator: Certificate Pages: 6 Initials: 1 Monisa Rogers AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 Monisa.Rogers@cityofdenton.com IP Address: 129.120.6.150 Record Tracking Status: Original 9/6/2019 11:25:33 AM Holder: Monisa Rogers Monisa.Rogers@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Monisa Rogers monisa.rogers@cityofdenton.com Senior Buyer City Of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 129.120.6.150 Sent: 9/6/2019 11:31:49 AM Viewed: 9/6/2019 11:31:59 AM Signed: 9/6/2019 11:34:10 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Tabitha Millsop tabitha.millsop@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 129.120.6.150 Sent: 9/6/2019 11:34:12 AM Resent: 9/6/2019 11:35:15 AM Viewed: 9/6/2019 11:45:11 AM Signed: 9/6/2019 12:22:00 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Mack Reinwand mack.reinwand@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 129.120.6.150 Sent: 9/6/2019 12:22:03 PM Viewed: 9/9/2019 9:14:29 AM Signed: 9/9/2019 9:16:23 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Michael Germaske michael.germaske@ibm.com Account Manager Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 129.33.253.147 Sent: 9/9/2019 9:16:25 AM Resent: 9/12/2019 10:11:21 AM Resent: 9/16/2019 9:30:22 AM Viewed: 9/9/2019 10:42:31 AM Signed: 9/17/2019 1:17:42 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp Terry Naulty terry.naulty@cityofdenton.com Assistant General Manager Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 162.72.151.48 Sent: 9/17/2019 1:17:45 PM Resent: 9/19/2019 9:38:17 AM Viewed: 9/19/2019 7:12:21 PM Signed: 9/19/2019 7:13:21 PM Electronic Record and Signature Disclosure: Accepted: 9/19/2019 7:12:21 PM ID: 70554ca3-cabd-440b-88a6-69efc0b31f8d Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Sent: 9/19/2019 7:13:24 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Todd Hileman Todd.Hileman@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/25/2017 11:02:14 AM ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21 Rosa Rios rosa.rios@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Ierson Signer Events Signature Timestamp Editor DeliverI Events Status Timestamp Igent DeliverI Events Status Timestamp IntermediarI DeliverI Events Status Timestamp CertiIied DeliverI Events Status Timestamp CarIon CopI Events Status Timestamp Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Sent: 9/6/2019 11:34:12 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Sherri Thurman sherri.thurman@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Sent: 9/6/2019 11:34:12 AM CarIon CopI Events Status Timestamp Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane Richardson jane.richardson@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Stephen Johnson stephen.johnson@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Iitness Events Signature Timestamp IotarI Events Signature Timestamp Envelope SummarI Events Status Timestamps Envelope Sent Hashed/Encrypted 9/19/2019 7:13:24 PM IaIment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. 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All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. 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McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 19-2434,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,authorizing the City Manager to execute a Professional Services Agreement with Raftelis Financial Consultants,Inc.,for Water and Wastewater Utilities Cost of Service and Rate Design Study as set forth in the contract;providing for the expenditure of funds therefor;and providing an effective date (RFQ 7105 -Professional Services Agreement for Water and Wastewater Utilities Cost of Service and Rate Design Study awarded to Raftelis Financial Consultants,Inc.,in the not-to-exceed amount of $108,470).The Public Utilities Board recommends approval (6 - 0). City of Denton Printed on 10/15/2019Page 1 of 1 powered by Legistar™ City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance CFO: Antonio Puente, Jr. DATE: October 22, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement with Raftelis Financial Consultants, Inc., for Water and Wastewater Utilities Cost of Service and Rate Design Study as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7105 – Professional Services Agreement for Water and Wastewater Utilities Cost of Service and Rate Design St udy awarded to Raftelis Financial Consultants, Inc., in the not-to-exceed amount of $108,470). The Public Utilities Board recommends approval (6 - 0). RFQ INFORMATION/BACKGROUND The Water and Wastewater Utilities has contracted for outside consulting services to perform the cost of service and rate design analyses approximately every five years. Contracts with our wholesale customers also require a rate study to be performed by an outside consultant within the same timeframe. During interim years, in-house financial staff members perform these studies. These consulting services provide expertise in reviewing all departmental costs (both direct and indirect) and allocation processes, which helps to ensure rates to ensure among all rate classes. Although separate Water and Wastewater rate studies could be accomplished, the close operational relationship between the two utilities makes it technically and financially desirable to complete the studies in one coordinated effort. An external Water and Wastewater cost of service/rate design study was included in the FY 2019-2020 operating budget. Their project team will consist of Mr. Rick Giardina, as project director. Ms. Angie Flores will serve as the project manager and Mr. Todd Cristiano will serve as a Quality Assurance/Quality Control (QA/QC) Manager. Additional analytical support will be provided by supporting staff. Raftelis Financial Consultants, Inc., have been involved in numerous water and wastewater cost of service analyses across the United States and in Texas. Request for Qualifications (RFQ) for professional consulting services was sent to 397 prospective firms for these services. In addition, the RFQ was placed on the Materials Management website for prospective respondents to download, and advertised in the local newspaper. Based upon this evaluation, the recommended award is to Raftelis Financial Consultants, Inc., and is determined to be the most qualified firm for the City. City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com NIGP Code Used for Solicitation: 918 – Consulting Services Notifications sent for Solicitation sent in IonWave: 397 Number of Suppliers that viewed Solicitation in IonWave: 10 HUB-Historically Underutilized Business Invitations sent out: 33 SBE-Small Business Enterprise Invitations sent out: 172 Responses from Solicitation: 3 PRIOR ACTION/REVIEW (Council, Boards, Commissions) On October 14, 2019, the Public Utilities Board (PUB) recommended this item to the City Council for consideration. RECOMMENDATION Award a contract with Raftelis Financial Consultants, Inc., for the supply of Water and Wastewater Utilities Cost of Service and Rate Design Study services for the Water and Wastewater Utilities, in a not-to-exceed amount of $108,470. PRINCIPAL PLACE OF BUSINESS Raftelis Financial Consultants, Inc. Austin, TX ESTIMATED SCHEDULE OF PROJECT This project will be started upon approval with a completion date by May 31, 2020. FISCAL INFORMATION These services will be funded from Water and Wastewater Administration accounts 630430517 and 640408541. Requisition #143782 has been entered into the Purchasing software system in the amount of $108,470. The budgeted amount for this item is $108,470. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Evaluation Tab Exhibit 3: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Kenneth Banks, 940-349-7165. Legal point of contact: Mack Reinwand at 940-349-8333. Exhibit 2 RFQ 7105 - Evaluation Sheet for Water/Wastewater Utilities Cost of Service and Rate Design Study Proposed project scope and content Past Performance and experience Experience & Qualifications Key Personnel Schedule Total Rank Firm 25%30%25%20%100% 1 Raftelis Financial Consultants, Inc.20%26%22%17%85% 2 NewGen Strategies & Solutions, LLC 19%24%21%15%80% 3 Stantec Consulting Services, Inc.19%24%22%16%81% Docusign City Council Transmittal Coversheet File Name Purchasing Contact City Council Target Date Piggy Back Option Contract Expiration Ordinance DocuSign Envelope ID: 77B466B8-E086-4616-B1D8-3E575E0C31B6 Jane Rogers Water Rate Design Study - Raftelis Yes 7105RFP Contract # 7105 CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND RAFTELIS FINANCIAL CONSULTANTS, INC. (CONTRACT 7105) THIS CONTRACT is made and entered into this date ______________________, by and between Raftelis Financial Consultants, Inc., a North Carolina corporation, whose address is 3755 S. Capital of Texas Highway, Suite 155, Austin, Texas 78704, hereinafter referred to as "Contractor," and the CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and subsequent execution of this Contract by the Denton City Manager or his duly authorized designee. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: SCOPE OF SERVICES Supplier shall provide products and/or services in accordance with the City’s document RFQ 7105 Water/Wasewater Utilities Cost of Service and Rate Design Study, a copy of which is on file at the office of Purchasing Agent and incorporated herein for all purposes. The Contract consists of this written agreement and the following items which are attached hereto and incorporated herein by reference: (a) Special Terms and Conditions (Exhibit “A”); (b) City of Denton’s RFQ 7105 (Exhibit “B” on File at the Office of the Purchasing Agent); (c) City of Denton Standard Terms and Conditions (Exhibit “C”); (d) Insurance Requirements (Exhibit “D”); (e) Certificate of Interested Parties Electronic Filing (Exhibit "E"); (f) Contractor’s Proposal (Exhibit "F"); (g) Form CIQ – Conflict of Interest Questionnaire (Exhibit "G"); These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to the written agreement then to the contract documents in the order in which they are listed above. These documents shall be referred to collectively as “Contract Documents.” Prohibition on Contracts with Companies Boycotting Israel Supplier acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms “boycott Israel” and “company” shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this agreement, Supplier certifies that Supplier’s signature provides written verification to the City that Supplier: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the agreement. Failure to meet or maintain the requirements under this provision will be considered a material breach. Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or a Foreign DocuSign Envelope ID: 77B466B8-E086-4616-B1D8-3E575E0C31B6 Contract # 7105 Terrorist Organization Section 2252 of the Texas Government Code restricts CITY from contracting with companies that do business with Iran, Sudan, or a foreign terrorist organization. By signing this agreement, Supplier certifies that Supplier’s signature provides written verification to the City that Supplier, pursuant to Chapter 2252, is not ineligible to enter into this agreement and will not become ineligible to receive payments under this agreement by doing business with Iran, Sudan, or a foreign terrorist organization. Failure to meet or maintain the requirements under this provision will be considered a material breach. The parties agree to transact business electronically. Any statutory requirements that certain terms be in writing will be satisfied using electronic documents and signing. Electronic signing of this document will be deemed an original for all legal purposes. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. CONTRACTOR BY: ______________________________ AUTHORIZED SIGNATURE Date: _______________________________ Printed Name: ________________________ Title: _______________________________ ___________________________________ PHONE NUMBER ___________________________________ EMAIL ADDRESS ___________________________________ APPROVED AS TO LEGAL FORM: TEXAS ETHICS COMMISSION AARON LEAL, CITY ATTORNEY CERTIFICATE NUMBER BY: __________________________________ CITY OF DENTON, TEXAS ATTEST: ROSA RIOS, CITY SECRETARY BY: ______________________ TODD HILEMAN BY: _________________________________ CITY MANAGER Date: THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. _______________ ________________ SIGNATURE PRINTED NAME __________________________________ TITLE __________________________________ DEPARTMENT DocuSign Envelope ID: 77B466B8-E086-4616-B1D8-3E575E0C31B6 537854 rgiardina@raftelis.com 9/16/2019 303-305-1136 Executive Vice President Richard Giardina Water Utilities Director Water Utilities Frank Pugsley Contract # 7105 Exhibit A Special Terms and Conditions 1. Total Contract Amount The contract total for services shall not exceed $108,470. Pricing shall be per Exhibit F attached to not include Optional Task 10: Bill Calculator of $27,720. 2. Contract Terms The Contract shall commence upon the issuance of a Notice to Proceed or Purchase Order by the City of Denton and shall automatically expire upon completion of the work or receipt of the materials, and acceptance by the City of Denton. DocuSign Envelope ID: 77B466B8-E086-4616-B1D8-3E575E0C31B6 Contract # 7105 Exhibit C Standard Purchase Terms and Conditions These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other requirements included in the City of Denton’s contract are applicable to contracts/purchase orders issued by the City of Denton hereinafter referred to as the City or Buyer and the Seller or respondent herein after referred to as Contractor or Supplier. Any deviations must be in writing and signed by a representative of the City’s Procurement Department and the Supplier. No Terms and Conditions contained in the seller’s proposal response, invoice or statement shall serve to modify the terms set forth herein. If there is a conflict between the provisions on the face of the contract/purchase order these written provisions will take precedence. The Contractor agrees that the contract shall be governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a solicitation to purchase goods, and sections 9, 10, 11, 22 and 32 shall apply only to a solicitation to purchase services to be performed principally at the City’s premises or on public rights-of-way. 1. CONTRACTOR’S OBLIGATIONS. The Contractor shall fully and timely provide all deliverables described in the Solicitation and in the Contractor’s Offer in strict accordance with the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local laws, rules, and regulations. 2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract shall be effective as of the date the contract is signed by the City, and shall continue in effect until all obligations are performed in accordance with the Contract. 3. CONTRACTOR TO PACKAGE DELIVERABLES: The Contractor will package deliverables in accordance with good commercial practice and shall include a packing list showing the description of each item, the quantity and unit price unless otherwise provided in the Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly and permanently marked as follows: (a) The Contractor's name and address, (b) the City’s name, address and purchase order or purchase release number and the price agreement number if applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container bearing the packing list. The Contractor shall bear cost of packaging. Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all the requirements of common carriers and any applicable specification. The City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 4. SHIPMENT UNDER RESERVATION PROHIBITED: The Contractor is not authorized to ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of deliverables. 5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City only when the City actually receives and accepts the deliverables. DocuSign Envelope ID: 77B466B8-E086-4616-B1D8-3E575E0C31B6 Contract # 7105 6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and Conditions. Unless otherwise stated in the Offer, the Contractor’s price shall be deemed to include all delivery and transportation charges. The City shall have the right to designate what method of transportation shall be used to ship the deliverables. The place of delivery shall be that set forth the purchase order. 7. RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under law, including, but not limited to the Uniform Commercial Code, to inspect the deliverables at delivery before accepting them, and to reject defective or non-conforming deliverables. If the City has the right to inspect the Contractor’s, or the Contractor’s Subcontractor’s, facilities, or the deliverables at the Contractor’s, or the Contractor’s Subcontractor’s, premises, the Contractor shall furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance to the City to facilitate such inspection. 8. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables must fully comply with all provisions of the Contract as to time of delivery, quality, and quantity. Any non-complying tender shall constitute a breach and the Contractor shall not have the right to substitute a conforming tender; provided, where the time for performance has not yet expired, the Contractor may notify the City of the intention to cure and may then make a conforming tender within the time allotted in the contract. 9. PLACE AND CONDITION OF WORK: The City shall provide the Contractor access to the sites where the Contractor is to perform the services as required in order for the Contractor to perform the services in a timely and efficient manner, in accordance with and subject to the applicable security laws, rules, and regulations. The Contractor acknowledges that it has satisfied itself as to the nature of the City’s service requirements and specifications, the location and essential characteristics of the work sites, the quality and quantity of materials, equipment, labor and facilities necessary to perform the services, and any other condition or state of fact which could in any way affect performance of the Contractor’s obligations under the contract. The Contractor hereby releases and holds the City harmless from and against any liability or claim for damages of any kind or nature if the actual site or service conditions differ from expected conditions. The contractor shall, at all times, exercise reasonable precautions for the safety of their employees, City Staff, participants and others on or near the City’s facilities. 10. WORKFORCE A. The Contractor shall employ only orderly and competent workers, skilled in the performance of the services which they will perform under the Contract. B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while engaged in participating or responding to a solicitation or while in the course and scope of delivering goods or services under a City of Denton contract or on the City's property . i. use or possess a firearm, including a concealed handgun that is licensed under state law, except as required by the terms of the contract; or ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. DocuSign Envelope ID: 77B466B8-E086-4616-B1D8-3E575E0C31B6 Contract # 7105 C. If the City or the City's representative notifies the Contractor that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the Contractor shall immediately remove such worker from Contract services, and may not employ such worker again on Contract services without the City's prior written consent. Immigration: The Contractor represents and warrants that it shall comply with the requirements of the Immigration Reform and Control Act of 1986 and 1990 regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor or services under the Contract and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA) enacted on September 30, 1996. 11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS: The Contractor, it’s Subcontractors, and their respective employees, shall comply fully with all applicable federal, state, and local health, safety, and environmental laws, ordinances, rules and regulations in the performance of the services, including but not limited to those promulgated by the City and by the Occupational Safety and Health Administration (OSHA). In case of conflict, the most stringent safety requirement shall govern. The Contractor shall indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments, fines, penalties and liability of every kind arising from the breach of the Contractor’s obligations under this paragraph. Environmental Protection: The Respondent shall be in compliance with all applicable standards, orders, or regulations issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 et seq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. §1251 et seq.). 12. INVOICES: A. The Contractor shall submit separate invoices in duplicate on each purchase order or purchase release after each delivery. If partial shipments or deliveries are authorized by the City, a separate invoice must be sent for each shipment or delivery made. B. Proper Invoices must include a unique invoice number, the purchase order or delivery order number and the master agreement number if applicable, the Department’s Name, and the name of the point of contact for the Department. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, shall be attached to the invoice. The Contractor’s name, remittance address and, if applicable, the tax identification number on the invoice must exactly match the information in the Vendor’s registration with the City. Unless otherwise instructed in writing, the City may rely on the remittance address specified on the Contractor’s invoice. C. Invoices for labor shall include a copy of all time-sheets with trade labor rate and deliverables order number clearly identified. Invoices shall also include a tabulation of work-hours at the appropriate rates and grouped by work order number. Time billed for labor shall be limited to hours actually worked at the work site. D. Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all Subcontract and other authorized expenses at actual cost without markup. E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced amount. The City will furnish a tax exemption certificate upon request. 13. PAYMENT: DocuSign Envelope ID: 77B466B8-E086-4616-B1D8-3E575E0C31B6 Contract # 7105 A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within thirty (30) calendar days of the City’s receipt of the deliverables or of the invoice being received in Accounts Payable, whichever is later. B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or the maximum lawful rate; except, if payment is not timely made for a reason for which the City may withhold payment hereunder, interest shall not accrue until ten (10) calendar days after the grounds for withholding payment have been resolved. C. If partial shipments or deliveries are authorized by the City, the Contractor will be paid for the partial shipment or delivery, as stated above, provided that the invoice matches the shipment or delivery. D. The City may withhold or set off the entire payment or part of any payment otherwise due the Contractor to such extent as may be necessary on account of: i. delivery of defective or non-conforming deliverables by the Contractor; ii. third party claims, which are not covered by the insurance which the Contractor is required to provide, are filed or reasonable evidence indicating probable filing of such claims; iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment; iv. damage to the property of the City or the City’s agents, employees or contractors, which is not covered by insurance required to be provided by the Contractor; v. reasonable evidence that the Contractor’s obligations will not be completed within the time specified in the Contract, and that the unpaid balance would not be adequate to cover actual or damages for the anticipated delay; vi. failure of the Contractor to submit proper invoices with purchase order number, with all required attachments and supporting documentation; or vii. failure of the Contractor to comply with any material provision of the Contract Documents. E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton for delinquent taxes, the City may offset indebtedness owed the City through payment withholding. F. Payment will be made by check unless the parties mutually agree to payment by credit card or electronic transfer of funds. The Contractor agrees that there shall be no additional charges, surcharges, or penalties to the City for payments made by credit card or electronic funds transfer. G. The awarding or continuation of this contract is dependent upon the availability of funding. The City’s payment obligations are payable only and solely from funds Appropriated and available for this contract. The absence of Appropriated or other lawfully available funds shall render the Contract null and void to the extent funds are not Appropriated or available and any deliverables delivered but unpaid shall be returned to the Contractor. The City shall provide the Contractor written notice of the failure of the City to make an adequate Appropriation for any fiscal year to pay the amounts due under the Contract, or the reduction of any Appropriation to an amount insufficient to permit the City to pay its obligations under the Contract. In the event of none or inadequate appropriation of funds, there will be no penalty nor removal fees charged to the City. 14. TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the Contract shall be paid by the Contractor, unless otherwise stated in the contract terms. During the term of this contract, the contractor shall bill and the City shall reimburse contractor for all reasonable and approved out of pocket expenses which are incurred in the connection with the performance of duties hereunder. Notwithstanding the foregoing, expenses for the time spent by the contractor in traveling to and from City facilities shall not be reimbursed, unless otherwise DocuSign Envelope ID: 77B466B8-E086-4616-B1D8-3E575E0C31B6 Contract # 7105 negotiated. 15. FINAL PAYMENT AND CLOSE-OUT: A. If a DBE/MBE/WBE Program Plan is agreed to and the Contractor has identified Subcontractors, the Contractor is required to submit a Contract Close-Out MBE/WBE Compliance Report to the Purchasing Manager no later than the 15th calendar day after completion of all work under the contract. Final payment, retainage, or both may be withheld if the Contractor is not in compliance with the requirements as accepted by the City. B. The making and acceptance of final payment will constitute: i. a waiver of all claims by the City against the Contractor, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Contractor’s continuing obligations under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the City’s right to audit; and ii. a waiver of all claims by the Contractor against the City other than those previously asserted in writing and not yet settled. 16. SPECIAL TOOLS & TEST EQUIPMENT: If the price stated on the Offer includes the cost of any special tooling or special test equipment fabricated or required by the Contractor for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the City and shall be identified by the Contractor as such. 17. RIGHT TO AUDIT: A. The City shall have the right to audit and make copies of the books, records and computations pertaining to the Contract. The Contractor shall retain such books, records, documents and other evidence pertaining to the Contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within ten (10) business days of written request. Further, the Contractor shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to the Contract, and to allow the City similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the City unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the Contractor which must be payable within five (5) business days of receipt of an invoice. B. Failure to comply with the provisions of this section shall be a material breach of the Contract and shall constitute, in the City’s sole discretion, grounds for termination thereof. Each of the terms “books”, “records”, “documents” and “other evidence”, as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. 18. SUBCONTRACTORS: A. If the Contractor identified Subcontractors in a DBE/MBE/WBE agreed to Plan, the Contractor shall comply with all requirements approved by the City. The Contractor shall not initially employ any Subcontractor except as provided in the Contractor’s Plan. The Contractor shall not substitute any Subcontractor identified in the Plan, unless the substitute has been accepted by the City in writing. No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or DocuSign Envelope ID: 77B466B8-E086-4616-B1D8-3E575E0C31B6 Contract # 7105 remedies of the City with respect to defective deliverables provided by a Subcontractor. If a Plan has been approved, the Contractor is additionally required to submit a monthly Subcontract Awards and Expenditures Report to the Procurement Manager, no later than the tenth calendar day of each month. B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract between the Contractor and Subcontractor. The terms of the subcontract may not conflict with the terms of the Contract, and shall contain provisions that: i. require that all deliverables to be provided by the Subcontractor be provided in strict accordance with the provisions, specifications and terms of the Contract; ii. prohibit the Subcontractor from further subcontracting any portion of the Contract without the prior written consent of the City and the Contractor. The City may require, as a condition to such further subcontracting, that the Subcontractor post a payment bond in form, substance and amount acceptable to the City; iii. require Subcontractors to submit all invoices and applications for payments, including any claims for additional payments, damages or otherwise, to the Contractor in sufficient time to enable the Contractor to include same with its invoice or application for payment to the City in accordance with the terms of the Contract; iv. require that all Subcontractors obtain and maintain, throughout the term of their contract, insurance in the type and amounts specified for the Contractor, with the City being a named insured as its interest shall appear; and v. require that the Subcontractor indemnify and hold the City harmless to the same extent as the Contractor is required to indemnify the City. C. The Contractor shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the Contractor is responsible for the Contractor's own acts and omissions. Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual relationship between the City and any such Subcontractor, nor shall it create any obligation on the part of the City to pay or to see to the payment of any moneys due any such Subcontractor except as may otherwise be required by law. D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the Contractor not later than ten (10) calendar days after receipt of payment from the City. 19. WARRANTY-PRICE: A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's current prices on orders by others for like deliverables under similar terms of purchase. B. The Contractor certifies that the prices in the Offer have been arrived at independently without consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such fees with any other firm or with any competitor. C. In addition to any other remedy available, the City may deduct from any amounts owed to the Contractor, or otherwise recover, any amounts paid for items in excess of the Contractor's current prices on orders by others for like deliverables under similar terms of purchase. 20. WARRANTY – TITLE: The Contractor warrants that it has good and indefeasible title to all deliverables furnished under the Contract, and that the deliverables are f ree and clear of all liens, claims, security interests and encumbrances. The Contractor shall indemnify and hold the City harmless from and against all adverse title claims to the deliverables. 21. WARRANTY – DELIVERABLES: The Contractor warrants and represents that all deliverables sold the City under the Contract shall be free from defects in design, workmanship or DocuSign Envelope ID: 77B466B8-E086-4616-B1D8-3E575E0C31B6 Contract # 7105 manufacture, and conform in all material respects to the specifications, drawings, and descriptions in the Solicitation, to any samples furnished by the Contractor, to the terms, covenants and conditions of the Contract, and to all applicable State, Federal or local laws, rules, and regulations, and industry codes and standards. Unless otherwise stated in the Solicitation, the deliverables shall be new or recycled merchandise, and not used or reconditioned. A. Recycled deliverables shall be clearly identified as such. B. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law; and any attempt to do so shall be without force or effect. C. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the date of acceptance of the deliverables or from the date of acceptance of any replacement deliverables. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand either repair the non-conforming deliverables, or replace the non-conforming deliverables with fully conforming deliverables, at the City’s option and at no additional cost to the City. All costs incidental to such repair or replacement, including but not limited to, any packaging and shipping costs shall be borne exclusively by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach of warranty, but failure to give timely notice shall not impair the City’s rights under this section. D. If the Contractor is unable or unwilling to repair or replace defective or non-conforming deliverables as required by the City, then in addition to any other available remedy, the City may reduce the quantity of deliverables it may be required to purchase under the Contract from the Contractor, and purchase conforming deliverables from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such deliverables from another source. E. If the Contractor is not the manufacturer, and the deliverables are covered by a separate manufacturer’s warranty, the Contractor shall transfer and assign such manufacturer’s warranty to the City. If for any reason the manufacturer’s warranty cannot be fully transferred to the City, the Contractor shall assist and cooperate with the City to the fullest extent to enforce such manufacturer’s warranty for the benefit of the City. 22. WARRANTY – SERVICES: The Contractor warrants and represents that all services to be provided the City under the Contract will be fully and timely performed in a good and workmanlike manner in accordance with generally accepted industry standards and practices, the terms, conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules or regulations. A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law, and any attempt to do so shall be without force or effect. B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the Acceptance Date. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand perform the services again in accordance with above standard at no additional cost to the City. All costs incidental to such additional performance shall be borne by the Contractor. The City shall endeavor t o give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach warranty, but failure to give timely notice shall not impair the City’s rights under this section. C. If the Contractor is unable or unwilling to perform its services in accordance with the above standard as required by the City, then in addition to any other available remedy, the City may DocuSign Envelope ID: 77B466B8-E086-4616-B1D8-3E575E0C31B6 Contract # 7105 reduce the amount of services it may be required to purchase under the Contract from the Contractor, and purchase conforming services from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such services from another source. 23. ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES: If, instead of requiring immediate correction or removal and replacement of defective or non - conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay all claims, costs, losses and damages attributable to the City’s evaluation of and determination to accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non-conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Contractor. 24. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to question the other party’s intent to perform, demand may be made to the other party for written assurance of the intent to perform. In the event that no assurance is given within the time specified after demand is made, the demanding party may treat this failure as an anticipatory repudiation of the Contract. 25. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event the Contractor is observed performing in a manner that is in violation of Federal, State, or local guidelines, or in a manner that is determined by the City to be unsafe to either life or property. Upon notification, the Contractor will cease all work until notified by the City that the violation or unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by the City as a result of the issuance of such Stop Work Notice. 26. DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails to fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in Contractor’s Offer, or in any report or deliverable required to be submitted by the Contractor to the City. 27. TERMINATION FOR CAUSE: In the event of a default by the Contractor, the City shall have the right to terminate the Contract for cause, by written notice effective ten (10) calendar days, unless otherwise specified, after the date of such notice, unless the Contractor, within su ch ten (10) day period, cures such default, or provides evidence sufficient to prove to the City’s reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy available under law or in equity, the City shall be entitled to recover all actual damages, costs, losses and expenses, incurred by the City as a result of the Contractor’s default, including, without limitation, cost of cover, reasonable attorneys’ fees, court costs, and prejudgment and post- judgment interest at the maximum lawful rate. Additionally, in the event of a default by the Contractor, the City may remove the Contractor from the City’s vendor list for three (3) years and any Offer submitted by the Contractor may be disqualified for up to three (3) years . All rights and remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by law. 28. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the Contract, in whole or in part, without cause any time upon thirty (30) calendar days’ prior written notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further work DocuSign Envelope ID: 77B466B8-E086-4616-B1D8-3E575E0C31B6 Contract # 7105 pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The City shall pay the Contractor, to the extent of funds Appropriated or otherwise legally available for such purposes, for all goods delivered and services performed and obligations incurred prior to the date of termination in accordance with the terms hereof. 29. FRAUD: Fraudulent statements by the Contractor on any Offer or in any report or deliverable required to be submitted by the Contractor to the City shall be grounds for the termination of the Contract for cause by the City and may result in legal action. 30. DELAYS: A. The City may delay scheduled delivery or other due dates by written notice to the Contractor if the City deems it is in its best interest. If such delay causes an increase in the cost of the work under the Contract, the City and the Contractor shall negotiate an equitable adjustment for costs incurred by the Contractor in the Contract price and execute an amendment to the Contract. The Contractor must assert its right to an adjustment within thirty (30) calendar days from the date of receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall excuse the Contractor from delaying the delivery as notified. B. Neither party shall be liable for any default or delay in the performance of its obligations under this Contract if, while and to the extent such default or delay is caused by acts of God, fire, riots, civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond the reasonable control of such Party. In the event of default or delay in contract performance due to any of the foregoing causes, then the time for completion of the services will be extended; provided, however, in such an event, a conference will be held within three (3) business days to establish a mutually agreeable period of time reasonably necessary to overcome the effect of such failure to perform. 31. INDEMNITY: A. Definitions: i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action, judgments and liability of every character, type or description, including all reasonable costs and expenses of litigation, mediation or other alternate dispute resolution mechanism, including attorney and other professional fees for: (1) damage to or loss of the property of any person (including, but not limited to the City, the Contractor, their respective agents, officers, employees and subcontractors; the officers, agents, and employees of such subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or wages to any person (including but not limited to the agents, officers and employees of the City, the Contractor, the Contractor’s subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non- conforming deliverables, negligence, willful misconduct or a breach of any legally imposed strict liability standard. B. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CITY), INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO, CONCERNING OR RESULTING FROM THE FAULT OF THE CONTRACTOR, OR THE CONTRACTOR'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE DocuSign Envelope ID: 77B466B8-E086-4616-B1D8-3E575E0C31B6 Contract # 7105 PERFORMANCE OF THE CONTRACTOR’S OBLIGATIONS UNDER THE CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF THE CITY OR THE CONTRACTOR (INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE LIABLE FOR AN INDEMNIFIED CLAIM. 32. INSURANCE: The following insurance requirements are applicable, in addition to the specific insurance requirements detailed in Appendix A for services only. The successful firm shall procure and maintain insurance of the types and in the minimum amounts acceptable to the City of Denton. The insurance shall be written by a company licensed to do business in the State of Texas and satisfactory to the City of Denton. A. General Requirements: i. The Contractor shall at a minimum carry insurance in the types and amounts indicated and agreed to, as submitted to the City and approved by the City within the procurement process, for the duration of the Contract, including extension options and hold over periods, and during any warranty period. ii. The Contractor shall provide Certificates of Insurance with the coverage’s and endorsements required to the City as verification of coverage prior to contract execution and within fourteen (14) calendar days after written request from the City. Failure to provide the required Certificate of Insurance may subject the Offer to disqualification from consideration for award. The Contractor must also forward a Certificate of Insurance to the City whenever a previously identified policy period has expired, or an extension option or hold over period is exercised, as verification of continuing coverage. iii. The Contractor shall not commence work until the required insurance is obtained and until such insurance has been reviewed by the City. Approval of insurance by the City shall not relieve or decrease the liability of the Contractor hereunder and shall not be construed to be a limitation of liability on the part of the Contractor. iv. The Contractor must submit certificates of insurance to the City for all subcontractors prior to the subcontractors commencing work on the project. v. The Contractor’s and all subcontractors’ insurance coverage shall be written by companies licensed to do business in the State of Texas at the time the policies are issued and shall be written by companies with A.M. Best ratings of A- VII or better. The City will accept workers’ compensation coverage written by the Texas Workers’ Compensation Insurance Fund. vi. All endorsements naming the City as additional insured, waivers, and notices of cancellation endorsements as well as the Certificate of Insurance shall contain the solicitation number and the following information: City of Denton Materials Management Department 901B Texas Street Denton, Texas 76209 vii. The “other” insurance clause shall not apply to the City where the City is an additional insured shown on any policy. It is intended that policies required in the Contract, covering both the City and the Contractor, shall be considered primary coverage as applicable. viii. If insurance policies are not written for amounts agreed to with the City, the Contractor shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage. DocuSign Envelope ID: 77B466B8-E086-4616-B1D8-3E575E0C31B6 Contract # 7105 ix. The City shall be entitled, upon request, at an agreed upon location, and without expense, to review certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies. x. The City reserves the right to review the insurance requirements set forth during the effective period of the Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as the Contractor. xi. The Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as required in the Contract. xii. The Contractor shall be responsible for premiums, deductibles and self-insured retentions, if any, stated in policies. All deductibles or self-insured retentions shall be disclosed on the Certificate of Insurance. xiii. The Contractor shall endeavor to provide the City thirty (30) calendar days’ written notice of erosion of the aggregate limits below occurrence limits for all applicable coverage’s indicated within the Contract. xiv. The insurance coverage’s specified in within the solicitation and requirements are required minimums and are not intended to limit the responsibility or liability of the Contractor. B. Specific Coverage Requirements: Specific insurance requirements are contained in the solicitation instrument. 33. CLAIMS: If any claim, demand, suit, or other action is asserted against the Contractor which arises under or concerns the Contract, or which could have a material adverse effect on the Contractor’s ability to perform thereunder, the Contractor shall give written notice thereof to the City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the City shall state the date of notification of any such claim, demand, suit, or other action; the names and addresses of the claimant(s); the basis thereof; and the name of each person against whom such claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City Hall, 215 East McKinney Street, Denton, Texas 76201. 34. NOTICES: Unless otherwise specified, all notices, requests, or other communications required or appropriate to be given under the Contract shall be in writing and shall be deemed delivered three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail, telefax, or other commercially accepted means. Notices to the Contractor shall be sent to the address specified in the Contractor’s Offer, or at such other address as a party may notify the other in writing. Notices to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked to the attention of the Purchasing Manager. 35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material submitted by the Contractor to the City shall become property of the City upon receipt. Any portions of such material claimed by the Contractor to be proprietary must be clearly marked as DocuSign Envelope ID: 77B466B8-E086-4616-B1D8-3E575E0C31B6 Contract # 7105 such. Determination of the public nature of the material is subject to the Texas Public Information Act, Chapter 552, and Texas Government Code. 36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title to the deliverables and (ii) the deliverables supplied by the Contractor in accordance with the specifications in the Contract will not infringe, directly or contributorily, any patent, trademark, copyright, trade secret, or any other intellectual property right of any kind of any third party; that no claims have been made by any person or entity with respect to the ownership or operation of the deliverables and the Contractor does not know of any valid basis for any such claims. The Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless from and against all liability, damages, and costs (including court costs and reasonable fees of attorneys and other professionals) arising out of or resulting from: (i) any claim that the City’s exercise anywhere in the world of the rights associated with the City’s’ ownership, and if applicable, license rights, and its use of the deliverables infringes the intellectual property rights of any third party; or (ii) the Contractor’s breach of any of Contractor’s representations or warranties stated in this Contract. In the event of any such claim, the City shall have the right to monitor such claim or at its option engage its own separate counsel to act as co-counsel on the City’s behalf. Further, Contractor agrees that the City’s specifications regarding the deliverables shall in no way diminish Contractor’s warranties or obligations under this paragraph and the City makes no warran ty that the production, development, or delivery of such deliverables will not impact such warranties of Contractor. 37. CONFIDENTIALITY: In order to provide the deliverables to the City, Contractor may require access to certain of the City’s and/or its licensors’ confidential information (including inventions, employee information, trade secrets, confidential know-how, confidential business information, and other information which the City or its licensors consider confidential) (collectively, “Confidential Information”). Contractor acknowledges and agrees that the Confidential Information is the valuable property of the City and/or its licensors and any unauthorized use, disclosure, dissemination, or other release of the Confidential Information will substantially injure the City and/or its licensors. The Contractor (including its employees, subcontractors, agents, or representatives) agrees that it will maintain the Confidential Information in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise use the Confidential Information without the prior written consent of the City or in a manner not expressly permitted under this Agreement, unless the Confidential Information is required to be disclosed by law or an order of any court or other governmental authority with proper jurisdiction, provided the Contractor promptly notifies the City before disclosing such information so as to permit the City reasonable time to seek an appropriate protective order. The Contractor agre es to use protective measures no less stringent than the Contractor uses within its own business to protect its own most valuable information, which protective measures shall under all circumstances be at least reasonable measures to ensure the continued confidentiality of the Confidential Information. 38. OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and interests throughout the world in and to the deliverables. A. Patents. As to any patentable subject matter contained in the deliverables, the Contractor agrees to disclose such patentable subject matter to the City. Further, if requested by the City, the Contractor agrees to assign and, if necessary, cause each of its employees to assign the entire right, title, and interest to specific inventions under such patentable subject matter to the City and to DocuSign Envelope ID: 77B466B8-E086-4616-B1D8-3E575E0C31B6 Contract # 7105 execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute, acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by the City, to the City upon request by the City. B. Copyrights. As to any deliverables containing copyrightable subject matter, the Contractor agrees that upon their creation, such deliverables shall be considered as work made-for-hire by the Contractor for the City and the City shall own all copyrights in and to such deliverables, provided however, that nothing in this Paragraph 38 shall negate the City’s sole or joint ownership of any such deliverables arising by virtue of the City’s sole or joint authorship of such deliverables. Should by operation of law, such deliverables not be considered works made-for-hire, the Contractor hereby assigns to the City (and agrees to cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver an assignment to the City of) all worldwide right, title, and interest in and to such deliverables. With respect to such work made- for-hire, the Contractor agrees to execute, acknowledge, and deliver and cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver a work- made-for-hire agreement, in a form to be reasonably approved by the City, to the City upon delivery of such deliverables to the City or at such other time as the City m ay request. C. Additional Assignments. The Contractor further agrees to, and if applicable, cause each of its employees to, execute, acknowledge, and deliver all applications, specifications, oaths, assignments, and all other instruments which the City might reasonably deem necessary in order to apply for and obtain copyright protection, mask work registration, trademark registration and/or protection, letters patent, or any similar rights in any and all countries and in order to assign and convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and interest in and to the deliverables. The Contractor’s obligations to execute, acknowledge, and deliver (or cause to be executed, acknowledged, and delivered) instruments or papers such as those described in this Paragraph 38 a., b., and c. shall continue after the termination of this Contract with respect to such deliverables. In the event the City should not seek to obtain copyright protection, mask work registration or patent protection for any of the deliverables, but should desire to keep the same secret, the Contractor agrees to treat the same as Confidential Information under the terms of Paragraph 37 above. 39. PUBLICATIONS: All published material and written reports submitted under the Contract must be originally developed material unless otherwise specifically provided in the Contract. When material not originally developed is included in a report in any form, the source shall be identified. 40. ADVERTISING: The Contractor shall not advertise or publish, without the City’s prior consent, the fact that the City has entered into the Contract, except to the extent required by law. 41. NO CONTINGENT FEES: The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure the Contract upon any agreement or understanding for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the City shall have the right, in addition to any other remedy available, to cancel the Contract without liability and to deduct from any amounts owed to the Contractor, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. DocuSign Envelope ID: 77B466B8-E086-4616-B1D8-3E575E0C31B6 Contract # 7105 42. GRATUITIES: The City may, by written notice to the Contractor, cancel the Contract without liability if it is determined by the City that gratuities were offered or given by the Contractor or any agent or representative of the Contractor to any officer or employee of the City of Denton with a view toward securing the Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to the performing of such contract. In the event the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the Contractor in providing such gratuities. 43. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer, employee, independent consultant, or elected official of the City who is involved in the development, evaluation, or decision-making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation. Any willful violation of this section shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the Contractor shall render the Contract voidable by the City. The Contractor shall complete and submit the City’s Conflict of Interest Questionnaire. 44. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an employer/employee relationship, a partnership, or a joint venture. The Contractor’s services shall be those of an independent contractor. The Contractor agrees and understands that the Contract does not grant any rights or privileges established for employees of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker’s compensation, or any other City employee benefit. The City shall not have supervision and control of the Contractor or any employee of the Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. The contractor is expressly free to advertise and perform services for other parties while performing services for the City. 45. ASSIGNMENT-DELEGATION: The Contract shall be binding upon and ensure to the benefit of the City and the Contractor and their respective successors and assigns, provided however, that no right or interest in the Contract shall be assigned and no obligation shall be delegated by the Contractor without the prior written consent of the City. Any attempted assignment or delegation by the Contractor shall be void unless made in conformity with this paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity not a party hereto; it being the intention of the parties that there are no third party beneficiaries to the Contract. The Vendor shall notify the City’s Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of the company or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director’s resolution approving the action, or an executed merger or acquisition agreement. Failure to do so may adversely impact future invoice payments. DocuSign Envelope ID: 77B466B8-E086-4616-B1D8-3E575E0C31B6 Contract # 7105 46. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. No waiver by either the Contractor or the City of any one or more events of default by the other party shall operate as, or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an express or implied acceptance of any other existing or future default or defaults, whether of a similar or different character. 47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by both parties. No pre-printed or similar terms on any the Contractor invoice, order or other document shall have any force or effect to change the terms, covenants, and conditions of the Contract. 48. INTERPRETATION: The Contract is intended by the parties as a final, complete and exclusive statement of the terms of their agreement. No course of prior dealing between the parties or course of performance or usage of the trade shall be relevant to supplement or explain any term used in the Contract. Although the Contract may have been substantially drafted by one party, it is the intent of the parties that all provisions be construed in a manner to be fair to both parties, reading no provisions more strictly against one party or the other. Whenever a term defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC definition shall control, unless otherwise defined in the Contract. 49. DISPUTE RESOLUTION: A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party may make a written request for a meeting between representatives of each party within fourteen (14) calendar days after receipt of the request or such later period as agreed by the parties. Each party shall include, at a minimum, one (1) senior level individual with decision-making authority regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to mediation as described below. Negotiation may be waived by a written agreement signed by both parties, in which event the parties may proceed directly to mediation as described below. B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation skills to assist with resolution of the dispute. Should they choose this option; the City and the Contractor agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in the Contract prevents the parties from relying on the skills of a person who is trained in the subject matter of the dispute or a contract interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of initiation of the mediation process, the mediator shall be selected by the Denton County Alternative Dispute Resolution Program (DCAP). The parties agree to participate in mediation in good faith for up to thirty (30) calendar days from the date of the first mediation session. The City and the Contractor will share the mediator’s fees equally and the parties will bear their own costs of participation such as fees for any consultants or attorneys they may utilize to represent them or otherwise assist them in the mediation. DocuSign Envelope ID: 77B466B8-E086-4616-B1D8-3E575E0C31B6 Contract # 7105 50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. All issues arising from this Contract shall be resolved in the courts of Denton County, Texas and the parties agree to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be construed or interpreted to limit or restrict the right or ability of the City to seek and secure injunctive relief from any competent authority as contemplated herein. 51. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the Contract shall in no way affect the validity or enforceability of any other portion or provision of the Contract. Any void provision shall be deemed severed from the Contract and the balance of the Contract shall be construed and enforced as if the Contract did not contain the particular portion or provision held to be void. The parties further agree to reform the Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Contract from being void should a provision which is the essence of the Contract be determined to be void. 52. HOLIDAYS: The following holidays are observed by the City: New Year’s Day (observed) MLK Day Memorial Day 4th of July Labor Day Thanksgiving Day Day After Thanksgiving Christmas Eve (observed) Christmas Day (observed) New Year’s Day (observed) If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any scheduled deliveries or work performance not within the normal hours of operation must be approved by the City Manager of Denton, Texas or his authorized designee. 53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose continuing obligations on the parties, including but not limited to the warranty, indemnity, and confidentiality obligations of the parties, shall survive the expiration or termination of the Contract. 54. NON-SUSPENSION OR DEBARMENT CERTIFICATION: The City of Denton is prohibited from contracting with or making prime or sub -awards to parties that are suspended or debarred or whose principals are suspended or debarred from Federal, State, or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its firm and its principals are not currently suspended or debarred from doing business with the Federal Government, as indicated by the General Services Administration List of Parties Excluded from Federal Procurement and Non-Procurement Programs, the State of Texas, or the City of Denton. DocuSign Envelope ID: 77B466B8-E086-4616-B1D8-3E575E0C31B6 Contract # 7105 55. EQUAL OPPORTUNITY A. Equal Employment Opportunity: No Offeror, or Offeror’s agent, shall engage in any discriminatory employment practice. No person shall, on the grounds of race, sex, sexual orientation, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected to discrimination under any activities resulting from this RFQ. B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror’s agent, shall engage in any discriminatory employment practice against individuals with disabilities as defined in the ADA. 56. BUY AMERICAN ACT-SUPPLIES (Applicable to certain federally funded requirements) The following federally funded requirements are applicable. A. Definitions. As used in this paragraph – i. "Component" means an article, material, or supply incorporated directly into an end product. ii. "Cost of components" means - (1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product. iii. "Domestic end product" means- (1) An unmanufactured end product mined or produced in the United States; or (2) An end product manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic. iv. "End product" means those articles, materials, and supplies to be acquired under the contract for public use. v. "Foreign end product" means an end product other than a domestic end product. vi. "United States" means the 50 States, the District of Columbia, and outlying areas. B. The Buy American Act (41 U.S.C. 10a - 10d) provides a preference for domestic end products for supplies acquired for use in the United States. C. The City does not maintain a list of foreign articles that will be treated as domestic for this Contract; but will consider for approval foreign articles as domestic for this product if the articles are on a list approved by another Governmental Agency. The Offeror shall submit documentation with their Offer demonstrating that the article is on an approved Governmental list. D. The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the Solicitation entitled "Buy American Act Certificate". 57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all information presented in any response to this contract, whether amended or not, except as prohibited by law. Selection of rejection of the submittal does not affect this right. 58. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded contractor or DocuSign Envelope ID: 77B466B8-E086-4616-B1D8-3E575E0C31B6 Contract # 7105 supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the respondent. 59. PREVAILING WAGE RATES: The contractor shall comply with prevailing wage rates as defined by the United States Department of Labor Davis-Bacon Wage Determination at http://www.dol.gov/whd/contracts/dbra.htm and at the Wage Determinations website www.wdol.gov for Denton County, Texas (WD-2509). 60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor or supplier shall comply with all State, Federal, and Local laws and requirements. The Respondent must comply with all applicable laws at all times, including, without limitation, the following: (i) §36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas Penal Code, which prohibits the offering or conferring of benefits to public servants. The Respondent shall give all notices and comply with all laws and regulations applicable to furnishing and performance of the Contract. 61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Respondent shall demonstrate on- site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with issuance of Form W-2's to common law employees. Respondent is responsible for both federal and State unemployment insurance coverage and standard Workers’ Compensation insurance coverage. Respondent shall ensure compliance with all federal and State tax laws and withholding requirements. The City of Denton shall not be liable to Respondent or its employees for any Unemployment or Workers' Compensation coverage, or federal or State withholding requirements. Contractor shall indemnify the City of Denton and shall pay all costs, penalties, or losses resulting from Respondent's omission or breach of this Section. 62. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions of the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701 ET SEQ.) and maintain a drug-free work environment; and the final rule, government-wide requirements for drug-free work place (grants), issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the Drug-Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be issued. 63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The Respondent shall be liable for all damages to government-owned, leased, or occupied property and equipment caused by the Respondent and its employees, agents, subcontractors, and suppliers, including any delivery or cartage company, in connection with any performance pursuant to the Contract. The Respondent shall notify the City of Denton Procurement Manager in writing of any such damage within one (1) calendar day. 64. FORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be responsible for performance under the Contract should it be prevented from performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of the City of Denton. In the event of an occurrence under this Section, the Respondent will be excused from any further performance or observance of the requirements so affected for as long as such circumstances prevail and the Respondent continues to use DocuSign Envelope ID: 77B466B8-E086-4616-B1D8-3E575E0C31B6 Contract # 7105 commercially reasonable efforts to recommence performance or observance whenever and to whatever extent possible without delay. The Respondent shall immediately notify the City of Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar days of the inception of such occurrence) and describe at a reasonable level of detail the circumstances causing the non-performance or delay in performance. 65. NON-WAIVER OF RIGHTS: Failure of a Party to require performance by another Party under the Contract will not affect the right of such Party to require performance in the future. No delay, failure, or waiver of either Party’s exercise or partial exercise of any right or remedy under the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right or remedy. A waiver by a Party of any breach of any term of the Contract will not be construed as a waiver of any continuing or succeeding breach. 66. NO WAIVER OF SOVEREIGN IMMUNITY: The Parties expressly agree that no provision of the Contract is in any way intended to constitute a waiver by the City of Denton of any immunities from suit or from liability that the City of Denton may have by operation of law. 67. RECORDS RETENTION: The Respondent shall retain all financial records, supporting documents, statistical records, and any other records or books relating to the performances called for in the Contract. The Respondent shall retain all such records for a period of four (4) years after the expiration of the Contract, or until the CPA or State Auditor's Office is satisfied that all audit and litigation matters are resolved, whichever period is longer. The Respondent shall grant access to all books, records and documents pertinent to the Contract to the CPA, the State Auditor of Texas, and any federal governmental entity that has authority to review records due to federal funds being spent under the Contract. Should a conflict arise between any of the contract documents, it shall be resolved with the following order of precedence (if applicable). In any event, the final negotiated contract shall take precedence over any and all contract documents to the extent of such conflict. 1. Final negotiated contract 2. RFP/Bid documents 3. City’s standard terms and conditions 4. Purchase order 5. Supplier terms and conditions DocuSign Envelope ID: 77B466B8-E086-4616-B1D8-3E575E0C31B6 Contract # 7105 Exhibit D INSURANCE REQUIREMENTS AND WORKERS’ COMPENSATION REQUIREMENTS Upon contract execution, all insurance requirements shall become contractual obligations, which the successful contractor shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Contractor shall file with the Purchasing Department satisfactory certificates of insurance including any applicable addendum or endorsements, containing the contract number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted:  Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A or better.  Any deductibles or self-insured retentions shall be declared in the proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.  Liability policies shall be endorsed to provide the following:  Name as Additional Insured the City of Denton, its Officials, Agents, Employees and volunteers.  That such insurance is primary to any other insurance available to the Additional Insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability.  Provide a Waiver of Subrogation in favor of the City of Denton, its officials, agents, employees, and volunteers.  Cancellation: City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. DocuSign Envelope ID: 77B466B8-E086-4616-B1D8-3E575E0C31B6 Contract # 7105  Should any of the required insurance be provided under a claims made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered.  Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance.  Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:  Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage.  Coverage B shall include personal injury.  Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least:  Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures.  Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. DocuSign Envelope ID: 77B466B8-E086-4616-B1D8-3E575E0C31B6 Contract # 7105 [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for:  any auto, or  all owned hired and non-owned autos. [X] Workers’ Compensation Insurance Contractor shall purchase and maintain Workers’ Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers’ Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an “occurrence" basis and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least $500,000.00 combined bodily injury and property damage per occurrence with a $1,000,000.00 aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than $1,000,000.00 per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. DocuSign Envelope ID: 77B466B8-E086-4616-B1D8-3E575E0C31B6 Contract # 7105 [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Environmental Liability Insurance Environmental liability insurance for $1,000,000 to cover all hazards contemplated by this contract. [ ] Riggers Insurance The Contractor shall provide coverage for Rigger’s Liability. Said coverage may be provided by a Rigger’s Liability endorsement on the existing CGL coverage; through and Installation Floater covering rigging contractors; or through ISO form IH 00 91 12 11, Rigger’s Liability Coverage form. Said coverage shall mirror the limits provided by the CGL coverage [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a “blanket” basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than $ each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. DocuSign Envelope ID: 77B466B8-E086-4616-B1D8-3E575E0C31B6 Contract # 7105 ATTACHMENT 1 [X] Workers’ Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Servic es" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. a certificate of coverage, prior to that person beginning work on the DocuSign Envelope ID: 77B466B8-E086-4616-B1D8-3E575E0C31B6 Contract # 7105 project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2. no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2. provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. obtain from each other person with whom it contracts, and provide to the contractor: a. a certificate of coverage, prior to the other person beginning work on the project; and DocuSign Envelope ID: 77B466B8-E086-4616-B1D8-3E575E0C31B6 Contract # 7105 b. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6. notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the dur ation of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor’s failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. DocuSign Envelope ID: 77B466B8-E086-4616-B1D8-3E575E0C31B6 Contract # 7105 Exhibit E Certificate of Interested Parties Electronic Filing In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that the City may not enter into this contract unless the Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. Contractor will be required to furnish a Certificate of Interest Parties before the contract is awarded, in accordance with Government Code 2252.908. The contractor shall: 1. Log onto the State Ethics Commission Website at : https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm 2. Register utilizing the tutorial provided by the State 3. Print a copy of the completed Form 1295 4. Enter the Certificate Number on page 2 of this contract. 5. Complete and sign the Form 1295 6. Email the form to purchasing@cityofdenton.com with the contract number in the subject line. (EX: Contract 1234 – Form 1295) The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission’s website within seven business days. DocuSign Envelope ID: 77B466B8-E086-4616-B1D8-3E575E0C31B6 3755 S. Capital of Texas Highway, Suite 155 Austin, TX 78704 www.raftelis.com September 4, 2019 Ms. Jane Rogers, MPA, CPBFM Senior Buyer City of Denton Via email: jane.rogers@cityofdenton.com Subject: Water/Wastewater Utilities Cost of Service and Rate Design Study – Cost Proposal Request (RFQ #7105) Dear Ms. Rogers: Thank you for considering our cost proposal for the RFQ 7105 Water/Wastewater Utilities Cost of Service and Rate Design Study. In Attachment A, we have provided a table that provides a breakdown of our proposed fee of $136,190. The table includes the estimated level of effort required for completing each task, including the optional task, described in our scope of work and provides the hourly billing rates for our project team members. Expenses include costs associated with travel and a $10 per hour technology charge covering computers, networks, telephones and postage. If selected, the breakdown of the fee can be adjusted to reflect the finalized scope. Please let us know if you have any questions about the proposed fee. We look forward to hearing from you. Sincerely, Richard Giardina, CPA Senior Vice President EXHIBIT FDocuSign Envelope ID: 77B466B8-E086-4616-B1D8-3E575E0C31B6 CITY OF DENTON – COST PROPOSAL 2 ATTACHMENT A RG AF TC JR TW CM Admin Total Task 1: Project Management / QA/QC 2 4 8 40 48 $12,680 Task 2: Project Kick-off and Data Review 1 1 4 16 16 16 52 $13,900 Task 3: Pricing Objectives Workshop 1 1 2 2 2 6 $1,270 Task 4: Demand Analysis and Forecast 1 1 2 16 24 42 $7,980 Task 5: Comprehensive Financial Planning and Revenue Requirement Determination 2 3 2 24 32 58 $13,460 Task 6: Water Utility Cost of Service 2 2 8 12 16 32 68 $14,100 Task 7: Wastewater Utility Cost of Service 2 2 8 12 16 32 68 $14,100 Task 8: Rate Design 1 3 16 24 8 48 $10,600 Task 9: Study Report and Presentation to City Administration and City Council 1 2 4 40 16 8 68 $20,380 Optional Task 10: Bill Calculator 1 2 90 8 98 $27,720 Total Estimated Meetings / Hours 14 4 16 134 24 130 146 90 16 556 Hourly Billing Rate $325 $240 $265 $210 $155 $290 $80 Total Professional Fees $5,200 $32,160 $6,360 $27,300 $22,630 $26,100 $1,280 $121,030 *Some of these meetings will happen concurrently. Project Costs excluding Expenses $121,030 Total Expenses $15,160 Total Fees & Expenses $136,190 Total Fees & ExpensesTasks Web Meetings Number of Meetings* Hours RG - Rick Giardina AF - Angie Flores TC - Todd Cristiano JR - Justin Rasor TW - Tim Williams CM-Chris McPhee Admin - Administrative Staff EXHIBIT FDocuSign Envelope ID: 77B466B8-E086-4616-B1D8-3E575E0C31B6 Exhibit CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relat ionship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Sec tion 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this s ection is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information in this section is being disclosed. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local gov ernment officer serves as an officer or director, or holds an ownership of one percent or more? Yes No D. Describe each employment or business and family relationship with the local government officer named in this section. 4 I have no Conflict of Interest to disclose. 5 Signature of vendor doing business with the governmental entity Date DocuSign Envelope ID: 77B466B8-E086-4616-B1D8-3E575E0C31B6 G Raftelis Financial Consultants, Inc. X 9/16/2019 X X N/A N/A X Certificate Of Completion Envelope Id: 77B466B8E0864616B1D83E575E0C31B6 Status: Sent Subject: Please DocuSign: City Council Contract 7105 Water Utilities Rate Design Study - Raftelis Source Envelope: Document Pages: 34 Signatures: 4 Envelope Originator: Certificate Pages: 6 Initials: 1 Monisa Rogers AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 Monisa.Rogers@cityofdenton.com IP Address: 129.120.6.150 Record Tracking Status: Original 9/12/2019 9:19:47 AM Holder: Monisa Rogers Monisa.Rogers@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Monisa Rogers monisa.rogers@cityofdenton.com Senior Buyer City Of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 129.120.6.150 Sent: 9/12/2019 9:25:42 AM Viewed: 9/12/2019 9:25:54 AM Signed: 9/12/2019 9:30:21 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 129.120.6.150 Sent: 9/12/2019 9:30:23 AM Viewed: 9/12/2019 11:42:51 AM Signed: 9/12/2019 11:43:07 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Mack Reinwand mack.reinwand@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 129.120.6.150 Sent: 9/12/2019 11:43:09 AM Viewed: 9/13/2019 3:09:00 PM Signed: 9/13/2019 3:13:40 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Richard Giardina rgiardina@raftelis.com Executive Vice President Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 75.151.93.198 Sent: 9/13/2019 3:13:42 PM Resent: 9/16/2019 9:23:15 AM Resent: 9/16/2019 9:23:38 AM Viewed: 9/16/2019 10:06:37 AM Signed: 9/16/2019 12:53:32 PM Electronic Record and Signature Disclosure: Accepted: 9/16/2019 10:06:37 AM ID: cf593b59-eb32-44fd-a60e-a985ad37cbfd Signer Events Signature Timestamp Frank Pugsley frank.pugsley@cityofdenton.com Water Utilities Director Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 129.120.6.150 Sent: 9/16/2019 12:53:35 PM Viewed: 9/16/2019 1:01:59 PM Signed: 9/16/2019 1:03:30 PM Electronic Record and Signature Disclosure: Accepted: 9/16/2019 1:01:59 PM ID: 6d7a31c0-9a60-48cf-b7c6-536dc5069add Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Sent: 9/16/2019 1:03:33 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Todd Hileman Todd.Hileman@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/25/2017 11:02:14 AM ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21 Rosa Rios rosa.rios@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Sent: 9/12/2019 9:30:23 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Sherri Thurman sherri.thurman@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Sent: 9/12/2019 9:30:23 AM Carbon Copy Events Status Timestamp Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane Richardson jane.richardson@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Kenneth Banks kenneth.banks@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Susan Croff susan.croff@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Angie Flores aflores@raftelis.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 9/16/2019 1:03:33 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 19-2435,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,authorizing the approval of Change Order No.1 to the contract between the City of Denton and Wilson Contractor Services,LLC,for the construction of the Allred and John Paine Road Water Transmission Main Project for the City of Denton;providing for the expenditure of funds therefor;and providing an effective date (IFB 7038 - Change Order No.1 in the not-to-exceed amount of $399,141.26 for a total contract award aggregated to $5,275,366.64). The Public Utilities Board recommends approval (6 - 0). City of Denton Printed on 10/15/2019Page 1 of 1 powered by Legistar™ City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance CFO: Antonio Puente, Jr. DATE: October 22, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of Change Order No. 1 to the contract between the City of Denton and Wilson Contractor Services, LLC, for the Allred and John Paine Road Water Transmission Main Project; providing for the expenditure of funds therefor; and providing an effective date (IFB 7038 – Change Order No. 1 in the not-to-exceed amount of $399,141.26 for a total contract award aggregated to $5,275,366.64). The Public Utilities Board recommends approval (6 - 0). IFB INFORMATION/BACKGROUND The Allred and John Paine Road Transmission Line project extends approximately 13,000 linear feet of predominantly 24-inch and 30-inch water line from the Southwest Pump Station (on John Paine Road) north along Old John Paine and then east along Allred to the 24-inch water line in Bonnie Brae. The Project also includes work at the pump station site and valve work at the Bonnie Brae and US 377 intersection. Due to an alignment change request from the property owner after the bid opening, there was a resulting pipe increase of approximately 439 feet (approx. 1,500 linear feet increase in 30-inch water line and 1,061 linear feet decrease of 24-inch water line). Refer to Exhibit 2 for more details. Due to conditions within easement acquisition, additional changes to temporary and permanent fencing specifications and earthwork were also required to address on-site livestock. Specifically: • 3-strand temporary fence was removed from project (from 7,400 feet to 0 linear feet). • 5-strand temporary fence was added for all temporary construction easements throughout project (from 2,000 feet to 8,200 linear feet). • 7-strand permanent fence replaces all 5-strand permanent fence for existing fence repairs (from 0 feet to 2,000 linear feet) The purpose of this change order is to compensate the contractor for the change in pipe quantities, the related appurtenances associated with this work, and compliance with the easement conditions. The $399,141.26 increase is 8.2% of the original Bid Contract Amount. City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com PRIOR ACTION/REVIEW (Council, Boards, Commissions) On June 25, 2019, City Council approved a contract with Wilson Contractor Services, LLC, in the not-to- exceed amount of $4,876,225.38 (Ordinance 19-1386). RECOMMENDATION Award Change Order No. 1 with Wilson Contractor Services, LLC, enabling the City of Denton to proceed with the Allred and John Paine Road Water Transmission Main Project in the amount of $399,141.26, for a total contract award aggregated to $5,275,366.64. ESTIMATED SCHEDULE OF PROJECT This project will be started upon approval with a completion date by Fall 2020. FISCAL INFORMATION These services will be funded from Allred Account 630385523.1365.40100. Purchase Order #190172 has been increased by $399,141.26, for a new contract amount of $5,275,366.64. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Project Map Exhibit 3: Original Ordinance and Contract Exhibit 4: Ordinance and Change Order No. 1 Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Tracy Beck 940-349-8925. Legal point of contact: Mack Reinwand at 940-349-8333. CITYOFDENTONALLREDANDJOHNPAINEROADWATERTRANSMISSIONMAINLEGEND:CHANGEORDERNO.1:QUANTITYCHANGESUMMARYA Docusign City Council Transmittal Coversheet File Name Purchasing Contact City Council Target Date Piggy Back Option Contract Expiration Ordinance DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143  !!&#$# #'& # $'%%! !  " $!!  (#    00 52 43 - 1 Agreement Page 1 of 6 CITY OF DENTON 7038 Allred and John Paine Water Transmission Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 SECTION 00 52 43 1 AGREEMENT 2 THIS AGREEMENT, authorized on ______________is made by and between the City of Denton, 3 a Texas home rule municipality, acting by and through its duly authorized City Manager, (“City”), 4 and Wilson Contractor Services, LLC., authorized to do business in Texas, acting by and through 5 its duly authorized representative, (“Contractor”). 6 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: 7 Article 1. WORK 8 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 9 Project identified herein. 10 Article 2. PROJECT 11 The project for which the Work under the Contract Documents may be the whole or only a part is 12 generally described as follows: 13 Allred and John Paine Road Water Transmission Main 14 Contract No: 7038 15 Article 3. CONTRACT PRICE 16 City agrees to pay Contractor for performance of the Work in accordance with the Contract 17 Documents an amount, in current funds, of Four million eight hundred seventy-six thousand two 18 hundred twenty five Dollars and 38/100 cents ($4,876,225.38). 19 Article 4. CONTRACT TIME 20 4.1 Final Acceptance. 21 The Work will be complete for Final Acceptance within 300 days after the date when the 22 Contract Time commences to run, as provided in Paragraph 2.03 of the General Conditions, 23 plus any extension thereof allowed in accordance with Article 12 of the General Conditions. 24 4.2 Liquidated Damages 25 Contractor recognizes that time is of the essence for completion of Milestones, if any, and 26 to achieve Final Acceptance of the Work and City will suffer financial loss if the Work is 27 not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also 28 recognizes the delays, expense and difficulties involved in proving in a legal proceeding, 29 the actual loss suffered by the City if the Work is not completed on time. Accordingly, 30 instead of requiring any such proof, Contractor agrees that as liquidated damages for delay 31 (but not as a penalty), Contractor shall pay City One Thousand Five Hundred Dollars 32 ($1,500.00) for each day that expires after the time specified in Paragraph 4.1 for Final 33 Acceptance until the City issues the Final Letter of Acceptance. 34 Article 5. CONTRACT DOCUMENTS 35 5.1 CONTENTS: 36 A. The Contract Documents which comprise the entire agreement between City and 37 Contractor concerning the Work consist of the following: 38 1. This Agreement. 39 2. Attachments to this Agreement: 40 DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143    00 52 43 - 2 Agreement Page 2 of 6 CITY OF DENTON 7038 Allred and John Paine Water Transmission Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 a. Bid Form 1 1) Proposal Form 2 2) Vendor Compliance to State Law Non-Resident Bidder 3 b. Current Prevailing Wage Rate Table 4 c. Worker’s Compensation Affidavit 5 d. General Conditions. 6 e. Supplementary Conditions. 7 3. The following located in File 7038 at: 8 https://lfpubweb.cityofdenton.com/MaterialsManagement/Browse.aspx?startid=199 &row=1&dbid=0: 10 a. Specifications described in the Table of Contents of the Project’s Contract 11 Documents. 12 b. North Central Texas Council of Governments Standard Specifications for Public 13 Works Construction – Fourth Edition, Divisions 200-800, and as amended by 14 City, and described in the Table of Contents of the Project’s Contract Documents. 15 c. Drawings. 16 d. Addenda. 17 e. Documentation submitted by Contractor prior to Notice of Award. 18 4. The following which shall be issued after the Effective Date and delivered to the City 19 within ten (10) days of the Effective Date and before beginning Work: 20 a. Payment Bond 21 b. Performance Bond 22 c. Maintenance Bond 23 d. Power of Attorney for the Bonds 24 e. Form 1295 – Certificate of Interested Parties (email to purchasing) 25 f. Insurance Certificate 26 5. The following which may be delivered or issued after the Effective Date and, if 27 issued, become an incorporated part of the Contract Documents: 28 a. Notice to Proceed. 29 b. Field Orders. 30 c. Change Orders. 31 d. Letter of Final Acceptance. 32 33 34 DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 52 43 - 3 Agreement Page 3 of 6 CITY OF DENTON 7038 Allred and John Paine Water Transmission Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Article 6. INDEMNIFICATION 1 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 2 expense, the city, its officers, servants and employees, from and against any and all 3 claims arising out of, or alleged to arise out of, the work and services to be performed 4 by the contractor, its officers, agents, employees, subcontractors, licensees or invitees 5 under this contract. This indemnification provision is specifically intended to operate 6 and be effective even if it is alleged or proven that all or some of the damages being 7 sought were caused, in whole or in part, by any act, omission or negligence of the city. 8 This indemnity provision is intended to include, without limitation, indemnity for any 9 and all costs, expenses and legal fees incurred by the city in defending against such 10 claims and causes of actions. 11 12 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 13 the city, its officers, servants and employees, from and against any and all loss of, 14 damage to, or destruction of, property of the city, arising out of, or alleged to arise out 15 of, the work and services to be performed by the contractor, its officers, agents, 16 employees, subcontractors, licensees or invitees under this contract. This 17 indemnification provision is specifically intended to operate and be effective even if it is 18 alleged or proven that all or some of the damages being sought were caused, in whole or 19 in part, by any act, omission or negligence of the city. 20 21 Article 7. MISCELLANEOUS 22 7.1 Terms. 23 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 24 have the meanings indicated in the General Conditions. 25 7.2 Assignment of Contract. 26 This Agreement, including all of the Contract Documents may not be assigned by the 27 Contractor without the advanced express written consent of the City. 28 7.3 Successors and Assigns. 29 City and Contractor each binds itself, its partners, successors, assigns and legal 30 representatives to the other party hereto, in respect to all covenants, agreements and 31 obligations contained in the Contract Documents. 32 7.4 Severability. 33 Any provision or part of the Contract Documents held to be unconstitutional, void or 34 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 35 remaining provisions shall continue to be valid and binding upon City and Contractor. 36 7.5 Governing Law and Venue. 37 This Agreement, including all of the Contract Documents is performable in the State of 38 Texas. Venue shall be Denton County, Texas, or the United States District Court for the 39 Eastern District of Texas, Sherman Division. 40 DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 52 43 - 4 Agreement Page 4 of 6 CITY OF DENTON 7038 Allred and John Paine Water Transmission Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 7.6 Authority to Sign. 1 Contractor shall attach evidence of authority to sign Agreement if signed by someone other 2 than the duly authorized signatory of the Contractor. 3 4 7.7 Prohibition On Contracts With Companies Boycotting Israel. 5 Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government 6 Code, the City is prohibited from entering into a contract with a company for goods or 7 services unless the contract contains a written verification from the company that it: (1) 8 does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 9 The terms “boycott Israel” and “company” shall have the meanings ascribed to those terms 10 in Section 808.001 of the Texas Government Code. By signing this contract, Contractor 11 certifies that Contractor’s signature provides written verification to the City that 12 Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of 13 the contract. 14 15 7.8 Immigration Nationality Act. 16 Contractor shall verify the identity and employment eligibility of its employees who perform 17 work under this Agreement, including completing the Employment Eligibility Verification 18 Form (I-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms 19 and supporting eligibility documentation for each employee who performs work under this 20 Agreement. Contractor shall adhere to all Federal and State laws as well as establish 21 appropriate procedures and controls so that no services will be performed by any Contractor 22 employee who is not legally eligible to perform such services. CONTRACTOR SHALL 23 INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, 24 LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY 25 CONTRACTOR, CONTRACTOR’S EMPLOYEES, SUBCONTRACTORS, 26 AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right 27 to immediately terminate this Agreement for violations of this provision by Contractor. 28 29 7.9 No Third-Party Beneficiaries. 30 This Agreement gives no rights or benefits to anyone other than the City and the Contractor 31 and there are no third-party beneficiaries. 32 33 34 DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 52 43 - 5 Agreement Page 5 of 6 CITY OF DENTON 7038 Allred and John Paine Water Transmission Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 7.10 No Cause of Action Against Engineer. 1 Contractor, its subcontractors and equipment and materials suppliers on the Project or their 2 sureties, shall maintain no direct action against the Engineer, its officers, employees, and 3 subcontractors, for any claim arising out of, in connection with, or resulting from the engineering 4 services performed. Only the City will be the beneficiary of any undertaking by the Engineer. 5 The presence or duties of the Engineer's personnel at a construction site, whether as on-site 6 representatives or otherwise, do not make the Engineer or its personnel in any way 7 responsible for those duties that belong to the City and/or the City's Contractors or other 8 entities, and do not relieve the Contractors or any other entity of their obligations, duties, and 9 responsibilities, including, but not limited to, all construction methods, means, techniques, 10 sequences, and procedures necessary for coordinating and completing all portions of the 11 construction work in accordance with the Contract Documents and any health or safety 12 precautions required by such construction work. The Engineer and its personnel have no 13 authority to exercise any control over any construction contractor or other entity or their 14 employees in connection with their work or any health or safety precautions. 15 16 SIGNATURE PAGE TO FOLLOW 17 18 DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 52 43 - 6 Agreement Page 6 of 6 CITY OF DENTON 7038 Allred and John Paine Water Transmission Main STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be effective 1 as of the date subscribed by the City’s designated City Manager (“Effective Date”). 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 ATTEST: 37 ROSA RIOS, CITY SECRETARY 38 39 40 _______________________________________ 41 42 43 APPROVED AS TO LEGAL FORM: 44 AARON LEAL, CITY ATTORNEY 45 46 _______________________________________ 47 CITY OF DENTON BY: ___________________________________ CITY MANAGER CONTRACTOR WILSON CONTRACTOR SERVICES LLC BY: ___________________________________ AUTHORIZED AGENT _______________________________________ NAME _______________________________________ TITLE _______________________________________ PHONE NUMBER _______________________________________ EMAIL ADDRESS THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. _______________ ________________ SIGNATURE PRINTED NAME __________________________________ TITLE __________________________________ DEPARTMENT DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 "'#"*%'"+    '#"*) &#"#"'%'#%&%(&#! %&"' '*""% #&'& $' %#'& DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 General Decision Number: TX190018 01/04/2019 TX18 Superseded General Decision Number: TX20180028 State: Texas Construction Type: Heavy Counties: Collin, Dallas, Denton, Ellis, Kaufman and Rockwall Counties in Texas. Water and Sewer Lines/Utilities (Including Related Tunneling Where the Tunnel is 48" or Less in Diameter) Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.60 for calendar year 2019 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/04/2019 * PLUM0100-002 11/01/2017 Rates Fringes Plumbers and Pipefitters.........$ 30.84 11.51 ---------------------------------------------------------------- SUTX1991-004 09/23/1991 Rates Fringes DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 Laborers: Common......................$ 7.25 Utility.....................$ 7.467 Pipelayer........................$ 7.828 Power equipment operators: Backhoe.....................$ 10.804 Crane.......................$ 10.942 Front End Loader............$ 9.163 Tunneling Machine (48" or less).......................$ 9.163 TRUCK DRIVER.....................$ 8.528 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 – Definitions and Terminology .......................................................................................................... 1 1.01 Defined Terms............................................................................................................................... 1 1.02 Terminology .................................................................................................................................. 6 Article 2 – Preliminary Matters ......................................................................................................................... 7 2.01 Copies of Documents .................................................................................................................... 7 2.02 Commencement of Contract Time; Notice to Proceed ................................................................ 7 2.03 Starting the Work .......................................................................................................................... 7 2.04 Before Starting Construction ........................................................................................................ 7 2.05 Preconstruction Conference.......................................................................................................... 8 2.06 Public Meeting .............................................................................................................................. 8 2.07 Initial Acceptance of Schedules.................................................................................................... 8 2.08 Electronic Submittals.................................................................................................................... 8 Article 3 – Contract Documents: Intent, Amending, Reuse ............................................................................ 8 3.01 Intent.............................................................................................................................................. 8 3.02 Reference Standards...................................................................................................................... 9 3.03 Reporting and Resolving Discrepancies....................................................................................... 9 3.04 Amending and Supplementing Contract Documents................................................................. 10 3.05 Reuse of Documents ................................................................................................................... 10 3.06 Electronic Data............................................................................................................................ 11 Article 4 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points........................................................................................................... 11 4.01 Availability of Lands .................................................................................................................. 11 4.02 Subsurface and Physical Conditions .......................................................................................... 12 4.03 Differing Subsurface or Physical Conditions ............................................................................. 12  4.04 Underground Facilities ............................................................................................................... 13 4.05 Hazardous Environmental Condition at Site .............................................................................. 14 Article 5 – Bonds and Insurance ..................................................................................................................... 15 5.01 Licensed Sureties and Insurers ................................................................................................... 15 5.02 Performance, Payment, and Maintenance Bonds....................................................................... 15 5.03 Certificates of Insurance ............................................................................................................. 16 5.04 Contractor’s Insurance ................................................................................................................ 18 5.05 Acceptance of Bonds and Insurance; Option to Replace........................................................... 19 Article 6 – Contractor’s Responsibilities ........................................................................................................ 19 6.01 Supervision and Superintendence............................................................................................... 19 DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 6.02 Labor; Working Hours ................................................................................................................ 19 6.03 Services, Materials, and Equipment ........................................................................................... 20 6.04 Project Schedule.......................................................................................................................... 20 6.05 Substitutes and “Or-Equals” ....................................................................................................... 21 6.06 Concerning Subcontractors, Suppliers, and Others.................................................................... 23 6.07 Wage Rates.................................................................................................................................. 24 6.08 Patent Fees and Royalties ........................................................................................................... 25 6.09 Permits and Utilities.................................................................................................................... 26 6.10 Laws and Regulations ................................................................................................................. 26 6.11 Taxes ........................................................................................................................................... 27 6.12 Use of Site and Other Areas ....................................................................................................... 27 6.13 Record Documents...................................................................................................................... 28 6.14 Safety and Protection .................................................................................................................. 29 6.15 Safety Representative.................................................................................................................. 29 6.16 Hazard Communication Programs ............................................................................................. 30 6.17 Emergencies and/or Rectification............................................................................................... 30 6.18 Submittals.................................................................................................................................... 30 6.19 Continuing the Work................................................................................................................... 31 6.20 Contractor’s General Warranty and Guarantee .......................................................................... 32 6.21 Indemnification ......................................................................................................................... 32 6.22 Delegation of Professional Design Services .............................................................................. 33 6.23 Right to Audit.............................................................................................................................. 34 6.24 Nondiscrimination....................................................................................................................... 34 Article 7 – Other Work at the Site................................................................................................................... 34 7.01 Related Work at Site ................................................................................................................... 34 7.02 Coordination................................................................................................................................ 35 Article 8 – City’s Responsibilities................................................................................................................... 35 8.01 Communications to Contractor................................................................................................... 35 8.02 Furnish Data ................................................................................................................................ 35 8.03 Pay When Due ............................................................................................................................ 35 8.04 Lands and Easements; Reports and Tests................................................................................... 36 8.05 Change Orders............................................................................................................................. 36 8.06 Inspections, Tests, and Approvals .............................................................................................. 36 8.07 Limitations on City’s Responsibilities ....................................................................................... 36 8.08 Undisclosed Hazardous Environmental Condition .................................................................... 36 8.09 Compliance with Safety Program............................................................................................... 36 Article 9 – City’s Observation Status During Construction ........................................................................... 36 9.01 City’s Project Manager ……...................................................................................................... 36 9.02 Visits to Site ................................................................................................................................ 37 9.03 Authorized Variations in Work .................................................................................................. 37 9.04 Rejecting Defective Work .......................................................................................................... 37 9.05 Determinations for Work Performed .......................................................................................... 37 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work ..................... 38 DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Article 10 – Changes in the Work; Claims; Extra Work ................................................................................ 38 10.01 Authorized Changes in the Work ............................................................................................... 38 10.02 Unauthorized Changes in the Work ........................................................................................... 38 10.03 Execution of Change Orders....................................................................................................... 38 10.04 Extra Work .................................................................................................................................. 38 10.05 Notification to Surety.................................................................................................................. 39 10.06 Contract Claims Process ............................................................................................................. 39 Article 11 – Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement...................... 40 11.01 Cost of the Work ......................................................................................................................... 40 11.02 Allowances .................................................................................................................................. 43 11.03 Unit Price Work .......................................................................................................................... 43 11.04 Plans Quantity Measurement ...................................................................................................... 45 Article 12 – Change of Contract Price; Change of Contract Time................................................................. 45 12.01 Change of Contract Price ............................................................................................................ 45 12.02 Change of Contract Time............................................................................................................ 46 12.03 Delays .......................................................................................................................................... 47 Article 13 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 47 13.01 Notice of Defects ........................................................................................................................ 47 13.02 Access to Work ........................................................................................................................... 47 13.03 Tests and Inspections .................................................................................................................. 47 13.04 Uncovering Work........................................................................................................................ 49 13.05 City May Stop the Work ............................................................................................................. 49 13.06 Correction or Removal of Defective Work ................................................................................ 49 13.07 Correction Period ........................................................................................................................ 50 13.08 Acceptance of Defective Work................................................................................................... 51 13.09 City May Correct Defective Work ............................................................................................. 51 Article 14 – Payments to Contractor and Completion .................................................................................... 52 14.01 Schedule of Values...................................................................................................................... 52 14.02 Progress Payments ...................................................................................................................... 52 14.03 Contractor’s Warranty of Title ................................................................................................... 54 14.04 Partial Utilization ........................................................................................................................ 54 14.05 Final Inspection ........................................................................................................................... 55 14.06 Final Acceptance......................................................................................................................... 55 14.07 Final Payment.............................................................................................................................. 55 14.08 Final Completion Delayed and Partial Retainage Release ........................................................ 56 14.09 Waiver of Claims ........................................................................................................................ 56 Article 15 – Suspension of Work and Termination ........................................................................................ 57 15.01 City May Suspend Work............................................................................................................. 57 15.02 City May Terminate for Cause ................................................................................................... 57 15.03 City May Terminate For Convenience ....................................................................................... 59 DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Article 16 – Dispute Resolution ...................................................................................................................... 61 16.01 Methods and Procedures ............................................................................................................. 61 Article 17 – Miscellaneous .............................................................................................................................. 62 17.01 Giving Notice .............................................................................................................................. 62 17.02 Computation of Times ................................................................................................................ 62 17.03 Cumulative Remedies ................................................................................................................. 62 17.04 Survival of Obligations ............................................................................................................... 63 17.05 Headings...................................................................................................................................... 63 DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 1 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1.Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2.Agreement—The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3.Application for Payment—The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4.Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5.Award – Authorization by the City Council for the City to enter into an Agreement. 6.Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7.Bidder—The individual or entity who submits a Bid directly to City. 8.Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9.Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 10.Business Day –A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state ho lidays observed by the City. 11.Calendar Day – A day consisting of 24 hours measured from midnight to the next midnight. DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 2 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 12.Change Order—A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 13.City—The City of Denton is a Texas home-rule municipal corporation acting by its City Council through its City Manager or his designee. 14.City Attorney – The officially appointed City Attorney of the City of Denton, Texas, or his duly authorized representative. 15.City Council - The duly elected and qualified governing body of the City of Denton, Texas. 16.City Manager – The officially appointed and authorized City Manager of the City of Denton, Texas, or his duly authorized representative. 17.Contract Claim—A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Contract Claim. 18.Contract—The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations, representations, or agreements, whether written or oral. 19.Contract Documents—Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 20.Contract Price—The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 21.Contract Time—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and (ii) complete the Work so that it is ready for Final Acceptance. 22.Contractor—The individual or entity with whom City has entered into the Agreement. 23.Cost of the Work—See Paragraph 11.01 of these General Conditions for definition. DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 3 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 24.Damage Claims –A demand for money or services arising from the Project or Site from a third party, City or Contractor exclusive of a Contract Claim. 25.Day or day – A day, unless otherwise defined, shall mean a Calendar Day. 26.Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 27.Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 28.Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 29.Extra Work –Additional work made necessary by changes or alterations of the Contract Documents or quantities; or for other reasons for which no prices are provided in the Contract Documents. Extra work shall be part of the Work. 30.Field Order —A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. 31.Final Acceptance –The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. 32.Final Inspection –Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 33.General Requirements—Sections of Division 1 of the Contract Documents. 34.Hazardous Environmental Condition —The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 35.Hazardous Waste—Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 36.Incidental –Work items that the Contractor is not paid for directly, but costs for which are included under the various bid items of the Project. DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 4 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 37.Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 38.Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 39.Major Item –An Item of work included in the Contract Documents that has a total cost equal to or greater than 5% of the original Contract Price or $25,000 whichever is less. 40.Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 41.Notice of Award—The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 42.Notice to Proceed—A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 43.PCBs—Polychlorinated biphenyls. 44.Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 45.Plans –See definition of Drawings. 46.Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Time. 47.Project—The Work to be performed under the Contract Documents. 48.Project Manager —The authorized representative of the City who will be assigned to the Project. 49.Project Manual – The documentary information prepared for bidding and furnishing the Work. A listing of the contents of the Project Manual is contained in its Table of Contents. 50.Public Meeting –An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 5 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 51.Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 52.Regular Working Hours –Excluding legal holidays, regular working hours shall be Monday thru Friday between 6:00 a.m. and 8:30 p.m. from June 1 to September 30 and between 7:00 a.m. and 8:30 p.m. from October 1 to May 31. 53.Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 54.Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 55.Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment. 56.Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 57.Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 58.Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 59.Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 60.Subsidiary –See definition of Incidental. 61.Successful Bidder—The Bidder submitting the lowest and most responsive Bid to who m City makes an Award. 62.Superintendent –The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 6 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 63.Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 64.Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 65.Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 66.Unit Price Work—See Paragraph 11.03 of these General Conditions for definition. 67.Weekend Working Hours –Hours between 8:00 a.m. and 8:30 p.m., Saturday, and between 1:00 p.m. and 8:30 p.m. Sunday or legal holiday, as approved in advance by the City. 68.Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 69.Working Day – A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 8 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B.Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 7 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 C.Defective: 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City’s written acceptance. D.Furnish, Install, Perform, Provide: 1. The word “Furnish” or the word “Install” or the word “Perform” or the word “Provide” or the word “Supply,” or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 – PRELIMINARY MATTERS 2.01 Copies of Documents City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and three (3) additional copies of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Commencement of Contract Time; Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. 2.03 Starting the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules:Submit in accordance with the Contract Documents, and prior to starting the Work. DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 8 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.07 Initial Acceptance of Schedules No progress payment shall be made to Contractor until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. 2.08 Electronic Submittals A. Except as otherwise stated elsewhere in the Contract, the Cit y and Contractor may transmit, and shall accept, Project-related correspondence, text, data, documents, drawings, information, and graphics, including but not limited to Shop Drawings and other submittals, in electronic media or digital format. B. When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or re adability of the items resulting from the recipient’s use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the items, or from those established in applicable transmittal protocols. ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 9 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 relatively narrative by comparison. Omission of such words and phrases as “the Contractor shall,” “in conformity with,” “as shown,” or “as specified” are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the section. The Contractor shall not take advantage of any variation of form, format or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading “Related Sections include but are not necessarily limited to:” and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A.Reporting Discrepancies: 1.Contractor’s Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2.Contractor’s Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 10 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 within the Contract Documents, or between the Contract Document s and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B.Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Drawings shall govern over Specifications, and Supplementary Conditions shall govern over General Conditions and Specifications. 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 2. City’s review of a Submittal (subject to the provisions of Paragraph 6.18.C); or 3. City’s written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Cit y and specific written DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 11 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user’s sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data’s creator. ARTICLE 4 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. 1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be removed, adjusted, and/or relocated by others. B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 12 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 C. Contractor shall provide for all additional lands and access thereto that may be required for construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A.Reports and Drawings:The Supplementary Conditions identify: 1. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B.Limited Reliance by Contractor on Technical Data Authorized:Contractor may rely upon the accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A.Notice:If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any “technical data” on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 13 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), notify City in writ ing about such condition. B.Possible Price and Time Adjustments Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if: 1. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to City with respect to Contract Price and Contract Time by the submission of a Bid or becoming bound under a negotiated contract; or 2. the existence of such condition could reasonably have been discovered or revealed as a result of the examination of the Contract Documents or the Site; or 3. Contractor failed to give the written notice as required by Paragraph 4.03.A. 4.04 Underground Facilities A.Shown or Indicated:The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to City or Engineer by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination and adjustment of the Work with the owners of such Underground Facilities, including City, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B.Not Shown or Indicated: 1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 14 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 identify the owner of such Underground Facility and give notice to that owner and to City. City will review the discovered Underground Facility and determine the extent, if any, to which a change may be required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. Contractor shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. 3. Verification of existing utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. 4.05 Hazardous Environmental Condition at Site A.Reports and Drawings:The Supplementary Conditions identify those reports and drawing s known to City relating to Hazardous Environmental Conditions that have been identified at the Site. B.Limited Reliance by Contractor on Technical Data Authorized:Contractor may rely upon the accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 15 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after City has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered suitable for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City’s own forces or others. G.To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 – BONDS AND INSURANCE 5.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor’s obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 16 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney-in-fact signed each bond. The bonds must be dated on, or after, the date of the Contract. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 5.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01 and 5.02.C. 5.03 Certificates of Insurance A. Contractor shall deliver to City, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. 1. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as “Additional Insured” on all liability policies. 2. The Contractor’s general liability insurance shall include a, “per project” or “per location”, endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers’ compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in the Supplementary Conditions DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 17 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 6. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor’s obligation to maintain such lines of insurance coverage. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 8. Unless otherwise stated, all required insurance shall be written on the “occurrence basis”. If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, or self-funding, must also be approved by City. 11. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first-dollar basis, must be acceptable to and approved by the City. 12. City, at its sole discretion, reserves the right to review t he insurance requirements and to make reasonable adjustments to insurance coverage’s and their limits when deemed necessary and prudent by the City based upon the scope of the Work, changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 13. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitatio ns, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 18 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 law or regulations binding upon either party or the underwriter on any such policies. 14. City shall not be responsible for the direct payment of insurance premium costs for Contractor’s insurance. 5.04 Contractor’s Insurance A.Workers Compensation and Employers’ Liability.Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers’ Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers’ Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of o r result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees. B.Commercial General Liability.Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, liability under an insured contract, and explosion/collapse/underground (where those exposures exist). Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project (if identified in the Supplementary Conditions). C.Automobile Liability.A commercial business auto policy shall provide coverage on “any auto”, defined as autos owned, hired and non-owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 19 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 D.Railroad Protective Liability.If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the requirements identified in the Supplementary Conditions. E.Notification of Policy Cancellation:Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 5.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 6 – CONTRACTOR’S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent Superintendent, who is proficient in English, and who shall not be replaced without written notice to City. If at any time the Superintendent is not satisfactory to the City, Contractor shall, if requested by City, replace the Superintendent with another satisfactory to City. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 20 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 performance of Work beyond Regular Working Hours or for Weekend Working Hours without City’s written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours, request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours, request must be made by noon of the preceding Wednesday 3. for legal holidays, request must be made by noon seven Days prior to the legal holiday. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of sufficient quality to complete the Work and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. D. All items of standard equipment to be incorporated into the Work shall be the latest model at the time of bid, unless otherwise specified. 6.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.07 and the General Requirements) proposed adjustments in the Project Schedule that will not result in changing the Contract Time. Such adjustments will comply wit h any provisions of the General Requirements applicable thereto. 2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 21 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 for the duration of the Contract in accordance with the schedule specification 01 32 16. 3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Time may only be made by a Change Order. 6.05 Substitutes and “Or-Equals” A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a partic ular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1.“Or-Equal” Items:If in City’s sole discretion an item of material or equipment p roposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an “or-equal” item, in which case review and approval of the proposed item may, in City’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. the City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and 4) it is not objectionable to the City. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2.Substitute Items: a. If in City’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item under Paragraph 6.05.A.1, it may be submitted as a DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 22 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 01 25 00 and: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design; b) be similar in substance to that specified; c) be suited to the same use as that specified; and 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor’s achievement of final completion on time; b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: a) all variations of the proposed substitute item from that specified; b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B.Substitute Construction Methods or Procedures:If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 23 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 of construction approved by City. Contractor shall submit sufficient information to allow City, in City’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 6.05.A.2. C.City’s Evaluation:City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No “or-equal” or substitute will be ordered, installed or utilized until City’s review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an “or-equal.” City will advise Contractor in writing of its determination. D.Special Guarantee:City may require Contractor to furnish at Contractor’s expense a special performance guarantee, warranty, or other surety with respect to any substitute.Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E.City’s Cost Reimbursement: City will record City’s costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents (or in the provisions of any other direct contract with City) resulting from the acceptance of each proposed substitute. F.Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or-equal” at Contractor’s expense. G.City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Change Order. H.Time Extensions: No additional time will be granted for substitutions. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. B. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, against whom City may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection (excluding those acceptable to City as indicated in Paragraph 6.06.C). C. The City may from time to time require the use of certain Subcontractors, Suppliers, or other DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 24 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 individuals or entities on the project, and will provide such requirements in the Supplementary Conditions. D. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. E. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. F. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of City. 6.07 Wage Rates A.Duty to pay Prevailing Wage Rates.The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Denton to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B.Penalty for Violation.A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C.Complaints of Violations and City Determination of Good Cause.On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 25 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City’s determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. D.Arbitration Required if Violation Not Resolved.An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E.Records to be Maintained.The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F.Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G.Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H.Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 6.08 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of City, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City to disclose such information does not relieve the Contractor from its obligations to pay for the DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 26 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 use of said fees or royalties to others. B.To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.09 Permits and Utilities A.Contractor obtained permits and licenses.Contractor shall obtain and pay for all construction permits and licenses except those provided for in the Supplementary Conditions or Contract Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.B. City shall pay all charges of utility owners for connections for providing permanent service to the Work. B.City obtained permits and licenses.City will obtain and pay for all permits and licenses as provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor’s responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the Contract and the City approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. The City will not reimburse the Contractor for any cost associated with these requirements of any City acquired permit. The following are permits the City will obtain if required: 1. Texas Department of Transportation Permits 2. U.S. Army Corps of Engineers Permits 3. Texas Commission on Environmental Quality Permits 4. Railroad Company Permits 5. Texas Department of Licensing and Regulation (TDLR) Permits C.Outstanding permits and licenses.The City anticipates acquisition of and/or access to permits and licenses. Any outstanding permits and licenses are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding permits and licenses. 6.10 Laws and Regulations DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 27 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor’s responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.02. C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Time. 6.11 Taxes A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to Texas Tax Code, Subchapter H (as amended), the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller’s Rulings applicable to Texas Tax Code, Subchapter H. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with all applicable rulings pertaining to the Texas Tax Code, Subchapter H. B. Texas Tax permits and information may be obtained from: 1. Comptroller of Public Accounts Sales Tax Division Capitol Station Austin, TX 78711; or 2. http://www.window.state.tx.us/taxinfo/taxforms/93-forms.html 6.12 Use of Site and Other Areas A.Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 28 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed, closed, or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. 3. Construction equipment, spoil materials, supplies, forms, buildings, labs, or equipment and supply storage buildings, or any other item that may be transported by flood flows, shall not be stored within existing federal floodways during the course of the Work. 4. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 5.Pursuant to Paragraph 6.21, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B.Removal of Debris During Performance of the Work:During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C.Site Maintenance Cleaning:24 hours after written notice is given to the Contractor that t he clean-up on the job site is proceeding in a manner unsatisfactory to the City, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and the costs of such direct action, plus 25% of such costs, shall be deducted from the monies due or to become due to the Contractor. D.Final Site Cleaning:Prior to Final Acceptance of the Work, Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E.Loading Structures:Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.13 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 29 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 show changes made during construction. These record documents together with all approved Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and embedded items. 6.14 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated t herein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City’s safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor’s safety program, if any, with which City’s employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.14.A.2 or 6.14.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 6.15 Safety Representative Contractor shall inform City in writing of Contractor’s designated safety representative at the Site. DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 30 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 6.16 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 6.17 Emergencies and/or Rectification A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give City prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If City determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Change Order may be issued. B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the Contract Documents, the City shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City resources or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due or become due the Contractor on the Project. 6.18 Submittals A. Contractor shall submit required Submittals to City for review and acceptance in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as City may require. 1. Submit in accordance with the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data, to demonstrate to City the services, materials, and equipment Contractor proposes to provide, and to enable City to review the information for the limited purposes required by Par agraph 6.18.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 31 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 5. For-Information-Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 6.18.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City’s review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C.City’s Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City’s review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. City’s review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City’s review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City’s review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 6.19 Continuing the Work Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule during all disputes or disagreements with City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in writing. DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 32 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 6.20 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constit ute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 5.02.B. The City will give notice of observed defects with reasonable promptness. 6.21 Indemnification A.Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 33 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B.Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 6.22 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to City. C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.22, City’s review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City’s review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.18.C. DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 34 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 6.23 Right to Audit A. The City shall have the right to audit and make copies of the books, records and computations pertaining to the Contract. The Contractor shall retain such books, records, documents and other evidence pertaining to the Contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within ten (10) business days of written request. Further, the Contractor shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to the Contract, and to allow the City similar access to those documents. All books and records will be made available within a 50 mile radius of the City. The cost of the audit will be borne by the City unless t he audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the Contractor which must be payable within five (5) business days of receipt of an invoice. B. Failure to comply with the provisions of this section shall be a material breach of the Contract and shall constitute, in the City’s sole discretion, grounds for termination thereof. Each of the terms “books”, “records”, “documents” and “other evidence”, as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. 6.24 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B.Title VI, Civil Rights Act of 1964 as amended:Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. ARTICLE 7 – OTHER WORK AT THE SITE 7.01 Related Work at Site A. City may perform other work related to the Project at the Site with City’s employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City’s employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 35 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects in the work provided by others. 7.02 Coordination A. If City intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be pro vided. B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. ARTICLE 8 – CITY’S RESPONSIBILITIES 8.01 Communications to Contractor Except as otherwise provided in the Supplementary Conditions, City shall issue all communications to Contractor. 8.02 Furnish Data City shall timely furnish the data required under the Contract Documents. 8.03 Pay When Due City shall make payments to Contractor in accordance with Article 14. DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 36 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 8.04 Lands and Easements; Reports and Tests City’s duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City’s identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by City in preparing the Contract Documents. 8.05 Change Orders City shall execute Change Orders in accordance with Paragraph 10.03. 8.06 Inspections, Tests, and Approvals City’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03. 8.07 Limitations on City’s Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14. 8.08 Undisclosed Hazardous Environmental Condition City’s responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.09 Compliance with Safety Program While at the Site, City’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which City has been informed pursuant to Paragraph 6.14. ARTICLE 9 – CITY’S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City’s Project Manager or Duly Authorized Representative City will provide a Project Manager or duly authorized representative during the construction period. The duties and responsibilities and the limitations of authority of City’s Project Manager or duly appointed representative during construction are set forth in the Contract Documents. City’s Project Manager for this Contract is as set forth in the Supple mentary Conditions. City will establish a duly authorized representative at the Preconstruction Meeting in accordance with Section 01 31 19. DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 37 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 9.02 Visits to Site A. City will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, City will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City’s efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City’s visits and observations are subject to all the limitations on authority and responsibility set forth in Paragraph 8.07. Particularly, but without limitation, during or as a result of City’s visits or observations of Contractor’s Work, City will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Authorized Variations in Work City’s Project Manager or duly authorized representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City and also on Contractor, who shall perform the Work involved promptly. 9.04 Rejecting Defective Work City will have authority to reject Work which City’s Project Manager or duly authorized representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 13, whether or not the Work is fabricated, installed, or completed. 9.05 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City’s Project Manager or duly authorized representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City’s written decision will be final (except as modified to reflect changed factual conditions or more accurate data). DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 38 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. B. City will render a written decision on any issue referred. C. City’s written decision on the issue referred will be final and binding on the Contractor, subject to the provisions of Paragraph 10.06. ARTICLE 10 – CHANGES IN THE WORK; CLAIMS; EXTRA WORK 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall proceed with the Work involved only upon receiving written notice from City. Extra Work will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. 10.02 Unauthorized Changes in the Work Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.17. 10.03 Execution of Change Orders A. City and Contractor shall execute appropriate Change Orders covering: 1. changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08 or City’s correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed. 10.04 Dispute of Extra Work A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the City insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep accurate account of the actual DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 39 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to Paragraph 10.06. B. The Contractor shall furnish the City such installation records of all deviations from the original Contract Documents as may be necessary to enable the City to prepare for permanent record a corrected set of plans showing the actual installation. C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or Extra Work. 10.05 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. 10.06 Contract Claims Process A. City’s Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the City for decision. A decision by City shall be required as a condition precedent to any exercise by Contractor of any rights or remedies he may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B.Notice: 1. Written notice stating the general nature of each Contract Claim shall be delivered by the Contractor to City no later than 15 days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party making the Contract Claim. 2. Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered to the City on or before 45 days from the start of the event giving rise thereto (unless the City allows additional time for Contractor to submit additional or more accurate data in support of such Contract Claim). 3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01. 4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02. DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 40 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 5. Each Contract Claim shall be accompanied by Contractor’s written statement that the adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a result of said event. 6. The City shall submit any response to the Contractor within 30 days after receipt of the claimant’s last submittal (unless Contract allows additional time). C.City’s Action: City will review each Contract Claim and, within 30 days aft er receipt of the last submittal of the Contractor, if any, take one of the following actions in writing: 1. deny the Contract Claim in whole or in part; 2. approve the Contract Claim; or 3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City’s sole discretion, it would be inappropriate for the City to do so. For purposes of further resolution of the Contract Claim, such notice shall be deemed a denial. D. City’s written action under Paragraph 10.06.C will be final and binding, unless City or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not submitted in accordance with this Paragraph 10.06. F. If the City fails to take any action pursuant to Paragraph 10.06 (C) the contract Claim is considered to have been denied by the City. ARTICLE 11 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT 11.01 Cost of the Work A.Costs Included:The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work. Such costs shall not include any of the costs itemized in Paragraph 11.01.B, and shall include but not be limited to the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by City and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on t he Work. Payroll costs shall include; DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 41 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 a. salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of Regular Working Hours, Weekend Working Hours, or legal holidays, shall be included in the above to the extent authorized by City. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. 3. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. 4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City, who will then determine, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 11.01. 5. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 6. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and Regulations. DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 42 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. e. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee. f. The cost of utilities, fuel, and sanitary facilities at the S ite. g. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar petty cash items in connection with the Work. h. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B.Costs Excluded:The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor’s officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor’s fee. 2. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site. 3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind. DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 43 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 C.Contractor’s Fee:When all the Work is performed on the basis of cost-plus, Contr actor’s fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor’s fee shall be determined as set forth in Paragraph 12.01.C. D.Documentation:Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to City an itemized cost breakdown together with supporting data. 11.02 Allowances A.Specified Allowance:It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to City. B.Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C.Contingency Allowance:Contractor agrees that a contingency allowance, if any, is for the sole use of City. D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 44 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 City subject to the provisions of Paragraph 9.05. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item. Work described in the Contract Documents, or reasonably inferred as required for a functionally complete installation, but not identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidental work included as part of the unit price. D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work. E.Increased or Decreased Quantities:The City reserves the right to order Extra Work in accordance with Paragraph 10.01. 1. If the changes in quantities or the alterations do not significantly change the character of work under the Contract Documents, the altered work will be paid for at the Contract unit price. 2. If the changes in quantities or alterations significantly change the character of work, the Contract will be amended by a Change Order. 3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended by a Change Order in accordance with Article 12. 4. A significant change in the character of work occurs when: a. the character of work for any Item as altered differs materially in kind or nature from that in the Contract or b. a Major Item of work varies by more than 25% from the original Contract quantity. 5. When the quantity of work to be done under any Major Item of the Contract is more than 125% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price on the portion of the work that is above 125%. 6. When the quantity of work to be done under any Major Item of the Contract is less than 75% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price. DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 45 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 11.04 Plans Quantity Measurement for Unclassified Excavation or Embankment A. Plans quantities may or may not represent the exact quantity of work performed or material moved, handled, or placed during the execution of the Contract. The estimated bid quantities are designated as final payment quantities, unless revised by the governing Section or this Article. B. If the quantity measured as outlined under “Price and Payment Procedures” varies by more than 25% (or as stipulated under “Price and Payment Procedures” for specific Items) from the total estimated quantity for an individual Item originally shown in t he Contract Documents, an adjustment may be made to the quantity of authorized work done for payment purposes. The party to the Contract requesting the adjustment will provide field measurements and calculations showing the final quantity for which payment will be made. Payment for revised quantity will be made at the unit price bid for that Item, except as provided fo r in Article 10. C. When quantities are revised by a change in design approved by the City, by Change Order, or to correct an error, or to correct an error on the plans, the plans quantity will be increased or decreased by the amount involved in the change, and the 25% variance will apply to the new plans quantity. D. If the total Contract quantity multiplied by the unit price b id for an individual Item is less than $250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans quantity. E. For callout work or non-site specific Contracts, the plans quantity measurement requirements are not applicable. ARTICLE 12 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. B. The value of any Work covered by a Change Order will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum or unit price (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2), and shall include the cost of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work; or 3. where the Work involved is not covered by unit prices contained in the Contract Documents DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 46 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 and agreement to a lump sum or unit price is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 12.01.C). C.Contractor’s Fee:The Contractor’s additional fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1, 11.01.A.2. and 11.01.A.3, the Contractor’s additional fee shall be 15 percent except for: 1) rental fees for Contractor’s own equipment using standard rental rates; 2) bonds and insurance; b. for costs incurred under Paragraph 11.01.A.4 and 11.01.A.5, the Contractor’s fee shall be five percent (5%); 1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent (5%) of the amount paid to the next lower tier Subcontractor, however in no case shall the cumulative total of fees paid be in excess of 25%; c. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.6, and 11.01.B; d. the amount of credit to be allowed by Contractor to City for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor’s fee by an amount equal to five percent (5%) of such net decrease. 12.02 Change of Contract Time A. The Contract Time may only be changed by a Change Order. B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or claimed delay adversely affects the critical path. DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 47 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 12.03 Delays A. Where Contractor is reasonably delayed in the performance or completion of any part of the Work within the Contract Time due to delay beyond the control of Contractor, the Contract Time may be extended in an amount equal to the time lost due to such delay if a Contract Claim is made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by City, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. Such an adjustment shall be Contractor’s sole and exclusive remedy for the delays described in this Paragraph. B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may co mply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 48 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplement ary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for City’s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations acceptable to City. D. City may arrange for the services of an independent testing laboratory (“Testing Lab”) to perform any inspections or tests (“Testing”) for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 13.03 D result in a “fail”, “did not pass” or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor’s cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. 3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing Lab is paid. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor’s expense. G. Contractor shall have the right to make a Contract Claim regarding any retest or invoice issued under Section 13.03 D. DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 49 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 13.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City’s observation and replaced at Contractor’s expense. B. If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, Contractor, at City’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as City may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); or City shall be entitled to accept defective Work in accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all costs associated with exposing, observing, and testing the defective Work. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an extension of the Contract Time directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. 13.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this rig ht of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 50 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair City’s special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor’s use by City or permitted by Laws and Regulations as contemplated in Paragraph 6.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City’s written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Contract Documents. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor should such additional warranty coverage be required. Contractor may dispute this requirement by filing a Contract Claim, pursuant to Paragraph 10.06. E. Contractor’s obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 51 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 13.08 Acceptance of Defective Work If, instead of requiring correction or removal and replacement of defective Work, City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) attributable to City’s evaluation of and determination to accept such defective Work and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. 13.09 City May Correct Defective Work A. If Contractor fails within a reasonable time after written no tice from City to correct defective Work, or to remove and replace rejected Work as required by Cit y in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, City’s representatives, agents, consultants, employees, and City’s other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City’s rights and remedies under this Paragraph 13.09. ARTICLE 14 – PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 52 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 acceptable to City. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A.Applications for Payments: 1. Contractor is responsible for providing all information as required to become a vendor of the City. 2. At least 20 days before the date established in the General Requirements for each progress payment, Contractor shall submit to City for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 3. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that City has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate insurance or other arrangements to protect City’s interest therein, all of which must be satisfactory to City. 4. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that previous progress payments received on account of the Work have been applied on account to discharge Contractor’s legitimate obligations associated with prior Applications for Payment. 5. The amount of retainage with respect to progress payments will be as stipulated in the Contract Documents. B.Review of Applications: 1. City will, after receipt of each Application for Payment, either indicate in writing a recommendation of payment or return the Application to Contractor indicating reasons for refusing payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. City’s processing of any payment requested in an Application for Payment will be based on City’s observations of the executed Work, and on City’s review of the Application for Payment and the accompanying data and schedules, that to the best of City’s knowledge: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance, DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 53 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Work performed under Paragraph 9.05, and any other qualifications stated in the recommendation). 3. Processing any such payment will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to City in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by City or entitle City to withhold payment to Contractor, or c. Contractor has complied with Laws and Regulations applicable to Contractor’s performance of the Work. 4. City may refuse to process the whole or any part of any payment because of subsequently discovered evidence or the results of subsequent inspections or tests, and revise or revoke any such payment previously made, to such extent as may be necessary to protect City from loss because: a. the Work is defective, or the completed Work has been damaged by the Contractor or his subcontractors, requiring correction or replacement; b. discrepancies in quantities contained in previous applications for payment; c. the Contract Price has been reduced by Change Orders; d. City has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or e. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C.Retainage: 1. For all contracts, retainage shall be five percent (5%). D.Liquidated Damages: For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, the sum per day specified in the Agreement, will be deducted from the monies due the Contractor, not as a penalty, but as liquidated damages suffered by the City. E.Payment:Contractor will be paid pursuant to the requirements of this Article 14 and payment will become due in accordance with the Contract Documents. DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 54 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 F.Reduction in Payment: 1. City may refuse to make payment of the amount requested because: a. Claims have been made against City on account of Contractor’s performance or furnishing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens; c. there are other items entitling City to a set-off against the amount recommended; or d. City has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A. 2. If City refuses to make payment of the amount requested, City will give Contractor written notice stating the reasons for such action and pay Contractor any amount remaining after deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, when Contractor remedies the reasons for such action. DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 55 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 14.03 Contractor’s Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to City no later than the time of payment free and clear of all Liens. 14.04 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 14.05 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: 1. City will promptly schedule a Final Inspection with Contracto r. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. City reserves the right to deny request for Final Inspection if City determines that the entire Work is not sufficiently complete to warrant a Final Inspection. 14.06 Final Acceptance Upon completion by Contractor to City’s satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance. DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 56 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 14.07 Final Payment A.Application for Payment: 1. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for final payment following the procedure for progress payments in accordance with the Contract Documents. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; b. consent of the surety, if any, to final payment; c. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and d. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. B. Payment Becomes Due: 1. After City’s acceptance of the Application for Payment and accompanying documentation, requested by Contractor, less previous payments made and any sum City is entitled, including but not limited to liquidated damages, will become due and payable. 2. After all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor’s insurance provider for resolution. 3. The making of the final payment by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. 14.08 Final Completion Delayed and Partial Retainage Release A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon receipt of Contractor’s final Application for Payment, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the retainage stipulated in Paragraph 14.02.C, and if bonds have been furnished as required in Paragraph 5.02, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to City with the Application for such payment. Such payment shall be made under the terms and conditions DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 57 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 governing final payment, except that it shall not constitute a waiver of Contract Claims. B.Partial Retainage Release. For a Contract that provides for a separate vegetative establishment and maintenance, and test and performance periods following the completion of all other construction in the Contract Documents for all Work locations, the City may release a portion of the amount retained provided that all other work is completed as determined by the City. Before the release, all submittals and final quantities must be completed and accepted for all other work. An amount sufficient to ensure Contract compliance will be retained. 14.09 Waiver of Claims The acceptance of final payment will constitute a release of the City from all claims or liabilities under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of City related to or connected with the Contract. ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION 15.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will make no extra payment for stand-by time of construction equipment and/or construction crews. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. D. Contractor may be reimbursed for the cost of moving his equip ment off the job and returning the necessary equipment to the job when it is determined by the Cit y that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction project for the City. 15.02 City May Terminate for Cause A. The occurrence of any one or more of the following events by way of example, but not of DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 58 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 limitation, may justify termination for cause: 1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, failure to adhere to the Project Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04. 2. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor’s repeated disregard of the authority of City; or 4. Contractor’s violation in any substantial way of any provisio ns of the Contract Documents; or 5. Contractor’s failure to promptly make good any defect in materials or workmanship, or defects of any nature, the correction of which has been directed in writing by the City; or 6. Substantial indication that the Contractor has made an unauthorized assignment of the Contract or any funds due therefrom for the benefit of any creditor or for any other purpose; or 7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the Work satisfactorily; or 8. Contractor commences legal action in a court of competent jurisdiction against the City. B. If one or more of the events identified in Paragraph 15.02A. occur, City will provide written notice to Contractor and Surety to arrange a conference with Contractor and Surety to address Contractor's failure to perform the Work. Conference shall be held not later than 15 days, after receipt of notice. 1. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to perform the construction Contract, the City may, to the extent permitted by Laws and Regulations, declare a Contractor default and formally terminate the Contractor's right to complete the Contract. Contractor default shall not be declared earlier than 20 days after the Contractor and Surety have received notice of conference to address Contractor's failure to perform the Work. 2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 consecutive calendar days after date of an additional written notice demanding Surety's performance of its obligations, then City, without process or action at law, may take over any portion of the Work and complete it as described below. a. If City completes the Work, City may exclude Contractor and Surety from the site and take possession of the Work, and all materials and equipment incorporated into the DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 59 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Work stored at the Site or for which City has paid Contractor or Surety but which are stored elsewhere, and finish the Work as City may deem expedient. 3. Whether City or Surety completes the Work, Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by City arising out of or resulting from completing the Work, such excess will be paid to Contractor. If such claims, costs, losses and damages exceed such unpaid balance, Contractor shall pay the difference to City. Such claims, costs, losses and damages incurred by City will be incorporated in a Change Order, provided that when exercising any rights or remedies under this Paragraph, City shall not be required to obtain the lowest price for the Work performed. 4. Neither City, nor any of its respective consultants, agents, officers, directors or employees shall be in any way liable or accountable to Contractor or Surety for the method by which the completion of the said Work, or any portion thereof, may be accomplished or for the price paid therefor. 5. City, notwithstanding the method used in completing the Contract, shall not forfeit the right to recover damages from Contractor or Surety for Contractor's failure to timely complete the entire Contract. Contractor shall not be entitled to any claim on account of the method used by City in completing the Contract. 6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as provided for in the bond requirements of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise prescribed by law. C. Notwithstanding Paragraphs 15.02.B, Contractor’s services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Contractor’s services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by City will not release Contractor from liability. E. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this Article. 15.03 City May Terminate For Convenience A. City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract. Any termination shall be effected by mailing a notice of the termination to the DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 60 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Contractor specifying the extent to which performance of Work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the City. Further, it shall be deemed co nclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the City regarding such discretionary action. B. After receipt of a notice of termination, and except as otherwise directed by the City, the Contractor shall: 1. Stop work under the Contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work under the Contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of termination; 4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the notice of the termination; and b. the completed, or partially completed plans, drawings, information and other property which, if the Contract had been completed, would have been required to be furnished to the City. 5. complete performance of such Work as shall not have been terminated by the notice of termination; and 6. take such action as may be necessary, or as the City may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the owner has or may acquire the rest. C. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the City a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by City. D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 61 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 submitted shall be subject to verification by the City upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. E. Not later than 60 days after the notice of termination, the Contractor shall submit his termination claim to the City in the form and with the certification prescribed by the City. Unless an extension is made in writing within such 60 day period by the Contractor, and granted by the City, any and all such claims shall be conclusively deemed waived. F. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. reasonable expenses directly attributable to termination. G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid to the Contractor by reason of the termination of the Work, the City shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. ARTICLE 16 – DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision under Paragraph 10.06 before such decision becomes final and binding. The request for mediation shall be submitted to the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.06.E. B. City and Contractor shall participate in the mediation process in good faith. The process shall be commenced within 60 days of filing of the request. C. If the Contract Claim is not resolved by mediation, City’s action under Paragraph 10.06.C or a denial pursuant to Paragraphs 10.06.C.3 or 10.06.D shall become final and binding 30 days after termination of the mediation unless, within that time period, City or Contractor: 1. elects in writing to invoke any other dispute resolution process provided for in the DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 62 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Supplementary Conditions; or 2. agrees with the other party to submit the Contract Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Contract Claim to a court of competent jurisdiction. ARTICLE 17 – MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 3. delivered by electronic means to or from the Project Manager. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 17.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 17.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 72 00 -1 GENERAL CONDITIONS Page 63 of 63 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 17.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 73 00 - 1 SUPPLEMENTARY CONDITIONS Page 1 of 5 CITY OF DENTON Invitation for Bid No. 7038 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS ALLRED AND JOHN PAINE RD WATER MAIN Revised September 20, 2018 SECTION 00 73 00 1 SUPPLEMENTARY CONDITIONS 2 TO 3 GENERAL CONDITIONS 4 5 Supplementary Conditions 6 7 These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other 8 provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are 9 modified or supplemented remain in full force and effect as so modified or supplemented. All provisions 10 of the General Conditions which are not so modified or supplemented remain in full force and effect. 11 12 Defined Terms 13 14 The terms used in these Supplementary Conditions which are defined in the General Conditions have the 15 meaning assigned to them in the General Conditions, unless specifically noted herein. 16 17 Modifications and Supplements 18 19 The following are instructions that modify or supplement specific paragraphs in the General Conditions and 20 other Contract Documents. 21 22 SC-4.01A 23 24 Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. 25 Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the 26 Contract Drawings. 27 28 SC-4.01A.1., “Availability of Lands” 29 30 The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of 31 APRIL 2019: 32 33 Outstanding Right-Of-Way, and/or Easements to Be Acquired 34 PARCEL NUMBER OWNER TARGET DATE OF POSSESSION PARCEL 1 PE PARTS 1, 2 & 3 PETRUS INVESTMENT, L.P. JUNE 2019 PARCEL 1 TE PARTS, 1, 2 & 3 PETRUS INVESTMENT, L.P. JUNE 2019 The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, 35 and do not bind the City. 36 37 If Contractor considers the final easements provided to differ materially from the representations on the 38 Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, 39 notify City in writing associated with the differing easement line locations. 40 41 42 DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 73 00 - 2 SUPPLEMENTARY CONDITIONS Page 2 of 5 CITY OF DENTON Invitation for Bid No. 7038 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS ALLRED AND JOHN PAINE RD WATER MAIN Revised September 20, 2018 SC-4.01A.2, “Availability of Lands” 1 2 Utilities or obstructions to be removed, adjusted, and/or relocated 3 4 The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated 5 as of NOVEMBER 2018 6 7 EXPECTED OWNER UTILITY AND LOCATION TARGET DATE OF ADJUSTMENT NONE The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, 8 and do not bind the City. 9 10 SC-4.02A., “Subsurface and Physical Conditions” 11 12 The following are reports of explorations and tests of subsurface conditions at the site of the Work: 13 14 A Geotechnical Engineering Study Report No. 103-18-282, dated April 19, 2018, prepared CMJ 15 Engineering, Inc., a sub-consultant of Kimley-Horn and Associates, Inc., a consultant of the City, providing 16 additional information on geotechnical conditions of the Site. 17 18 The following are drawings of physical conditions in or relating to existing surface and subsurface 19 structures (except Underground Facilities) which are at or contiguous to the site of the Work: 20 NONE 21 22 SC-4.06A., “Hazardous Environmental Conditions at Site” 23 24 The following are reports and drawings of existing hazardous environmental conditions known to the City: 25 NONE 26 27 SC-5.03A., “Certificates of Insurance” 28 29 The entities listed below are "additional insureds as their interest may appear" including their respective 30 officers, directors, agents and employees. 31 32 (1) City 33 (2) Consultant: Kimley-Horn and Associates, Inc. 34 (3) Other: NONE 35 36 SC-5.04A., “Contractor’s Insurance” 37 38 The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following 39 coverages for not less than the following amounts or greater where required by laws and regulations: 40 41 5.04A. Workers' Compensation, under Paragraph GC-5.04A. 42 43 Statutory limits 44 Employer's liability 45 $100,000 each accident/occurrence 46 $100,000 Disease - each employee 47 $500,000 Disease - policy limit 48 49 DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 73 00 - 3 SUPPLEMENTARY CONDITIONS Page 3 of 5 CITY OF DENTON Invitation for Bid No. 7038 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS ALLRED AND JOHN PAINE RD WATER MAIN Revised September 20, 2018 SC-5.04B., “Contractor’s Insurance” 1 2 5.04B. Commercial General Liability, under Paragraph GC-5.04B. Contractor's Liability Insurance 3 under Paragraph GC-5.04B., which shall be on a per project basis covering the Contractor with 4 minimum limits of: 5 6 $1,000,000 each occurrence 7 $2,000,000 aggregate limit 8 9 The policy must have an endorsement (Amendment – Aggregate Limits of Insurance) making the 10 General Aggregate Limits apply separately to each job site. 11 12 The Commercial General Liability Insurance policies shall provide “X”, “C”, and “U” coverage’s. 13 Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. 14 15 SC 5.04C., “Contractor’s Insurance” 16 5.04C. Automobile Liability, under Paragraph GC-5.04C. Contractor’s Liability Insurance under 17 Paragraph GC-5.04C., which shall be in an amount not less than the following amounts: 18 19 (1) Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", 20 defined as autos owned, hired and non-owned. 21 22 $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at 23 least: 24 25 $250,000 Bodily Injury per person / 26 $500,000 Bodily Injury per accident / 27 $100,000 Property Damage 28 29 SC-5.04D., “Contractor’s Insurance” 30 31 The Contractor’s construction activities will require its employees, agents, subcontractors, equipment, and 32 material deliveries to cross railroad properties and tracks, or perform work within 25 feet of the center line 33 of tracks owned and operated by NONE. 34 35 The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, 36 hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains 37 or other property. Such operations on railroad properties may require that Contractor to execute a “Right of 38 Entry Agreement” with the particular railroad company or companies involved, and to this end the 39 Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute 40 the right-of-entry (if any) required by a railroad company. The requirements specified herein likewise relate 41 to the Contractor’s use of private and/or construction access roads crossing said railroad company’s 42 properties. 43 44 The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide 45 coverage for not less than the following amounts, issued by companies satisfactory to the City and to the 46 Railroad Company for a term that continues for so long as the Contractor’s operations and work cross, 47 occupy, or touch railroad property: 48 49 (1) General Aggregate: N/A 50 51 (2) Each Occurrence: N/A 52 53 Required for this Contract X Not required for this Contract 54 55 DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 73 00 - 4 SUPPLEMENTARY CONDITIONS Page 4 of 5 CITY OF DENTON Invitation for Bid No. 7038 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS ALLRED AND JOHN PAINE RD WATER MAIN Revised September 20, 2018 With respect to the above outlined insurance requirements, the following shall govern: 1 2 1. Where a single railroad company is involved, the Contractor shall provide one insurance policy in 3 the name of the railroad company. However, if more than one grade separation or at-grade 4 crossing is affected by the Project at entirely separate locations on the line or lines of the same 5 railroad company, separate coverage may be required, each in th e amount stated above. 6 7 2. Where more than one railroad company is operating on the same right-of-way or where several 8 railroad companies are involved and operated on their own separate rights-of-way, the Contractor 9 may be required to provide separate insurance policies in the name of each railroad company. 10 11 3. If, in addition to a grade separation or an at-grade crossing, other work or activity is proposed on a 12 railroad company’s right-of-way at a location entirely separate from the grade separation or at-13 grade crossing, insurance coverage for this work must be included in the policy covering the grade 14 separation. 15 16 4. If no grade separation is involved but other work is proposed on a railroad company’s right -of-17 way, all such other work may be covered in a single policy for that railroad, even though the work 18 may be at two or more separate locations. 19 20 No work or activities on a railroad company’s property to be performed by the Contractor shall be 21 commenced until the Contractor has furnished the City with an original policy or policies of the insurance 22 for each railroad company named, as required above. All such insurance must be approved by the City and 23 each affected Railroad Company prior to the Contractor’s beginning work. 24 25 The insurance specified above must be carried until all Work to be performed on the railroad right-of-way 26 has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, 27 insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. 28 Such insurance must name the railroad company as the insured, together with any tenant or lessee of the 29 railroad company operating over tracks involved in the Project. 30 31 SC-6.09., “Permits and Utilities” 32 33 SC-6.09A., “Contractor obtained permits and licenses” 34 The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: 35 NONE 36 37 SC-6.09B. “City obtained permits and licenses” 38 The following are known permits and/or licenses required by the Contract to be acquired by the City: 39 TxDOT Utility Installation Request (UIR) 40 41 SC-6.09C. “Outstanding permits and licenses” 42 43 The following is a list of known outstanding permits and/or licenses to be acquired, if any as of APRIL 44 2019: 45 46 Outstanding Permits and/or Licenses to Be Acquired 47 OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION NONE 48 49 50 DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 00 73 00 - 5 SUPPLEMENTARY CONDITIONS Page 5 of 5 CITY OF DENTON Invitation for Bid No. 7038 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS ALLRED AND JOHN PAINE RD WATER MAIN Revised September 20, 2018 SC-7.02., “Coordination” 1 2 The individuals or entities listed below have contracts with the City for the performance of other work at 3 the Site: 4 NONE 5 6 SC-8.01, “Communications to Contractor” 7 8 1. Hillwood Energy – Rachel Russell: 817-224-6302 (Coordinate access of vehicles accessing gas 9 pad along John Paine Road) 10 2. Hunter Gathering, LP – Jeff Scharlz: 817-851-7283 (Contact 48 hours in advance of excavation 11 operations occurring within 50’ of existing 8” gas pipeline). 12 3. Energy Transfer Company – Clark Deevers: 817-389-2850 (Contact 48 hours in advance of 13 beginning boring operations adjacent to existing 16” gas pipeline). 14 15 SC-9.01., “City’s Project Manager” 16 17 The City’s Project Manager for this Contract is Jim Jenks, P.E., or his/her successor pursuant to written 18 notification from the City Engineer. 19 20 SC-13.03C., “Tests and Inspections” 21 22 NONE 23 24 SC-16.01C.1, “Methods and Procedures” 25 26 NONE 27 28 29 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143 Exhibit CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Sec tion 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information in this section is being disclosed. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of one percent or more? Yes No D. Describe each employment or business and family relationship with the local government officer named in this section. 4 I have no Conflict of Interest to disclose. 5 Signature of vendor doing business with the governmental entity Date DocuSign Envelope ID: 375DD795-19E6-4651-A1CF-EB671D222143           Certificate Of Completion Envelope Id: 375DD79519E64651A1CFEB671D222143 Status: Completed Subject: Please DocuSign: City Council Contract 7038 Allred and John Paine Rd Water Main Source Envelope: Document Pages: 95 Signatures: 6 Envelope Originator: Certificate Pages: 6 Initials: 1 Jamie Cogdell AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 Jamie.Cogdell@cityofdenton.com IP Address: 129.120.6.150 Record Tracking Status: Original 5/31/2019 11:45:06 AM Holder: Jamie Cogdell Jamie.Cogdell@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Jamie Cogdell jamie.cogdell@cityofdenton.com Senior Buyer City Of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 129.120.6.150 Sent: 5/31/2019 11:45:41 AM Viewed: 5/31/2019 11:45:52 AM Signed: 5/31/2019 11:47:48 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 129.120.6.150 Sent: 5/31/2019 11:47:52 AM Viewed: 5/31/2019 12:35:41 PM Signed: 5/31/2019 12:35:44 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Mack Reinwand mack.reinwand@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 129.120.6.150 Sent: 5/31/2019 12:35:47 PM Viewed: 5/31/2019 12:41:47 PM Signed: 5/31/2019 12:42:52 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Anthony Martinez tony@wilsoncontractorservices.com Vice President Anthony Martinez Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 71.123.233.98 Sent: 5/31/2019 12:42:55 PM Viewed: 5/31/2019 12:59:38 PM Signed: 5/31/2019 1:01:17 PM Electronic Record and Signature Disclosure: Accepted: 5/31/2019 12:59:38 PM ID: 36c8e01f-ae4b-479b-b2eb-f4df0c7f688d Signer Events Signature vivestavv Todd Estes todd.estes@cityofdenton.com City Engineer Capital Projects Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 71.84.152.239 Signed using mobile Sent: 5/31/2019 1:01:20 PM Viewed: 5/31/2019 7:06:32 PM Signed: 5/31/2019 7:06:56 PM Electronic Record and Signature Disclosure: Accepted: 5/31/2019 7:06:32 PM ID: e2d00cef-f021-4320-b682-2f89086cb55b Tabitha Millsop tabitha.millsop@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) vovvleted Using IP Address: 129.120.6.150 Sent: 5/31/2019 7:06:59 PM Viewed: 6/26/2019 8:19:09 AM Signed: 6/26/2019 8:19:27 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Todd Hileman Todd.Hileman@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 174.206.37.31 Signed using mobile Sent: 6/26/2019 8:19:32 AM Viewed: 6/26/2019 8:19:47 AM Signed: 6/26/2019 8:19:53 AM Electronic Record and Signature Disclosure: Accepted: 7/25/2017 11:02:14 AM ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21 Rosa Rios rosa.rios@cityofdenton.com Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 129.120.6.150 Sent: 6/26/2019 8:19:57 AM Viewed: 6/26/2019 11:43:55 AM Signed: 6/26/2019 11:44:25 AM Electronic Record and Signature Disclosure: Accepted: 6/26/2019 11:43:55 AM ID: d7122f9b-920d-462a-a2c9-0efb804b43e6 vn verson Signer Events Signature vivestavv Editor Deliverv Events Status vivestavv vgent Deliverv Events Status vivestavv vntervediarv Deliverv Events Status vivestavv vertivied Deliverv Events Status vivestavv varvon vovv Events Status vivestavv Tabitha Millsop tabitha.millsop@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Sent: 5/31/2019 11:47:51 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign varvon vovv Events Status vivestavv Sherri Thurman sherri.thurman@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Sent: 5/31/2019 11:47:51 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Annie Bunger annie.bunger@cityofdenton.com Administrative Assistant IV City of Denton Security Level: Email, Account Authentication (None) Sent: 5/31/2019 1:01:20 PM Viewed: 6/3/2019 7:42:39 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane Richardson jane.richardson@cityofdenton.com Assistant City Secretary City of Denton Security Level: Email, Account Authentication (None) Sent: 6/26/2019 8:19:31 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane Richardson jane.richardson@cityofdenton.com Assistant City Secretary City of Denton Security Level: Email, Account Authentication (None) Sent: 6/26/2019 11:44:29 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Lee Perry lee.perry@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 6/26/2019 11:44:30 AM Viewed: 6/26/2019 12:21:38 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign vitness Events Signature vivestavv votarv Events Signature vivestavv Envelove Suvvarv Events Status vivestavvs Envelope Sent Hashed/Encrypted 6/26/2019 11:44:30 AM Certified Delivered Security Checked 6/26/2019 11:44:30 AM Signing Complete Security Checked 6/26/2019 11:44:30 AM Completed Security Checked 6/26/2019 11:44:30 AM vavvent Events Status vivestavvs Electronic Record and 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Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. "  "#  !!#  "       "! "  "$ "%!"!!! How to contact City of Denton: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: purchasing@cityofdenton.com To advise City of Denton of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. 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Docusign City Council Transmittal Coversheet File Name Purchasing Contact City Council Target Date Piggy Back Option Contract Expiration Ordinance DocuSign Envelope ID: 8DA11701-3AA2-4935-8B0B-6727082C38E7 7038 Allred & John Paine Water TM Line - Change Order #1 Not Applicable Laura Hermosillo FILE RFCO #1 Date 7/26/2019 Item Unit Add To Contract Qty Unit Item Bid Total Line Item Total 2 LF 1500 $ 212.40 $318,600.00 3 LF -1061 $ 136.20 ($144,508.20) 4 LF -12 $ 223.62 ($2,683.44) 5 LF -60 $ 947.60 ($56,856.00) 6 EA 2 $ 45,750.00 $91,500.00 9 EA -1 $ 3,390.00 ($3,390.00) 10 EA 1 $ 19,500.00 $19,500.00 14 LF 547 $ 0.60 $328.20 Job Information 12-Inch Water Pipe w/ Fittings 48-Inch Steel Casing Pipe by Other than Open Cut with 30-Inch Water Carrier Pipe w/ Restrained Joints 30-Inch Resilient Seated Gate Valve and Vault 2018-010 Description 30-Inch Water Pipe w/ Fittings and Restrained Joints 24-Inch Water Pipe w/ Fittings and Restrained Joints Engineer Information Owner Information Fax (817) 335-5070 Owner Name Email Address City of Denton Texas Job # Job Name ALLRED AND JOHN PAINE ROAD WATER TRANSMISSION MAIN IFB# 7038 Address 0 REQUEST FOR CHANGE ORDER josh.kercho@kimley-horn.com Address Fort Worth, TX 76102 P.E. (Attn)Mr. Josh Kercho, P.E. Phone (817) 335-6511 City of Denton Address 901-B Texas Street Address Phone Denton, TX 76209 (940) 349-7100 Name Kimley Horn & Associates Address 801 Cherry St. Suite 1300 940-243-1174 Office 940-898-1175 Fax www.WilsonContractorServices.Com Wilson Contractor Services, LLC 3985 Mingo Rd. Denton, Texas 76208 Plan Revisions Dated 07/12/2019 Water Line Alignment Revisions City IFB# 7038, Ordinance#19-1386, KH No: 061024021 12-Inch Resilient Seated Gate Valve w/ Box 4-Inch Combination Air Release/Vacuum Relief Valve, Vault and Vent Piping Trench Safety DocuSign Envelope ID: 8DA11701-3AA2-4935-8B0B-6727082C38E7 18 LF -7400 $ 4.41 ($32,634.00) 18 LF -2000 $ 5.50 ($11,000.00) 20 CY 419 $ 8.00 $3,352.00 21 SY 7550 $ 1.06 $8,003.00 22 SY -56 $ 89.60 ($5,017.60) 24 SY -85 $ 20.00 ($1,700.00) CO1.1 LF 10200 $ 5.75 $58,650.00 CO1.2 LF 2000 $ 8.50 $16,995.00 CO1.3 LF 2000 $ 15.00 $30,000.00 CO1.4 LF 2000 $ 10.00 $20,000.00 CO1.4 LF 120.00 $ 684.80 $82,176.00 CO1.5 L.S.1.00 $ 7,826.30 $7,826.30 $399,141.26 30 Calendar DaysAdditional Time Requested for Change Order Substantially completed by July 6th 2020 Add Temporary 5-Strand Barbwire Fencing with Metal T Post 8'OC Add Permanent 7-Strand Barbwire Fencing with Metal T Post 8'OC Delete Permanent 5-Strand Barbwire Fencing Revised Alignment 30-Inch Water Pipe w/ Fittings and Restrained Joints Extra Depth (5vf additional Depth) Sta 63+00 to 83+00) Revised Alignment 30-Inch Water Pipe w/ Fittings and Restrained Joints Rock Excavation Adder (If Rock) Sta 63+00 to 83+00) Additional Bond Fee Premium 2% for Contract Value Increase Prepared By:7/26/2019 Date C/O Request Total: Asphalt Pavement Repair Hydromulch Seeding 8" Flexible Base Type D GR-2 48-Inch Steel Casing Pipe by Open Cut with 30-Inch Water Carrier Pipe w/ Restrained Joints Top Soil Delete Temporary 3-Strand Barbwire Fencing DocuSign Envelope ID: 8DA11701-3AA2-4935-8B0B-6727082C38E7 $399,141.26 New contract time:330 days Capital Projects 190172 1 4. Name of Project 5. Project Acct No.6. Date Prepared CITY OF DENTON CHANGE ORDER 1. Division (Department)2. Purchase Order No.3. Change Order No. Wilson Contractor Services, LLC. 3985 Mingo Rd., Denton, TX 76208 Allred and John Paine Road Water Transmission Main 630385523.1365.40100 Monday, September 23, 2019 7. Name and Address of Contractor 8. Current Contract Price $4,876,225.38 Increase in contract price 9. Contract time increased/decreased by:30 day(s) New Contract Price $5,275,366.64 Decrease in contract price THE AFOREMENTIONED CHANGE, AND WORK AFFECTED THEREBY, IS SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. 14. ACCEPTED BY CITY ENGINEER/DIRECTOR OF CAPITAL PROJECTS:_________________________________ Signature Date 13. SUBMITTED BY:________________________________ Project Manager Date 15. ACCEPTED BY CONTRACTOR: _________________________________________________ Title Signature Date ATTEST: CITY SECRETARY _________________________________ Signature Date 16. CITY MANAGER:_________________________________ Signature Date 18. PURCHASING/FINANCE:_________________________________ Signature Date 19. APPROVED AS TO LEGAL FORM:_________________________________ Signature Date DocuSign Envelope ID: 8DA11701-3AA2-4935-8B0B-6727082C38E7 9/24/2019 9/25/2019 Vice President 9/25/2019 9/25/2019 9/25/2019 Exhibit CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relat ionship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Sec tion 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this s ection is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information in this section is being disclosed. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local gov ernment officer serves as an officer or director, or holds an ownership of one percent or more? Yes No D. Describe each employment or business and family relationship with the local government officer named in this section. 4 I have no Conflict of Interest to disclose. 5 Signature of vendor doing business with the governmental entity Date DocuSign Envelope ID: 8DA11701-3AA2-4935-8B0B-6727082C38E7 A Wilson Contractor Services, LLC. X X X No business relationships to disclose 9/25/2019 No X Certificate Of Completion Envelope Id: 8DA117013AA249358B0B6727082C38E7 Status: Sent Subject: Please DocuSign: City Council Contract 7038 - Changer Order #1 Source Envelope: Document Pages: 5 Signatures: 6 Envelope Originator: Certificate Pages: 6 Initials: 1 Laura Hermosillo AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 laura.hermosillo@cityofdenton.com IP Address: 129.120.6.150 Record Tracking Status: Original 9/24/2019 1:47:14 PM Holder: Laura Hermosillo laura.hermosillo@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Laura Hermosillo laura.hermosillo@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 129.120.6.150 Sent: 9/24/2019 2:00:19 PM Viewed: 9/24/2019 2:00:31 PM Signed: 9/24/2019 2:00:34 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 129.120.6.150 Sent: 9/24/2019 2:00:36 PM Viewed: 9/24/2019 3:53:00 PM Signed: 9/24/2019 3:53:19 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Mack Reinwand mack.reinwand@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 129.120.6.150 Sent: 9/24/2019 3:53:22 PM Viewed: 9/25/2019 11:12:08 AM Signed: 9/25/2019 11:13:02 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Anthony Martinez tony@wilsoncontractorservices.com Vice President Anthony Martinez Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 71.123.233.98 Sent: 9/25/2019 11:13:04 AM Viewed: 9/25/2019 11:56:36 AM Signed: 9/25/2019 11:59:10 AM Electronic Record and Signature Disclosure: Accepted: 5/31/2019 12:59:38 PM ID: 36c8e01f-ae4b-479b-b2eb-f4df0c7f688d Signer Events Signature Timestamp Tracy L. Beck, P.E. Tracy.Beck@cityofdenton.com Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 129.120.6.150 Sent: 9/25/2019 11:59:13 AM Viewed: 9/25/2019 1:28:59 PM Signed: 9/25/2019 1:31:07 PM Electronic Record and Signature Disclosure: Accepted: 9/25/2019 1:28:59 PM ID: c9d77351-c309-4c4a-92ef-422615cc922e Todd Estes Todd.Estes@cityofdenton.com City Engineer Capital Projects Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 174.206.7.109 Signed using mobile Sent: 9/25/2019 11:59:13 AM Viewed: 9/25/2019 1:38:11 PM Signed: 9/25/2019 1:38:51 PM Electronic Record and Signature Disclosure: Accepted: 9/12/2019 4:33:00 PM ID: 9fd69afe-359a-4e8c-a06a-5124ffd34c35 Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Sent: 9/25/2019 1:38:53 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Todd Hileman Todd.Hileman@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/25/2017 11:02:14 AM ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21 Rosa Rios rosa.rios@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Carbon Copy Events Status Timestamp Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Sent: 9/24/2019 2:00:36 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Sherri Thurman sherri.thurman@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Sent: 9/24/2019 2:00:36 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane Richardson jane.richardson@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Annie Bunger Annie.Bunger@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 9/25/2019 1:38:54 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Anthony Martinez, Tracy L. 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To request paper copies from City of Denton To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Denton To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.. 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By checking the 'I Agree' box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and • Until or unless I notify City of Denton as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Denton during the course of my relationship with you. City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 19-2436,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,authorizing the City Manager,or his designee,to utilize a contract through the City of Frisco Contract Number 1901-036 for the acquisition of self-contained breathing apparatus (SCBA)for the Fire Department;providing for the expenditure of funds therefor;and providing an effective date (File 7124 -awarded to Hoyt Enterprises,Inc., dba Hoyt Breathing Air Products, in the amount of $600,000). City of Denton Printed on 10/15/2019Page 1 of 1 powered by Legistar™ City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance CFO: Antonio Puente, Jr. DATE: October 22, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or his designee, to utilize a contract through the City of Frisco Contract Number 1901-036 for the acquisition of self-contained breathing apparatus (SCBA) for the Fire Department; providing for the expenditure of funds therefor; and providing an effective date (File 7124 – awarded to Hoyt Enterprises, Inc., dba Hoyt Breathing Air Products, in the amount of $600,000). INFORMATION/BACKGROUND A self-contained breathing apparatus (SCBA) is a respiratory protective device worn by firefighters to provide breathable air in toxic and hazardous environments. The Fire Department began using SCBAs manufactured by Scott Safety Corporation in the year 2000. Since then, the manufacturer has issued many updates to accommodate safety requirements that have been instituted by the National Fire Protection Association. On March 5, 2019, the City of Frisco awarded contracts for the maintenance and replacement of SCBAs to the lowest responsible bidder meeting specification, Hoyt Breathing Air Products. The equipment awarded by the City of Frisco meets the City of Denton Fire Department’s replacement criteria. The Fire Department performs approximately 100 percent of the SCBAs flow tests in-house. When the test reveals a need, the department will utilize Hoyt Breathing Air Products as a resource for warranty repairs and replacement parts. This will allow the City of Denton Fire Department to maintain the use of current safety appropriate respiratory protection during firefighting and rescue responses. Pricing obtained through the City of Frisco has been competitively bid and meets the statutory requirements of Texas Local Government Code 271.102. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On April 2, 2013, Council approved the interlocal agreement with the City of Frisco (Ordinance 2013- 079). RECOMMENDATION Award a contract with Hoyt Enterprises, Inc., dba Hoyt Breathing Air Products, for the supply of self- contained breathing apparatus (SCBA) for the Fire Department, in a not-to-exceed amount of $600,000. City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com PRINCIPAL PLACE OF BUSINESS Hoyt Enterprises, Inc., dba Hoyt Breathing Air Products West Tawakoni, TX ESTIMATED SCHEDULE OF PROJECT The term per City of Frisco contract 1901-036 is until March 4, 2024. FISCAL INFORMATION These items will be funded from General Fund Fire Department operations account 320100.8545. The budgeted amount for this item is $600,000. Exhibits: Exhibit 1: Agenda Information Sheet Exhibit 2: Pricing Sheet Exhibit 3: Ordinance Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Kenneth Hedges, 940-349-8830. Legal point of contact: Mack Reinwand at 940-349-8333. Page 28 of 35 GENERAL INFORMATION CITY OF FRISCO PURCHASING BID FORM BVB 1901-036 Self-Contained Breathing Apparatus Item Description Units Estimated Qty Unit Cost Extended Cost Delivery in Days Inventory Qty on Hand 1 Scott Safety Air Pak 75 EA 8 2 Scott Safety Air Pak 75 Carbon Cylinder and Valve Assembly EA 40 3 Scott AV-3000 HT Facepiece with 4 Point Kevlar Head Harness, Small. EA 10 4 Scott AV-3000 HT Facepiece with 4 Point Kevlar Head Harness, Medium. EA 20 5 Scott AV-3000 HT Facepiece with 4 Point Kevlar Head Harness, Large. EA 10 6 Scott EPIC 3 RDI Voice Amplifier with Bracket EA 35 7 Scott EPIC 3 Voice Amplifier Bracket, Right Side EA 30 8 Scott EPIC 3 Voice Amplifier Bracket, Left Side EA 1 9 Scott RIT Pack III Less Cylinder EA 1 10 Scott RIT Pack III Carbon Cylinder and Valve Assembly EA 1 11 True North L-2 Search Rope Bag EA 1 12 200’ Search / RIT Line EA 1 13 NFPA Offset “D” Carabiner EA 1 14 SEMS II Mesh Gateway with USB Base Station EA 1 $48,896.00$6,112.00 30 Days Special order to specs. None-Critical delivery time / Shelf life determined by Manf. date . $39,808.00$995.20 $263.68 $2636.80 30 Days 30 Days 1 $263.68 $5,273.60 30 Days 2 $263.68 $556.50 $22.40 $19,477.50 $672.00 30 Days 30 Days 30 Days 8 0 0 $35.70 $35.70 30 Days 0 $2,590.00 $2,590.00 30 Days 0 $1,108.48 30 Days 0 30 Days 0 30 Days 0 30 Days 0 $1,505.00 $1,505.00 30 Days 0 $1,108.48 $98.30 $316.00 $36.10 $98.30 $316.00 $36.10 $2,636.80 Page 29 of 35 15 Pak-Tracker Handheld Receiver EA 1 16 Pak-Link Programmer EA 1 17 RFID Card Programmer with Software EA 1 18 RFID Cards (Package of ten (10) units) PKG 1 PERCENT OFF ALL SAFETY REPLACEMENT PARTS FOR ITEMS LISTED ABOVE____________. TRADE IN VALUE OF THE AIR-PAK 75________________________________________________. DELIVERY COST FOR RUSH ORDERS________________________________________________. PROVIDE THREE COMPARABLE REFERENCES TO THE SIZE AND NATURE OF THE SERVICES REQUESTED BY THE CITY OF FRISCO. PLEASE UTILIZE EXHIBIT A ATTACHED. ANY EXCEPTIONS OR ADDITIONAL PRICING INFORMATION: ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ $1,225.00 $1,225.00 30 Days 0 $857.50 $857.50 30 Days 0 $490.00 30 Days 0 $91.00 30 Days 0 30% N/A $490.00 $91.00 All pricing requested in above list has had the stated discount applied. No other discount will apply to the Unit Cost. Core items are described as NFPA SCBA for Fire Fighting, AV3000 HT Masks and Carbon Cylinders are discounted at 36% of 3MScott List Pricing. All other equipment and replacement parts are discounted at 30% of 3MScott List Pricing. Exception: Part # that represents a tool- sold at List Price Exception: Compressor, Fill Station, DOT Storage Cylinders and all related equipment for BAS (Breathing Air Systems)Discount determined per unit. $100.00 Per SCBA trade in value if traded, unit per new unit purchased ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO UTILIZE A CONTRACT THROUGH THE CITY OF FRISCO CONTRACT NUMBER 1901- 036 FOR THE ACQUISITION OF SELF-CONTAINED BREATHING APPARATUS (SCBA) FOR THE FIRE DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 7124 – AWARDED TO HOYT ENTERPRISES DBA HOYT BREATHING AIR PRODUCTS, IN THE AMOUNT OF $600,000). WHEREAS, pursuant to Contract 1901-036, the City of Frisco has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through the City of Frisco contract at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items shown in the “File Number” referenced herein and on file in office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: FILE NUMBER VENDOR AMOUNT 7124 Hoyt Enterprises dba Hoyt Breathing Air Products $600,000 SECTION 2. By the acceptance and approval of the items set forth in the referenced file number, the City accepts the offer of the persons submitting the bids to the City of Frisco for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the City of Frisco and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the referenced file number wish to enter into a formal written agreement as a result of the City’s ratification of bids awarded by the City of Frisco, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the City of Frisco, and related documents herein approved and accepted. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under this ordinance to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. By the acceptance and approval of the items set forth in the referenced file number, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by __________________________ and seconded by _________________________________, the ordinance was passed and approved by the following vote [___ - ___]: Aye Nay Abstain Absent Mayor Chris Watts: ______ ______ ______ ______ Gerard Hudspeth, District 1: ______ ______ ______ ______ Keely G. Briggs, District 2: ______ ______ ______ ______ Jesse Davis, District 3: ______ ______ ______ ______ John Ryan, District 4: ______ ______ ______ ______ Deb Armintor, At Large Place 5: ______ ______ ______ ______ Paul Meltzer, At Large Place 6: ______ ______ ______ ______ PASSED AND APPROVED this the _______ day of ___________________________, 2019. __________________________________ CHRIS WATTS, MAYOR City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 19-2465,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,authorizing the City Manager to execute a contract with All-N-One Services,LLC,for Temporary Labor Services for various City of Denton departments;providing for the expenditure of funds therefor;and providing an effective date (IFB 7045 -awarded to All-N-One Services,LLC,in the three (3)year not-to-exceed amount of $525,000). City of Denton Printed on 10/15/2019Page 1 of 1 powered by Legistar™ City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance CFO: Antonio Puente, Jr. DATE: October 22, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with All-N-One Services, LLC, for Temporary Labor Services for various City of Denton departments; providing for the expenditure of funds therefor; and providing an effective date (IFB 7045 – awarded to All-N-One Services, LLC, in the three (3) year not-to- exceed amount of $525,000). IFB INFORMATION /BACKGROUND This Invitation For Bid (IFB) is for temporary employment services to various operations throughout the City limits, including but not limited to, parks services, water and wastewater utilities, street construction and repair services, electric utility services, and landfill operations on an as-needed basis. This includes administrative support, general labor, CDL driver, and light equipment operator positions. The contract has the following assigned skilled levels for the City to request from: Level I – entry-level position with zero to two (2) years of verifiable, applicable experience. Level II- intermediate skill set with two (2) but less than five (5) years of verifiable, applicable experience. Level III – advanced skill set with at least five (5) years verifiable, applicable experience. Invitations for Bids were sent to 380 prospective suppliers of this item. In addition, specifications were placed on the Materials Management website for prospective suppliers to download and advertised in the local newspaper. Four (4) bids meeting specifications were received. The lowest bid was received by All- N-One Services, LLC. RECOMMENDATION Award a contract with All-N-One Services, LLC, for the supply of for Temporary Labor Services for various City of Denton departments, in a three (3) year not-to-exceed amount of $525,000. PRINCIPAL PLACE OF BUSINESS All-N-One Services, LLC Humble, TX City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com ESTIMATED SCHEDULE OF PROJECT This is a three (3) year contract. FISCAL INFORMATION These services will be funded through the using department’s budget on an as-needed basis. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Bid Tabulation Exhibit 3: LLC Members Exhibit 3: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Cassey Ogden at 940-349-7195. Legal point of contact: Mack Reinwand at 940-349-8333. Proposal Pricing (FOB DESTINATION): Item #Est. Annual Qty UOM Product Description Hourly Rate Estimated Annual Total Hourly Rate Estimated Annual Total Hourly Rate Estimated Annual Total Hourly Rate Estimated Annual Total 1a 8,000 HR General Laborer I $12.87 $102,960.00 $18.23 $145,840.00 $19.11 $152,880.00 $22.00 $176,000.00 1b 2,000 HR General Laborer II $13.86 $27,720.00 $20.93 $41,860.00 $20.58 $41,160.00 $23.15 $46,300.00 1c 1,000 HR General Laborer III $14.85 $14,850.00 $24.03 $24,030.00 $22.05 $22,050.00 $25.00 $25,000.00 The Spearhead Group, Inc. $145,530.00 $525,000.00 Taylor Smith Consulting LLC Dallas, TX AHEC dba Medrelief Staffing Houston, TXHumble, TX All-N-One Services, LLC Houston, TX Respondent's Company Name: Principal Place of Business (City and State): IFB 7045 - Bid Tabulation for Temporary Labor Services Exhibit 2 Contract Total (3 years): Total:$247,300.00$216,090.00$211,730.00 Docusign City Council Transmittal Coversheet File Name Purchasing Contact City Council Target Date Piggy Back Option Contract Expiration Ordinance DocuSign Envelope ID: 27C94784-1023-4F3B-B876-1BA331D6686C Suzzen Stroman Yes Temporary Labor Services 7045IFB Contract # 7045 CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND ALL-N-ONE SERVICES, LLC (CONTRACT 7045) THIS CONTRACT is made and entered into this date ______________________, by and between ALL-N-ONE SERVICES, LLC, a Texas Limited Liability Company, whose address is 12115 English Brook Cir, Humble, TX 77346, hereinafter referred to as "Contractor," and the CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and subsequent execution of this Contract by the Denton City Manager or his duly authorized designee. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: SCOPE OF SERVICES Supplier shall provide products and/or services in accordance with the City’s document IFB 7045 - Temporary Labor Services, a copy of which is on file at the office of Purchasing Agent and incorporated herein for all purposes. The Contract consists of this written agreement and the following items which are attached hereto and incorporated herein by reference: (a) Special Terms and Conditions (Exhibit “A”); (b) City of Denton’s IFB 7045 (Exhibit “B” on File at the Office of the Purchasing Agent); (c) City of Denton Standard Terms and Conditions (Exhibit “C”); (d) Insurance Requirements (Exhibit “D”); (e) Certificate of Interested Parties Electronic Filing (Exhibit "E"); (f) Contractor’s Proposal (Exhibit "F"); (g) Form CIQ – Conflict of Interest Questionnaire (Exhibit "G") These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to the written agreement then to the contract documents in the order in which they are listed above. These documents shall be referred to collectively as “Contract Documents.” Prohibition on Contracts with Companies Boycotting Israel Supplier acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms “boycott Israel” and “company” shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this agreement, Supplier certifies that Supplier’s signature provides written verification to the City that Supplier: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the agreement. Failure to meet or maintain the requirements under this provision will be considered a material breach. Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or a Foreign Terrorist Organization DocuSign Envelope ID: 27C94784-1023-4F3B-B876-1BA331D6686C Contract # 7045 Section 2252 of the Texas Government Code restricts CITY from contracting with companies that do business with Iran, Sudan, or a foreign terrorist organization. By signing this agreement, Supplier certifies that Supplier’s signature provides written verification to the City that Supplier, pursuant to Chapter 2252, is not ineligible to enter into this agreement and will not become ineligible to receive payments under this agreement by doing business with Iran, Sudan, or a foreign terrorist organization. Failure to meet or maintain the requirements under this provision will be considered a material brea ch. The parties agree to transact business electronically. Any statutory requirements that certain terms be in writing will be satisfied using electronic documents and signing. Electronic signing of this document will be deemed an original for all legal purposes. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. CONTRACTOR BY: ______________________________ AUTHORIZED SIGNATURE Date: _______________________________ Printed Name: ________________________ Title: _______________________________ ___________________________________ PHONE NUMBER ___________________________________ EMAIL ADDRESS ___________________________________ APPROVED AS TO LEGAL FORM: TEXAS ETHICS COMMISSION AARON LEAL, CITY ATTORNEY CERTIFICATE NUMBER BY: __________________________________ CITY OF DENTON, TEXAS ATTEST: ROSA RIOS, CITY SECRETARY BY: ______________________ TODD HILEMAN BY: _________________________________ CITY MANAGER Date: THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. _______________ ________________ SIGNATURE PRINTED NAME __________________________________ TITLE __________________________________ DEPARTMENT DocuSign Envelope ID: 27C94784-1023-4F3B-B876-1BA331D6686C 2818123553 9/25/2019 2818123553 President/CEO Esther Ann Guliex Procurement & Compliance Director of Procurement and Compliance Cassandra Ogden Contract # 7045 Exhibit A Special Terms and Conditions 1. Total Contract Amount The contract total for services shall not exceed $525,000. Pricing shall be per Exhibit F attached. 2. Contract Terms The contract term will be three (3) years, effective from date of award or notice to proceed as determined by the City of Denton Purchasing Department. The contract shall commence upon the issuance of a Notice of Award by the City of Denton. At the sole option of the City of Denton, the contract may be further extended as needed, not to exceed a total of six (6) months. 3. Price Escalation and De-escalation The City will implement an escalation/de-escalation price adjustment yearly. The escalation/de- escalation will be based upon manufacturer published pricing sheets to the vendor. The price will be increased or decreased based upon the yearly percentage change in the manufacturer’s price list. The price adjustment will be determined yearly from the award date. Should the change exceed or decrease a minimum threshold value of +/-1%, then the stated eligible bid prices shall be adjusted in accordance with the published price change. It is the supplier or the Cities responsibility to request a price adjustment yearly in writing. If no request is made, then it will be assumed that the bid price will be in effect. The supplier must submit or make available the manufacturers pricing sheet used to calculate the bid proposal, to participate in the escalation/de-escalation clause. DocuSign Envelope ID: 27C94784-1023-4F3B-B876-1BA331D6686C Contract # 7045 Exhibit C Standard Purchase Terms and Conditions These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other requirements included in the City of Denton’s contract are applicable to contracts/purchase orders issued by the City of Denton hereinafter referred to as the City or Buyer and the Seller or respondent herein after referred to as Contractor or Supplier. Any deviations must be in writing and signed by a representative of the City’s Procurement Department and the Supplier. No Terms and Conditions contained in the seller’s proposal response, invoice or statement shall serve to modify the terms set forth herein. If there is a conflict between the provisions on the face of the contract/purchase order these written provisions will take precedence. The Contractor agrees that the contract shall be governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a solicitatio n to purchase goods, and sections 9, 10, 11, 22 and 32 shall apply only to a solicitation to purchase services to be performed principally at the City’s premises or on public rights-of-way. 1. CONTRACTOR’S OBLIGATIONS. The Contractor shall fully and timely provide all deliverables described in the Solicitation and in the Contractor’s Offer in strict accordance with the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local laws, rules, and regulations. 2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract shall be effective as of the date the contract is signed by the City, and shall continue in effect until all obligations are performed in accordance with the Contract. 3. CONTRACTOR TO PACKAGE DELIVERABLES: The Contractor will package deliverables in accordance with good commercial practice and shall include a packing list showing the description of each item, the quantity and unit price unless otherwise provided in the Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly and permanently marked as follows: (a) The Contractor's name and address, (b) the City’s name, address and purchase order or purchase release number and the price agreement number if applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container bearing the packing list. The Contractor shall bear cost of packaging. Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all the requirements of common carriers and any applicable specification. The City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 4. SHIPMENT UNDER RESERVATION PROHIBITED: The Contractor is not authorized to ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of deliverables. 5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City only when the City actually receives and accepts the deliverables. 6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be DocuSign Envelope ID: 27C94784-1023-4F3B-B876-1BA331D6686C Contract # 7045 shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and Conditions. Unless otherwise stated in the Offer, the Contractor’s price shall be deemed to include all delivery and transportation charges. The City shall have the right to designate what method of transportation shall be used to ship the deliverables. The place of delivery shall be that s et forth the purchase order. 7. RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under law, including, but not limited to the Uniform Commercial Code, to inspect the deliverables at delivery before accepting them, and to reject defective or non-conforming deliverables. If the City has the right to inspect the Contractor’s, or the Contractor’s Subcontractor’s, facilities, or the deliverables at the Contractor’s, or the Contractor’s Subcontractor’s, premises, the Contractor shall furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance to the City to facilitate such inspection. 8. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables must fully comply with all provisions of the Contract as to time of delivery, quality, and quantity. Any non-complying tender shall constitute a breach and the Contractor shall not have the right to substitute a conforming tender; provided, where the time for performance has not yet expired, the Contractor may notify the City of the intention to cure and may then make a conforming tender within the time allotted in the contract. 9. PLACE AND CONDITION OF WORK: The City shall provide the Contractor access to the sites where the Contractor is to perform the services as required in order for the Contractor to perform the services in a timely and efficient manner, in accordance with and subject to the applicable security laws, rules, and regulations. The Contractor acknowledges that it has satisfied itself as to the nature of the City’s service requirements and specifications, the location and essential characteristics of the work sites, the quality and quantity of materials, equipment, labor and facilities necessary to perform the services, and any other condition or state of fact which could in any way affect performance of the Contractor’s obligations under the contract. The Contractor hereby releases and holds the City harmless from and against any liability or claim for damages of any kind or nature if the actual site or service conditions differ from expected conditions. The contractor shall, at all times, exercise reasonable precautions for the safety of their employees, City Staff, participants and others on or near the City’s facilities. 10. WORKFORCE A. The Contractor shall employ only orderly and competent workers, skilled in the performance of the services which they will perform under the Contract. B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while engaged in participating or responding to a solicitation or while in the course and scope of delivering goods or services under a City of Denton contract or on the City's property . i. use or possess a firearm, including a concealed handgun that is licensed under state law, except as required by the terms of the contract; or ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. C. If the City or the City's representative notifies the Contractor that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed DocuSign Envelope ID: 27C94784-1023-4F3B-B876-1BA331D6686C Contract # 7045 any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the Contractor shall immediately remove such worker from Contract services, and may not employ such worker again on Contract services without the City's prior written consent. Immigration: The Contractor represents and warrants that it shall comply with the requirements of the Immigration Reform and Control Act of 1986 and 1990 regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor or services under the Contract and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA) enacted on September 30, 1996. 11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS: The Contractor, it’s Subcontractors, and their respective employees, shall comply fully with all applicable federal, state, and local health, safety, and environmental laws, ordinances, rules and regulations in the performance of the services, including but not limited to those promulgated by the City and by the Occupational Safety and Health Administration (OSHA). In case of conflict, the most stringent safety requirement shall govern. The Contractor shall indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments, fines, penalties and liability of every kind arising from the breach of the Contractor’s obligations under this paragraph. Environmental Protection: The Respondent shall be in compliance with all applicable standards, orders, or regulations issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 et seq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. §1251 et seq.). 12. INVOICES: A. The Contractor shall submit separate invoices in duplicate on each purchase order or purchase release after each delivery. If partial shipments or deliveries are authorized by the City, a separate invoice must be sent for each shipment or delivery made. B. Proper Invoices must include a unique invoice number, the purchase order or delivery order number and the master agreement number if applicable, the Department’s Name, and the name of the point of contact for the Department. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, shall be attached to the invoice. The Contractor’s name, remittance address and, if applicable, the tax identification number on the invoice must exactly match the information in the Vendor’s registration with the City. Unless otherwise instructed in writing, the City may rely on the remittance address specified on the Contractor’s invoice. C. Invoices for labor shall include a copy of all time-sheets with trade labor rate and deliverables order number clearly identified. Invoices shall also include a tabulation of work-hours at the appropriate rates and grouped by work order number. Time billed for labor shall be limited to hours actually worked at the work site. D. Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all Subcontract and other authorized expenses at actual cost without markup. E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced amount. The City will furnish a tax exemption certificate upon request. 13. PAYMENT: A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within thirty (30) calendar days of the City’s receipt of the deliverables or of the invoice being received DocuSign Envelope ID: 27C94784-1023-4F3B-B876-1BA331D6686C Contract # 7045 in Accounts Payable, whichever is later. B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or the maximum lawful rate; except, if payment is not timely made for a reason for which the City may withhold payment hereunder, interest shall not accrue until ten (10) calendar days after the grounds for withholding payment have been resolved. C. If partial shipments or deliveries are authorized by the City, the Contractor will be paid for the partial shipment or delivery, as stated above, provided that the invoice matches the shipment or delivery. D. The City may withhold or set off the entire payment or part of any payment otherwise due the Contractor to such extent as may be necessary on account of: i. delivery of defective or non-conforming deliverables by the Contractor; ii. third party claims, which are not covered by the insurance which the Contractor is required to provide, are filed or reasonable evidence indicating probable filing of such claims; iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment; iv. damage to the property of the City or the City’s agents, employees or contractors, which is not covered by insurance required to be provided by the Contractor; v. reasonable evidence that the Contractor’s obligations will not be completed within the time specified in the Contract, and that the unpaid balance would not be adequate to cover actual or damages for the anticipated delay; vi. failure of the Contractor to submit proper invoices with purchase order number, with all required attachments and supporting documentation; or vii. failure of the Contractor to comply with any material provision of the Contract Documents. E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton for delinquent taxes, the City may offset indebtedness owed the City through payment withholding. F. Payment will be made by check unless the parties mutually agree to payment by credit card or electronic transfer of funds. The Contractor agrees that there shall be no additional charges, surcharges, or penalties to the City for payments made by credit card or electronic funds transfer. G. The awarding or continuation of this contract is dependent upon the availability of funding. The City’s payment obligations are payable only and solely from funds Appropriated and available for this contract. The absence of Appropriated or other lawfully available funds shall render the Contract null and void to the extent funds are not Appropriated or available and any deliverables delivered but unpaid shall be returned to the Contractor. The City shall provide the Contractor written notice of the failure of the City to make an adequate Appropriation for any fiscal year to pay the amounts due under the Contract, or the reduction of any Appropriation to an amount insufficient to permit the City to pay its obligations under the Contract. In the event of none or inadequate appropriation of funds, there will be no penalty nor removal fees charged to the City. 14. TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the Contract shall be paid by the Contractor, unless otherwise stated in the contract terms. During the term of this contract, the contractor shall bill and the City shall reimburse contractor for all reasonable and approved out of pocket expenses which are incurred in the connection with the performance of duties hereunder. Notwithstanding the foregoing, expenses for the time spent by the contractor in traveling to and from City facilities shall not be reimbursed, unless otherwise negotiated. DocuSign Envelope ID: 27C94784-1023-4F3B-B876-1BA331D6686C Contract # 7045 15. FINAL PAYMENT AND CLOSE-OUT: A. If a DBE/MBE/WBE Program Plan is agreed to and the Contractor has identified Subcontractors, the Contractor is required to submit a Contract Close-Out MBE/WBE Compliance Report to the Purchasing Manager no later than the 15th calendar day after completion of all work under the contract. Final payment, retainage, or both may be withheld if the Contractor is not in compliance with the requirements as accepted by the City. B. The making and acceptance of final payment will constitute: i. a waiver of all claims by the City against the Contractor, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Contractor’s continuing obligations under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the City’s right to audit; and ii. a waiver of all claims by the Co ntractor against the City other than those previously asserted in writing and not yet settled. 16. SPECIAL TOOLS & TEST EQUIPMENT: If the price stated on the Offer includes the cost of any special tooling or special test equipment fabricated or required b y the Contractor for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the City and shall be identified by the Contractor as such. 17. RIGHT TO AUDIT: A. The City shall have the right to audit and make copies of the books, records and computations pertaining to the Contract. The Contractor shall retain such books, records, documents and other evidence pertaining to the Contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within ten (10) business days of written request. Further, the Contractor shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to the Contract, and to allow the City similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the City unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the Contractor which must be payable within five (5) business days of receipt of an invoice. B. Failure to comply with the provisions of this section shall be a material breach of the Con tract and shall constitute, in the City’s sole discretion, grounds for termination thereof. Each of the terms “books”, “records”, “documents” and “other evidence”, as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. 18. SUBCONTRACTORS: A. If the Contractor identified Subcontractors in a DBE/MBE/WBE agreed to Plan, the Contractor shall comply with all requirements approved by the City. The Contractor shall not initially employ any Subcontractor except as provided in the Contractor’s Plan. The Contractor shall not substitute any Subcontractor identified in the Plan, unless the substitute has been accepted by the City in writing. No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or remedies of the City with respect to defective deliverables provided by a Subcontractor. If a Plan has been approved, the Contractor is additionally required to submit a monthly Subcontract DocuSign Envelope ID: 27C94784-1023-4F3B-B876-1BA331D6686C Contract # 7045 Awards and Expenditures Report to the Procurement Manager, no later than the tenth calendar day of each month. B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract between the Contractor and Subcontractor. The terms of the subcontract may not conflict with the terms of the Contract, and shall contain provisions that: i. require that all deliverables to be provided by the Subcontractor be provided in strict accordance with the provisions, specifications and terms of the Contract; ii. prohibit the Subcontractor from further subcontracting any portion of the Contract without the prior written consent of the City and the Contractor. The City may require, as a condition to such further subcontracting, that the Subcontractor post a payment bond in form, substance and amount acceptable to the City; iii. require Subcontractors to submit all invoices and applications for payments, including any claims for additional payments, damages or otherwise, to the Contractor in sufficient time to enable the Contractor to include same with its invoice or application for payment to the City in accordance with the terms of the Contract; iv. require that all Subcontractors obtain and maintain, throughout the term of their contract, insurance in the type and amounts specified for the Contractor, with the City being a named insured as its interest shall appear; and v. require that the Subcontractor indemnify and hold the City harmless to the same extent as the Contractor is required to indemnify the City. C. The Contractor shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the Contractor is responsible for the Contractor's own acts and omissions. Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual relationship between the City and any such Subcontractor, nor shall it create any obligation on the part of the City to pay or to see to the payment of any moneys due any such Subcontractor except as may otherwise be required by law. D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the Contractor not later than ten (10) calendar days after receipt of payment from the City. 19. WARRANTY-PRICE: A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's current prices on orders by others for like deliverables under similar terms of purchase. B. The Contractor certifies that the prices in the Offer have been arrived at independently without consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such fees with any other firm or with any competitor. C. In addition to any other remedy available, the City may deduct from any amounts owed to the Contractor, or otherwise recover, any amounts paid for items in excess of the Contractor's current prices on orders by others for like deliverables under similar terms of purchase. 20. WARRANTY – TITLE: The Contractor warrants that it has good and indefeasible title to all deliverables furnished under the Contract, and that the deliverables are free and clear of all liens, claims, security interests and encumbrances. The Contractor shall indemnify and hold the C ity harmless from and against all adverse title claims to the deliverables. 21. WARRANTY – DELIVERABLES: The Contractor warrants and represents that all deliverables sold the City under the Contract shall be free from defects in design, workmanship or manufacture, and conform in all material respects to the specifications, drawings, and descriptions in the Solicitation, to any samples furnished by the Contractor, to the terms, covenants and DocuSign Envelope ID: 27C94784-1023-4F3B-B876-1BA331D6686C Contract # 7045 conditions of the Contract, and to all applicable State, Federal or local laws, rules, and regulations, and industry codes and standards. Unless otherwise stated in the Solicitation, the deliverables shall be new or recycled merchandise, and not used or reconditioned. A. Recycled deliverables shall be clearly identified as such. B. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law; and any attempt to do so shall be without force or effect. C. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the date of acceptance of the deliverables or from the date of acceptance of any replacement deliverables. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand either repair the non-conforming deliverables, or replace the non-conforming deliverables with fully conforming deliverables, at the City’s option and at no additional cost to the City. All costs incidental to such repair or replacement, including but not limited to, any packaging and shipping costs shall be borne exclusively by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach of warranty, but failure to give timely notice shall not impair the City’s rights under this section. D. If the Contractor is unable or unwilling to repair or replace defective or non-conforming deliverables as required by the City, then in addition to any other availab le remedy, the City may reduce the quantity of deliverables it may be required to purchase under the Contract from the Contractor, and purchase conforming deliverables from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such deliverables from another source. E. If the Contractor is not the manufacturer, and the deliverables are covered by a separate manufacturer’s warranty, the Contractor shall transfer and assign such manufacturer’s warranty to the City. If for any reason the manufacturer’s warranty cannot be fully transferred to the City, the Contractor shall assist and cooperate with the City to the fullest extent to enforce such manufacturer’s warranty for the benefit of the City. 22. WARRANTY – SERVICES: The Contractor warrants and represents that all services to be provided the City under the Contract will be fully and timely performed in a good and workmanlike manner in accordance with generally accepted industry standards and practices, the terms, conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules or regulations. A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law, and any attempt to do so shall be without force or effect. B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the Acceptance Date. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand perform the services again in accordance with above standard at no additional cost to the City. All costs incidental to such additional performance shall be borne by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach warranty, but failure to give timely notice shall not impair the City’s rights under this section. C. If the Contractor is unable or unwilling to perform its services in accordance with the above standard as required by the City, then in addition to any other available remedy, the City may reduce the amount of services it may be required to purchase under the Contract fro m the Contractor, and purchase conforming services from other sources. In such event, the Contractor DocuSign Envelope ID: 27C94784-1023-4F3B-B876-1BA331D6686C Contract # 7045 shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such services from another source. 23. ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES: If, instead of requiring immediate correction or removal and replacement of defective or non - conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay all claims, costs, losses and damages attributable to the City’s evaluation of and determination to accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non-conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Contractor. 24. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to question the other party’s intent to perform, demand may be made to the other party for written assurance of the intent to perform. In the event that no assurance is given within the time specified after demand is made, the demanding party may treat this failure as an anticipatory repudiation of the Contract. 25. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event the Contractor is observed performing in a manner that is in violation of Federal, State, or local guidelines, or in a manner that is determined by the City to be unsafe to either life or property. Upon notification, the Contractor will cease all work until notified by the City that the violation or unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by the City as a result of the issuance of such Stop Work Notice. 26. DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails to fully, timely and faithfully perform any of its mat erial obligations under the Contract, (b) fails to provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in Contractor’s Offer, or in any report or deliverable required to be submitted by the Contractor to the City. 27. TERMINATION FOR CAUSE: In the event of a default by the Contractor, the City shall have the right to terminate the Contract for cause, by written notice effective ten (10) calendar days, unless otherwise specified, after the date of such notice, unless the Contractor, within such ten (10) day period, cures such default, or provides evidence sufficient to prove to the City’s reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy available under law or in equity, the City shall be entitled to recover all actual damages, costs, losses and expenses, incurred by the City as a result of the Contractor’s default, including, without limitation, cost of cover, reasonable attorneys’ fees, court costs, and prejudgment and post- judgment interest at the maximum lawful rate. Additionally, in the event of a default by the Contractor, the City may remove the Contractor from the City’s vendor list for three (3) years and any Offer submitted by the Contractor may be disqualified for up to three (3) years. All rights and remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by law. 28. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the Contract, in whole or in part, without cause any time upon thirty (30) calendar days’ prior written notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further work pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The City shall pay the Contractor, to the extent of funds Appropriated or otherwise legally available DocuSign Envelope ID: 27C94784-1023-4F3B-B876-1BA331D6686C Contract # 7045 for such purposes, for all goods delivered and services performed and obligations incurred prior to the date of termination in accordance with the terms hereof. 29. FRAUD: Fraudulent statements by the Contractor on any Offer or in any report or deliverable required to be submitted by the Contractor to the City shall be grounds for the termination of the Contract for cause by the City and may result in legal action. 30. DELAYS: A. The City may delay scheduled delivery or other due dates by written notice to the Contractor if the City deems it is in its best interest. If such delay causes an increase in the cost of the work under the Contract, the City and the Contractor shall negotiate an equitable adjustment for costs incurred by the Contractor in the Contract price and execute an amendment to the Contract. The Contractor must assert its right to an adjustment within thirty (30) calendar days from the date of receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall excuse the Contractor from delaying the delivery as notified. B. Neither party shall be liable for any default or delay in the performance of its obligations under this Contract if, while and to the extent such default or delay is caused by acts of God, fire, riots, civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond the reasonable control of such Party. In the event of default or delay in contract performance due to any of the foregoing causes, then the time for completion of the services will be extended; provided, however, in such an event, a conference will be held within three (3) business days to establish a mutually agreeable period of time reasonably necessary to overcome the effect of such failure to perform. 31. INDEMNITY: A. Definitions: i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action, judgments and liability of every character, type or description, including al l reasonable costs and expenses of litigation, mediation or other alternate dispute resolution mechanism, including attorney and other professional fees for: (1) damage to or loss of the property of any person (including, but not limited to the City, the Contractor, their respective agents, officers, employees and subcontractors; the officers, agents, and employees of such subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or wages to any person (including but not limited to the agents, officers and employees of the City, the Contractor, the Contractor’s subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non- conforming deliverables, negligence, willful misconduct or a breach of any legally imposed strict liability standard. B. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CITY), INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO, CONCERNING OR RESULTING FROM THE FAULT OF THE CONTRACTOR, OR THE CONTRACTOR'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THE CONTRACTOR’S OBLIGATIONS UNDER THE CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF DocuSign Envelope ID: 27C94784-1023-4F3B-B876-1BA331D6686C Contract # 7045 THE CITY OR THE CONTRACTOR (INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE LIABLE FOR AN INDEMNIFIED CLAIM. 32. INSURANCE: The following insurance requirements are applicable, in addition to the specific insurance requirements detailed in Appendix A for services only. The successful firm shall procure and maintain insurance of the types and in the minimum amounts acceptable to the City of Denton. The insurance shall be written by a company licensed to do business in the State of Texas and satisfactory to the City of Denton. A. General Requirements: i. The Contractor shall at a minimum carry insurance in the types and amounts indicated and agreed to, as submitted to the City and approved by the City within the procurement process, for the duration of the Contract, including extension options and hold over periods, and during any warranty period. ii. The Contractor shall provide Certificates of Insurance with the coverage’s and endorsements required to the City as verification of coverage prior to contract execution and within fourteen (14) calendar days after written request from the City. Failure to provide the required Certificate of Insurance may subject the Offer to disqualification from consideration for award. The Contractor must also forward a Certificate of Insurance to the City whenever a previously identified policy period has expired, or an extension option or hold over period is exercised, as verification of continuing coverage. iii. The Contractor shall not commence work until the required insurance is obtained and until such insurance has been reviewed by the City. Approval of insurance by the City shall not relieve or decrease the liability of the Contractor hereunder and shall not be construed to be a limitation of liability on the part of the Contractor. iv. The Contractor must submit certificates of insurance to the City for all subcontractors prior to the subcontractors commencing work on the project. v. The Contractor’s and all subcontractors’ insurance coverage shall be written by companies licensed to do business in the State of Texas at the time the policies are issued and shall be written by companies with A.M. Best ratings of A- VII or better. The City will accept workers’ compensation coverage written by the Texas Workers’ Compensation Insurance Fund. vi. All endorsements naming the City as additional insured, waivers, and notices of cancellation endorsements as well as the Certificate of Insurance shall contain the solicitation number and the following information: City of Denton Materials Management Department 901B Texas Street Denton, Texas 76209 vii. The “other” insurance clause shall not apply to the City where the City is an additional insured shown on any policy. It is intended that policies required in the Contract, covering both the City and the Contractor, shall be considered primary coverage as applicable. viii. If insurance policies are not written for amounts agreed to with the City, the Contractor shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage. ix. The City shall be entitled, upon request, at an agreed upon location, and without expense, to review certified copies of policies and endorsements thereto and may make any DocuSign Envelope ID: 27C94784-1023-4F3B-B876-1BA331D6686C Contract # 7045 reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies. x. The City reserves the right to review the insurance requirements set forth du ring the effective period of the Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as the Contractor. xi. The Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as required in the Contract. xii. The Contractor shall be responsible for premiums, deductibles and self-insured retentions, if any, stated in policies. All deductibles or self-insured retentions shall be disclosed on the Certificate of Insurance. xiii. The Contractor shall endeavor to provide the City thirty (30) calendar days’ written notice of erosion of the aggregate limits below occurrence limits for all applicable coverage’s indicated within the Contract. xiv. The insurance coverage’s specified in within the solicitation and requirements are required minimums and are not intended to limit the responsibility or liability of the Contractor. B. Specific Coverage Requirements: Specific insurance requirements are contained in the solicitation instrument. 33. CLAIMS: If any claim, demand, suit, or other action is asserted against the Contractor which arises under or concerns the Contract, or which could have a material adverse effect on the Contractor’s ability to perform thereunder, the Contractor shall give written notice thereof to the City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the City shall state the date of notification of any such claim, demand, suit, or other action; the names and addresses of the claimant(s); the basis thereof; and the name of each person against whom such claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City Hall, 215 East McKinney Street, Denton, Texas 76201. 34. NOTICES: Unless otherwise specified, all notices, requests, or other communications required or appropriate to be given under the Contract shall be in writing and shall be deemed delivered three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail, telefax, or other commercially accepted means. Notices to the Contractor shall be sent to the address specified in the Contractor’s Offer, or at such other address as a party may notify the other in writing. Notices to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked to the attention of the Purchasing Manager. 35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material submitted by the Contractor to the City shall become property of the City upon receipt. Any portions of such material claimed by the Contractor to be proprietary must be clearly marked as such. Determination of the public nature of the material is subject to the Texas Public Information Act, Chapter 552, and Texas Government Code. DocuSign Envelope ID: 27C94784-1023-4F3B-B876-1BA331D6686C Contract # 7045 36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title to the deliverables and (ii) the deliverables supplied by the Contractor in accordance with the specifications in the Contract will not infringe, directly or contributorily, any patent, trademark, copyright, trade secret, or any other intellectual property right of any kind of any third party; that no claims have been made by any person or entity with respect to the ownership or operation of the deliverables and the Contractor does not know of any valid basis for any such claims. The Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless from and against all liability, damages, and costs (including court costs and reasonable fees of attorneys and other professionals) arising out of or resulting from: (i) any claim that the City’s exercise anywhere in the world of the rights associated with the City’s’ ownership, and if applicable, license rights, and its use of the deliverables infringes the intellectual property rights of any third party; or (ii) the Contractor’s breach of any of Contractor’s representations or warranties stated in this Contract. In the event of any such claim, the City shall have the right to monitor such claim or at its option engage its own separate counsel to act as co -counsel on the City’s behalf. Further, Contractor agrees that the City’s specifications regarding the deliverables shall in no way diminish Contractor’s warranties or obligations under this paragraph and the City makes no warranty that the production, development, or delivery of such deliverables will not impact such warranties of Contractor. 37. CONFIDENTIALITY: In order to provide the deliverables to the City, Contractor may require access to certain of the City’s and/or its licensors’ confidential information (including inventions, employee information, trade secrets, confidential know-how, confidential business information, and other information which the City or its licensors consider confidential) (collectively, “Confidential Information”). Contractor acknowledges and agrees that the Confidential Information is the valuable property of the City and/or its licensors and any unauthorized use, disclosure, dissemination, or other release of the Confidential Information will substantially injure the City and/or its licensors. The Contractor (including its employees, subcontractors, agents, or representatives) agrees that it will maintain the Confidential Information in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise use the Confidential Information without the prior written consent of the City or in a manner not expressly permitted under this Agreement, unless the Confidential Information is required to be disclosed by law or an order of any court or other governmental authority with proper jurisdiction, provided the Contractor promptly notifies the City before disclosing such information so as to permit the City reasonable time to seek an appropriate protective order. The Contractor agrees to use protective measures no less stringent than the Contractor uses within its own business to protect its own most valuable information, which protective measures shall under all circumstances be at least reasonable measures to ensure the continued confidentiality of the Confidential Information. 38. OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and interests throughout the world in and to the deliverables. A. Patents. As to any patentable subject matter contained in the deliverables, the Contractor agrees to disclose such patentable subject matter to the City. Further, if requested by the City, the Contractor agrees to assign and, if necessary, cause each of its employees to assign the entire right, title, and interest to specific inventions under such patentable subject matter to the City and to execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute, acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by DocuSign Envelope ID: 27C94784-1023-4F3B-B876-1BA331D6686C Contract # 7045 the City, to the City upon request by the City. B. Copyrights. As to any deliverables containing copyrightable subject matter, the Contractor agrees that upon their creation, such deliverables shall be considered as work made-for-hire by the Contractor for the City and the City shall own all copyrights in and to such deliverables, provided however, that nothing in this Paragraph 38 shall negate the City’s sole or joint ownership of any such deliverables arising by virtue of the City’s sole or joint authorship of such deliverables. Should by operation of law, such deliverables not be considered works made-for-hire, the Contractor hereby assigns to the City (and agrees to cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver an assignment to the City of) all worldwide right, title, and interest in and to such deliverables. With respect to such work made- for-hire, the Contractor agrees to execute, acknowledge, and deliver and cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver a work- made-for-hire agreement, in a form to be reasonably approved by the City, to the City upon delivery of such deliverables to the City or at such other time as the City may request. C. Additional Assignments. The Contractor further agrees to, and if applicable, cause each of its employees to, execute, acknowledge, and deliver all applications, specifications, oaths, assignments, and all other instruments which the City might reasonably deem necessary in order to apply for and obtain copyright protection, mask work registration, trademark registration and/or protection, letters patent, or any similar rights in any and all countries and in order to assign and convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and interest in and to the deliverables. The Contractor’s obligations to execute, acknowledge, and deliver (or cause to be executed, acknowledged, and delivered) instruments or papers such as those described in this Paragraph 38 a., b., and c. shall continue after the termination of this Contract with respect to such deliverables. In the event the City should not seek to obtain copyright protection, mask work registration or patent protection for any of the deliverables, but should desire to keep the same secret, the Contractor agrees to treat the same as Confidential Information under the terms of Paragraph 37 above. 39. PUBLICATIONS: All published material and written reports submitted under the Contract must be originally developed material unless otherwise specifically provided in the Contract. When material not originally developed is included in a report in any form, the source shall be identified. 40. ADVERTISING: The Contractor shall not advertise or publish, without the City’s prior consent, the fact that the City has entered into the Contract, except to the extent required by law. 41. NO CONTINGENT FEES: The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure the Contract upon any agreement or understanding for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the City shall have the right, in addition to any other remedy available, to cancel the Contract without liability and to deduct from any amounts owed to the Contractor, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 42. GRATUITIES: The City may, by written notice to the Contractor, cancel the Contract without liability if it is determined by the City that gratuities were offered or given by the Contractor or DocuSign Envelope ID: 27C94784-1023-4F3B-B876-1BA331D6686C Contract # 7045 any agent or representative of the Contractor to any officer or employee of the City of Denton with a view toward securing the Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to the performing of such contract. In the event the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the Contractor in providing such gratuities. 43. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer, employee, independent consultant, or elected official of the City who is involved in the development, evaluation, or decision-making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation. Any willful violation of this section shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the Contractor shall render the Contract voidable by the City. The Contractor shall complete and submit the City’s Conflict of Interest Questionnaire. 44. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an employer/employee relationship, a partnership, or a joint venture. The Contractor’s services shall be those of an independent contractor. The Contractor agrees and understands that the Contract does not grant any rights or privileges established for employees of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker’s compensation, or any other City employee benefit. The City shall not have supervision and control of the Contractor or any employee of the Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. The contractor is expressly free to advertise and perform services for other parties while performing services for the City. 45. ASSIGNMENT-DELEGATION: The Contract shall be binding upon and ensure to the benefit of the City and the Contractor and their respective successors and assigns, provided however, that no right or interest in the Contract shall be assigned and no obligation shall be delegated by the Contractor without the prior written consent of the City. Any attempted assignment or delegation by the Contractor shall be void unless made in conformity with this paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity not a party hereto; it being the intention of the parties that there are no third party beneficiaries to the Contract. The Vendor shall notify the City’s Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of the company or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director’s resolution approving the action, or an executed merger or acquisition agreement. Failure to do so may adversely impact future invoice payments. 46. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is DocuSign Envelope ID: 27C94784-1023-4F3B-B876-1BA331D6686C Contract # 7045 supported by consideration and is in writing signed by the aggrieved party. No waiver by either the Contractor or the City of any one or more events of default by the other party shall operate as, or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an express or implied acceptance of any other existing or future default or defaults, whether of a similar or different character. 47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by both parties. No pre-printed or similar terms on any the Contractor invoice, order or other document shall have any force or effect to change the terms, covenants, and conditions of the Contract. 48. INTERPRETATION: The Contract is intended by the parties as a final, complete and exclusive statement of the terms of their agreement. No course of prior dealing between the parties or course of performance or usage of the trade shall be relevant to supplement or explain any term used in the Contract. Although the Contract may have been substantially drafted by one party, it is the intent of the parties that all provisions be construed in a manner to be fair to both parties, reading no provisions more strictly against one party or the other. Whenever a term defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC definition shall control, unless otherwise defined in the Contract. 49. DISPUTE RESOLUTION: A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party may make a written request for a meeting between representatives of each party within fourteen (14) calendar days after receipt of the request or such later period as agreed by the parties. Each party shall include, at a minimum, one (1) senior level individual with decision-making authority regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to mediation as described below. Negotiation may be waived by a written agreement signed by both parties, in which event the parties may proceed directly to mediation as described below. B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation skills to assist with resolution of the dispute. Should they choose this option; the City and the Contractor agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in the Contract prevents the parties from relying on the skills of a person who is trained in the subject matter of the dispute or a contract interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of initiation of the mediation process, the mediator shall be selected by the Denton County Alternative Dispute Resolution Program (DCAP). The parties agree to participate in mediation in good faith for up to thirty (30) calendar days from the date of the first mediation session. The City and the Contractor will share the mediator’s fees equally and the parties will bear their own costs of participation such as fees for any consultants or attorneys they may utilize to represent them or otherwise assist them in the mediation. 50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted DocuSign Envelope ID: 27C94784-1023-4F3B-B876-1BA331D6686C Contract # 7045 in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. All issues arising from this Contract shall be resolved in the courts of Denton County, Texas and the parties agree to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be construed or interpreted to limit or restrict the right or ability of the City to seek and secure injunctive relief from any competent authority as contemplated herein. 51. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the Contract shall in no way affect the validity or enforceability of any other portion or provision of the Contract. Any void provision shall be deemed severed from the Contract and the balance of the Contract shall be construed and enforced as if the Contract did not contain the particular portion or provision held to be void. The parties further agree to reform the Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Contract from being void should a provision which is the essence of the Contract be determined to be void. 52. HOLIDAYS: The following holidays are observed by the City: New Year’s Day (observed) MLK Day Memorial Day 4th of July Labor Day Thanksgiving Day Day After Thanksgiving Christmas Eve (observed) Christmas Day (observed) New Year’s Day (observed) If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any scheduled deliveries or work performance not within the normal hours of operation must be approved by the City Manager of Denton, Texas or his authorized designee. 53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose continuing obligations on the parties, including but not limited to the warranty, indemnity, and confidentiality obligations of the parties, shall survive the expiration or termination of the Contract. 54. NON-SUSPENSION OR DEBARMENT CERTIFICATION: The City of Denton is prohibited from contracting with or making prime or sub -awards to parties that are suspended or debarred or whose principals are suspended or debarred from Federal, State, or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its firm and its principals are not currently suspended or debarred from doing business with the Federal Government, as indicated by the General Services Administration List of Parties Excluded from Federal Procurement and Non-Procurement Programs, the State of Texas, or the City of Denton. 55. EQUAL OPPORTUNITY A. Equal Employment Opportunity: No Offeror, or Offeror’s agent, shall engage in any DocuSign Envelope ID: 27C94784-1023-4F3B-B876-1BA331D6686C Contract # 7045 discriminatory employment practice. No person shall, on the grounds of race, sex, sexual orientation, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected to discrimination under any activities resulting from this RFQ. B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror’s agent, shall engage in any discriminatory employment practice against individuals with disabilities as defined in the ADA. 56. BUY AMERICAN ACT-SUPPLIES (Applicable to certain federally funded requirements) The following federally funded requirements are applicable. A. Definitions. As used in this paragraph – i. "Component" means an article, material, or supply incorporated directly into an end product. ii. "Cost of components" means - (1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product. iii. "Domestic end product" means- (1) An unmanufactured end product mined or produced in the United States; or (2) An end product manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the ag ency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic. iv. "End product" means those articles, materials, and supplies to be acquired under the contract for public use. v. "Foreign end product" means an end product other than a domestic end product. vi. "United States" means the 50 States, the District of Columbia, and outlying areas. B. The Buy American Act (41 U.S.C. 10a - 10d) provides a preference for domestic end products for supplies acquired for use in the United States. C. The City does not maintain a list of foreign articles that will be treated as domestic for this Contract; but will consider for approval foreign articles as domestic for this product if the articles are on a list approved by another Governmental Agency. The Offeror shall submit documentation with their Offer demonstrating that the article is on an approved Governmental list. D. The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the Solicitation entitled "Buy American Act Certificate". 57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all information presented in any response to this contract, whether amended or not, except as prohibited by law. Selection of rejection of the submittal does not affect this right. 58. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded contractor or supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the respondent. DocuSign Envelope ID: 27C94784-1023-4F3B-B876-1BA331D6686C Contract # 7045 59. PREVAILING WAGE RATES: The contractor shall comply with prevailing wage rates as defined by the United States Department of Labor Davis-Bacon Wage Determination at http://www.dol.gov/whd/contracts/dbra.htm and at the Wage Determinations website www.wdol.gov for Denton County, Texas (WD-2509). 60. COMPLIANCE WITH ALL STATE, FEDERAL, AND L OCAL LAWS: The contractor or supplier shall comply with all State, Federal, and Local laws and requirements. The Respondent must comply with all applicable laws at all times, including, without limitation, the following: (i) §36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas Penal Code, which prohibits the offering or conferring of benefits to public servants. The Respondent shall give all notices and comply with all laws and regulations applicable to furnishing and performance of the Contract. 61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Respondent shall demonstrate on- site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with issuance of Form W-2's to common law employees. Respondent is responsible for both federal and State unemployment insurance coverage and standard Workers’ Compensation insurance coverage. Respondent shall ensure compliance with all federal and State tax laws and withholding requirements. The City of Denton shall not be liable to Respondent or its employees for any Unemployment or Workers' Compensation coverage, or federal or State withholding requirements. Contractor shall indemnify the City of Denton and shall pay all costs, penalties, or losses resulting from Respondent's omission or breach of this Section. 62. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions of the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701 ET SEQ.) and maintain a drug-free work environment; and the final rule, government-wide requirements for drug-free work place (grants), issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the Drug-Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be issued. 63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The Respondent shall be liable for all damages to government-owned, leased, or occupied property and equipment caused by the Respondent and its employees, agents, subcontractors, and suppliers, including any delivery or cartage company, in connection with any performance pursuant to the Contract. The Respondent shall notify the City of Denton Procurement Manager in writing of any such damage within one (1) calendar day. 64. FORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be responsible for performance under the Contract should it be prevented from performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of the City of Denton. In the event of an occurrence under this Section, the Respondent will be excused from any further performance or observance of the requirements so affected for as long as such circumstances prevail and the Respondent continues to use commercially reasonable efforts to recommence performance or observance whenever and to whatever extent possible without delay. The Respondent shall immediately notify the City of DocuSign Envelope ID: 27C94784-1023-4F3B-B876-1BA331D6686C Contract # 7045 Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar days of the inception of such occurrence) and describe at a reasonable level of detail the circumstances causing the non-performance or delay in performance. 65. NON-WAIVER OF RIGHTS: Failure of a Party to require performance by another Party under the Contract will not affect the right of such Party to require performance in the future. No delay, failure, or waiver of either Party’s exercise or partial exercise of any right or remedy under the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right or remedy. A waiver by a Party of any breach of any term of the Contract will not be construed as a waiver of any continuing or succeeding breach. 66. NO WAIVER OF SOVEREIGN IMMUNITY: The Parties expressly agree that no provision of the Contract is in any way intended to constitute a waiver by the City of Denton of any immunities from suit or from liability that the City of Denton may have by operation of law. 67. RECORDS RETENTION: The Respondent shall retain all financial records, supporting documents, statistical records, and any other records or books relating to the performances called for in the Contract. The Respondent shall retain all such records for a period of four (4) years after the expiration of the Contract, or until the CPA or State Auditor's Office is satisfied that all audit and litigation matters are resolved, whichever period is longer. The Respondent shall grant access to all books, records and documents pertinent to the Contract to the CPA, the State Auditor of Texas, and any federal governmental entity that has authority to review records due to federal funds being spent under the Contract. Should a conflict arise between any of the contract documents, it shall be resolved with the following order of precedence (if applicable). In any event, the final negotiated contract shall take precedence over any and all contract documents to the extent of such conflict. 1. Final negotiated contract 2. RFP/Bid documents 3. City’s standard terms and conditions 4. Purchase order 5. Supplier terms and conditions DocuSign Envelope ID: 27C94784-1023-4F3B-B876-1BA331D6686C Contract # 7045 Exhibit D INSURANCE REQUIREMENTS AND WORKERS’ COMPENSATION REQUIREMENTS Upon contract execution, all insurance requirements shall become contractual obligations, which the successful contractor shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Contractor shall file with the Purchasing Department satisfactory certificates of insurance including any applicable addendum or endorsements, containing the contract number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted:  Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A or better.  Any deductibles or self-insured retentions shall be declared in the proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.  Liability policies shall be endorsed to provide the following:  Name as Additional Insured the City of Denton, its Officials, Agents, Employees and volunteers.  That such insurance is primary to any other insurance available to the Additional Insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability.  Provide a Waiver of Subrogation in favor of the City of Denton, its officials, agents, employees, and volunteers.  Cancellation: City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. DocuSign Envelope ID: 27C94784-1023-4F3B-B876-1BA331D6686C Contract # 7045  Should any of the required insurance be provided under a claims made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered.  Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance.  Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:  Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage.  Coverage B shall include personal injury.  Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least:  Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures.  Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. DocuSign Envelope ID: 27C94784-1023-4F3B-B876-1BA331D6686C Contract # 7045 [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for:  any auto, or  all owned hired and non-owned autos. [X] Workers’ Compensation Insurance Contractor shall purchase and maintain Workers’ Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers’ Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an “occurrence" basis and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least $500,000.00 combined bodily injury and property damage per occurrence with a $1,000,000.00 aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than $1,000,000.00 per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. DocuSign Envelope ID: 27C94784-1023-4F3B-B876-1BA331D6686C Contract # 7045 [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Environmental Liability Insurance Environmental liability insurance for $1,000,000 to cover all hazards contemplated by this contract. [ ] Riggers Insurance The Contractor shall provide coverage for Rigger’s Liability. Said coverage may be provided by a Rigger’s Liability endorsement on the existing CGL coverage; through and Installation Floater covering rigging contractors; or through ISO form IH 00 91 12 11, Rigger’s Liability Coverage form. Said coverage shall mirror the limits provided by the CGL coverage [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a “blanket” basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than $ each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. DocuSign Envelope ID: 27C94784-1023-4F3B-B876-1BA331D6686C Contract # 7045 ATTACHMENT 1 [X] Workers’ Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project . "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/b everage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmenta l entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. a certificate of coverage, prior to that person beginning work on the DocuSign Envelope ID: 27C94784-1023-4F3B-B876-1BA331D6686C Contract # 7045 project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2. no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2. provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. obtain from each other person with whom it contracts, and provide to the contractor: a. a certificate of coverage, prior to the other person beginning work on the project; and DocuSign Envelope ID: 27C94784-1023-4F3B-B876-1BA331D6686C Contract # 7045 b. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the c urrent certificate of coverage ends during the duration of the project; 5. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6. notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. Contractually require each person with whom it contracts, to perf orm as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor’s failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. DocuSign Envelope ID: 27C94784-1023-4F3B-B876-1BA331D6686C Contract # 7045 Exhibit E Certificate of Interested Parties Electronic Filing In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that the City may not enter into this contract unless the Contractor submits a disclosure of interested parties (Form 1295) to the City at the time t he Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. Contractor will be required to furnish a Certificate of Interest Parties before the contract is awarded, in accordance with Government Code 2252.908. The contractor shall: 1. Log onto the State Ethics Commission Website at : https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm 2. Register utilizing the tutorial provided by the State 3. Print a copy of the completed Form 1295 4. Enter the Certificate Number on page 2 of this contract. 5. Complete and sign the Form 1295 6. Email the form to purchasing@cityofdenton.com with the contract number in the subject line. (EX: Contract 1234 – Form 1295) The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission’s website within seven business days. DocuSign Envelope ID: 27C94784-1023-4F3B-B876-1BA331D6686C Respondent's Company Name:All N One Principal Place of Business (City and State):Humble, TX Proposal Pricing (FOB DESTINATION): Item # Est. Annual Qty UOM Product Description Hourly Rate Estimated Annual Total 1a 8,000 HR General Laborer I 12.87 102,960 1b 2,000 HR General Laborer II 13.86 27,720 1c 1,000 HR General Laborer III 14.85 14,850 Estimated Annual Total 145,530 DocuSign Envelope ID: 27C94784-1023-4F3B-B876-1BA331D6686C Exhibit F Exhibit CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relat ionship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Sec tion 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this s ection is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information in this section is being disclosed. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local gov ernment officer serves as an officer or director, or holds an ownership of one percent or more? Yes No D. Describe each employment or business and family relationship with the local government officer named in this section. 4 I have no Conflict of Interest to disclose. 5 Signature of vendor doing business with the governmental entity Date DocuSign Envelope ID: 27C94784-1023-4F3B-B876-1BA331D6686C ALL-N-ONE SERVICES, LLC G X 9/25/2019 X NONE NONE X X Certificate Of Completion Envelope Id: 27C9478410234F3BB8761BA331D6686C Status: Sent Subject: Please DocuSign: City Council Contract 7045 - Temporary Labor Services Source Envelope: Document Pages: 33 Signatures: 4 Envelope Originator: Certificate Pages: 6 Initials: 1 Suzzen Stroman AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 suzzen.stroman@cityofdenton.com IP Address: 129.120.6.150 Record Tracking Status: Original 9/25/2019 3:36:15 PM Holder: Suzzen Stroman suzzen.stroman@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Suzzen Stroman suzzen.stroman@cityofdenton.com Buyer City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 129.120.6.150 Sent: 9/25/2019 4:01:19 PM Viewed: 9/25/2019 4:07:38 PM Signed: 9/25/2019 4:08:17 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 129.120.6.150 Sent: 9/25/2019 4:08:19 PM Viewed: 9/25/2019 4:25:52 PM Signed: 9/25/2019 4:26:11 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Mack Reinwand mack.reinwand@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 129.120.6.150 Sent: 9/25/2019 4:26:13 PM Viewed: 9/25/2019 4:27:53 PM Signed: 9/25/2019 4:28:32 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Esther Ann Guliex annguliex@all-n1.com President/CEO Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 73.32.119.142 Sent: 9/25/2019 4:28:34 PM Viewed: 9/25/2019 5:42:56 PM Signed: 9/25/2019 5:50:50 PM Electronic Record and Signature Disclosure: Accepted: 9/25/2019 5:42:56 PM ID: fca7ca0f-4498-4157-9f50-25db34b1afb3 Signer Events Signature Timestamp Cassandra Ogden Cassandra.Ogden@cityofdenton.com Director of Procurement and Compliance City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 129.120.6.150 Sent: 9/25/2019 5:50:53 PM Viewed: 9/26/2019 10:14:47 AM Signed: 9/26/2019 10:15:46 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Sent: 9/26/2019 10:15:49 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Todd Hileman Todd.Hileman@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/25/2017 11:02:14 AM ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21 Rosa Rios rosa.rios@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Sent: 9/25/2019 4:08:19 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Sherri Thurman sherri.thurman@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Sent: 9/25/2019 4:08:19 PM Electronic Record and Signature Disclosure: Carbon Copy Events Status Timestamp Not Offered via DocuSign Jane Richardson jane.richardson@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 9/26/2019 10:15:50 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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By checking the 'I Agree' box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and • Until or unless I notify City of Denton as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Denton during the course of my relationship with you. City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 19-2466,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,authorizing the City Manager,or his designee,to execute a contract with Holt CAT through the Sourcewell Cooperative Purchasing Network Contract Number 032119-CAT,for the purchase of one (1)D-9 Dozer for the Solid Waste Landfill Department;authorizing the expenditure of funds therefor;and declaring an effective date (File 7182 - awarded to Holt CAT,in the not-to-exceed amount of $1,057,079.89).The Public Utilities Board recommends approval (5 - 1). City of Denton Printed on 10/18/2019Page 1 of 1 powered by Legistar™ City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance CFO: Antonio Puente, Jr. DATE: October 22, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or his designee, to execute a contract with Holt CAT through the Sourcewell Cooperative Purchasing Network Contract Number 032119-CAT, for the purchase of one (1) D-9 Dozer for the Solid Waste Landfill Department; authorizing the expenditure of funds therefor; and declaring an effective date (File 7182 – awarded to Holt CAT, in the not-to-exceed amount of $1,057,079.89). The Public Utilitiy Board recommends approval (5 – 1). INFORMATION /BACKGROUND This request is for the purchase of one (1) D-9T-T4 Caterpillar Dozer with a waste handling arrangement for the Solid Waste Landfill Department. The proposed dozer weighs 110,471 pounds and will be used to push trash on the working face to the compactor. This dozer is a fleet addition and will be used in place of the current 2015 model Komatsu that is undersized for the intended application. As a result, the Komatsu has incurred excessive maintenance and downtime. This unit will be repurposed when the new dozer is delivered. Cooperative contract and non-contract pricing were obtained. The Sourcewell Cooperative Purchasing Network Contract 032515 from Holt Caterpillar was the lowest priced quote. The quote includes a Premier 5 year / 10,000 hour total machine warranty. CAT is the only manufacturer of a dozer in this weight category available with the required waste handling package. Pricing obtained through Sourcewell (formerly National Joint Powers Alliance) Cooperative Purchasing Network has been competitively bid and meets the statutory requirements of Texas Local Government Code 271.102. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On October 14, 2019, the Public Utilities Board (PUB) recommended this item to the City Council for consideration. On April 7, 2015, Council approved the interlocal agreement with the National Joint Powers Alliance (Ordinance 2015-076). City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com RECOMMENDATION Award a contract with Caterpillar Inc. dba Holt CAT, for the purchase of one (1) D-9 Dozer for the Solid Waste Landfill Department, in a not-to-exceed amount of $1,057,079.89. PRINCIPAL PLACE OF BUSINESS Holt CAT Irving, TX ESTIMATED SCHEDULE OF PROJECT Delivery of the item will occur within 180-210 days after receipt of order. FISCAL INFORMATION This item will be funded from a Solid Waste Department account 660246595. The budgeted amount for this item is $1,057,079.89. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Quote Exhibit 3: Ordinance Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Terry Kader, 940-349-8729. Legal point of contact: Mack Reinwand at 940-349-8333. Page 1 DATE: May 27, 2019 QUOTE #:233419-01 CITY OF DENTON FLEET SERVICES BRAD HOLLAND 804 TEXAS ST DENTON, TEXAS 76209-4330 Patrick Dunn 817.996.6348 One (1) New Caterpillar Inc Model: D9T-T4 Track Type Tractors with all standard equipment in addition to the additional specifications listed below: Sourcewell Contract 032119 SUB TOTAL $1,057,079.89 TOTAL PURCHASE PRICE $1,057,079.89 WARRANTY Standard Warranty: 12 Month/Unlimited Hours Total Machine Extended Warranty: D9-60 MO/10000 HR PREMIER CSA 2 year or 3000 hour NOTES DATE: May 27, 2019QUOTE #:Quote 233419-01 MACHINE SPECIFICATIONS Page 2 DESCRIPTION REF.# D9T-T4 WASTE C.SIMON 363-4395 LANE 2 - AVAILABLE FROM EAST PEORIA FACTORY LANE 3 - AVAILABLE FROM EAST PEORIA FACTORY Includes necessary attachments for sale into the US. BLADE, 9SU LANDFILL 491-8136 WASTE HANDLING ARRANGEMENT 382-7685 CYLINDER GROUP, STANDARD 419-6993 FINAL DRIVES, WASTE HANDLING 380-7125 EXHAUST, WRAPPED 540-0984 GUARD, FUEL TANK 388-5026 UNDERCARRIAGE, WASTE HANDLING 363-4393 VISIBILITY AR, SINGLE CAMERA 363-4412 LIGHTS, TWELVE 425-1514 OPERATORS AR, QUICK OPENING 382-7699 TRUNNIONS, STANDARD DOZER 106-7364 GUARDS, BOTTOM, SEALED 380-1404 FUEL LINES, COOLER 382-7715 LIGHT, WARNING, STROBE 390-0351 GUARD, DAMPER 489-8199 PRECLEANER, POWERED 374-9585 WINDOW SHADES 349-3004 PACK, TRUCK, DOMESTIC 0P-4283 ENGINE COOLANT, STD (-37C) 382-5934 DEF TANK, STANDARD 504-3120 MOUNTING GP, LIGHTS 390-0355 HEATER, ENGINE COOLANT, 120V 390-0354 FACTORY SOUND TEST 0G-6039 MACHINE CONTROL, BASIC 382-7686 VIMS & CELL PROD LINK, PLE641 482-9659 TRACK, 610MM ES 379-4045 BATTERY GROUP, STANDARD 429-0618 GLASS, SINGLE PANE 375-7166 SEAT, AIR SUSPENSION 380-1151 FILM, AFTERTREATMENT, ENGLISH 382-7710 LANE 3 ORDER 0P-9003 HYDRAULICS, SINGLE TILT 387-0435 9SU/U DOZER, SINGLE TILT GUARD 423-9871 WINCH, PA140VS VARIABLE SPEED 382-7696 Koetter Fire suppression system Koetter Page 3 STANDARD EQUIPMENT POWERTRAIN Aftercooler, air-to-air High speed oil change system, Air filter, with precleaner engine and powertrain Aluminum bar plate cooling system Muffler C18 with ACERT Technology Parking brake, electronic 24-volt electric start Parking brake, electronic Controlled throttle shifting Prescreener Coolant, extended life Separator, water/fuel Directional shift management Three planet, double-reduction planetary Engine idle shutdown timer final drives Ether starting aid, automatic Torque converter Fast fuel system Transmission, electronic control (ECPC), Fuel priming pump, electric (3F/3R speeds) UNDERCARRIAGE Rollers and idlers, lifetime lubricated (Carrier roller ready) Sprocket rim segments, replaceable Track adjuster, hydraulic Suspension-type undercarriage Track guides 8-roller tubular track roller frame Two-piece master link ELECTRICAL Alternator, 150-amp Horn, forward warning Back-up alarm Light, engine compartment Batteries (2), 12-volt, 200 amp-hour Lighting system, Halogen (Eight) Converter, 12-volt, 10-amp and 20 amp Starting receptacle Diagnostic connector OPERATOR ENVIRONMENT Air conditioner, ROPS mounted controlled for bulldozer and Armrest, adjustable ripper control Cab, FOPS Information Display Deactivation switch, hydraulic controls Mirror, rearview Decelerator pedal MP3/IPOD ready Differential Steer, Power Turn Radio ready, entertainment Governor switch, electronic ROPS, rollbar Heater Wipers, intermittent low and high speeds Hydraulic system, electronically SAFETY AND SECURITY Fender guard rails Seatbelt warning system Operator not present detection Slope and side-slope monitor Seatbelt, retractable, 3'' (76mm) Steps, heavy-duty and handles OTHER STANDARD EQUIPMENT Page 4 Auto-blade assist ready (for dual tilt) Ground level service center CD ROM parts book Mounting, Lift Cylinders Ecology drains Product link ready Engine enclosure Ripper hydraulics Equalizer Bar Pins, Greased VIMS 3G Fluid sampling ports Vandalism protection Grade control ready Work positioning points Page 5 City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 19-2521,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,authorizing the City Manager,or his designee,to execute a contract with Siddons-Martin Emergency Group,LLC,through the Houston-Galveston Area Council of Governments (H-GAC)Cooperative Purchasing Program Contract Number FS12-17,for the acquisition of one (1)Oshkosh 3000 Striker 6X6,Aircraft Rescue and Fire Fighting (ARFF)vehicle for the Fire Department;and providing an effective date (File 7194 -awarded to Siddons- Martin Emergency Group, LLC in the not-to-exceed amount of $754,922). City of Denton Printed on 10/18/2019Page 1 of 1 powered by Legistar™ City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance CFO: Antonio Puente, Jr. DATE: October 22, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or his designee, to execute a contract with Siddons-Martin Emergency Group, LLC, through the Houston-Galveston Area Council of Governments (H-GAC) Cooperative Purchasing Program Contract Number FS12-17, for the acquisition of one (1) Oshkosh 3000 Striker 6X6, Aircraft Rescue and Fire Fighting (ARFF) vehicle for the Fire Dep artment; and providing an effective date (File 7194 – awarded to Siddons-Martin Emergency Group, LLC in the not-to-exceed amount of $754,922). INFORMATION /BACKGROUND The acquisition of a new Oshkosh 3000 Striker 6X6 ARFF is the result of the coordinated efforts of Fleet Services and the Denton Fire Department to ensure vehicles and equipment are acquired and replaced in a timely manner. This ensures the safe and efficient response capability of the Denton Fire Department. Oshkosh is the parent company of Pierce and manufactures all airport firefighting apparatus under the Oshkosh name. The City of Denton Fire Department has standardized the purchase of apparatus to Pierce manufacturing to create efficiencies with service, training, maintenance and parts supplies. Siddons-Martin Emergency Group, LLC, a local vendor and the only authorized Pierce dealer in the state of Texas, submitted an HGAC contract quote for one (1) Oshkosh 3000 Striker 6X6 ARFF to include the associated equipment. The primary function of this vehicle is to provide an optimum level of ARFF suppression capability throughout the critical rescue and firefighting access area at the Denton Enterprise Airport. The new Striker ARFF will enter service as a fleet replacement. The current ARFF is a 1988 model Emergency One vehicle that was donated to the Fire Department in 2011 by the Jet Works Air Center for use at the Denton Enterprise Airport to meet Federal Aviation Administration (FAA) Part 139 service requirements. The manufacturer anticipates delivery to occur within 12 months of order date. By submitting full prepayment of $754,922 for the Oshkosh 3000 Striker vehicle and associated equipment, the City of Denton will receive a prepay discount of $27,099. Pricing obtained through the H-GAC Cooperative Purchasing Network has been competitively bid and meets the statutory requirements of Texas Local Government Code 271.102. City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On June 6, 1995, Council approved the interlocal agreement with the H -GAC Cooperative Purchasing Network (Ordinance 1995-107). RECOMMENDATION Award a contract with Siddons-Martin Emergency Group, LLC, for the purchase of one (1) Oshkosh 3000 Striker 6X6 ARFF for the Fire Department, in a not-to-exceed amount of $754,922. PRINCIPAL PLACE OF BUSINESS Siddons-Martin Emergency Group, LLC Denton, TX ESTIMATED SCHEDULE OF PROJECT Delivery of this item will occur within 365 days after receipt of order. FISCAL INFORMATION This item will be funded from Pierce Fire Engine account 810383408.1355.30100. The budgeted amount for this item is $754,922. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Quote Exhibit 3: LLC Members Exhibit 4: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Terry Kader, 940-349-8729. Legal point of contact: Mack Reinwand at 940-349-8333. Siddons Martin Emergency Group, LLC 3500 Shelby Lane Denton, Texas 76207 GDN P115891 TXDOT MVD No. A115890 EIN 27-4333590 Proposal for Oshkosh 3000 Page 1 of 2 June 5, 2019 October 7, 2019 Battalion Chief David Boots DENTON FIRE DEPARTMENT 332 E HICKORY ST DENTON, TX 76201 Proposal for Oshkosh 3000 Siddons-Martin Emergency Group, LLC is pleased to provide the following proposal to DENTON FIRE DEPARTMENT . Unit will comply with all specifications attached and made a part of this proposal. Total price includes delivery to DENTON FIRE DEPARTMENT and training on operation and use of the apparatus. Description Amount 1) Oshkosh Striker 6x6 Unit price - $780,021.00 Price guaranteed for 60 days. Delivery within 11-12 months of order date. A warranty term of 12 months is included. Vehicle Price $780,021.00 Payment of full balance due within 15 days of PO Full Prepay Discount ($27,099.00) Sub Total $752,922.00 Contract Amount $2,000.00 Final Sales Price $754,922.00 Additional. Pricing includes one final inspection trip for 1 FD personnel to Oshkosh for final acceptance. All delivery and in-service training is included. Taxes. Tax is not included in this proposal. In the event that the purchasing organization is not exempt from sales tax or any other applicable taxes and/or the proposed apparatus does not qualify for exempt status, it is the duty of the purchasing organization to pay any and all taxes due. Balance of sale price is due upon acceptance of the apparatus at the factory. Late Fee. A late fee of .033% of the sale price will be charged per day for overdue payments beginning ten (10) days after the payment is due for the first 30 days. The late fee increases to .044% per day until the payment is received. In the event a prepayment is received after the due date, the discount will be reduced by the same percentages above increasing the cost of the apparatus. Cancellation. In the event this proposal is accepted, and a purchase order is issued then cancelled or terminated by Customer before completion, Siddons-Martin Emergency Group may charge a cancellation fee. The following charge schedule based on costs incurred may be applied: (A) 10% of the Purchase Price after order is accepted and entered by Manufacturer; (B) 20% of the Purchase Price after completion of the approval drawings; (C) 30% of the Purchase Price upon any material requisition by Manufacturer. The cancellation fee will increase accordingly as costs are incurred as the order progresses through engineering and into manufacturing. Siddons -Martin Emergency Group endeavors to mitigate any such costs through the sale of such product to another purchaser; however, the customer shall remain liable for the difference between Proposal for Oshkosh 3000 Page 2 of 2 June 5, 2019 the purchase price and, if applicable, the sale price obtained by Siddons -Martin Emergency Group upon sale of the product to another purchaser, plus any costs incurred by Siddons-Martin Emergency Group to conduct such sale. Acceptance. In an effort to ensure the above stated terms and conditions are understood and adhered to, Siddons-Martin Emergency Group, LLC requires an authorized individual from the purchasing organization sign and date this proposal and include it with any purchase order. Upon signing of this proposal, the terms and conditions stated herein will be considered binding and accepted by the Customer. The terms and acceptance of this proposal will be governed by the laws of the state of TX. No additional terms or conditions will be binding upon Siddons-Martin Emergency Group, LLC unless agreed to in writing and signed by a duly authorized officer of Siddons-Martin Emergency Group, LLC Sincerely, Travis Ownby Siddons-Martin Emergency Group, LLC I, , the authorized representative of DENTON FIRE DEPARTMENT, agree to all of the terms of this proposal and the specifications attached hereto and this proposal will be binding upon DENTON FIRE DEPARTMENT. Signature & Date 1 TECHNICAL SPECIFICATION DENTON ENTERPRISE AIRPORT DENTON, TEXAS OSHKOSH STRIKER, MODEL 6X6 AIRCRAFT RESCUE AND FIRE FIGHTING VEHICLE WITH AGENT CAPACITIES OF 3,000 GALLONS (11,356 L) OF WATER 420 GALLONS (1,589 L) OF AFFF CONCENTRATE 500 POUND (227 K) DRY CHEMICAL SYSTEM Revised June 18, 2019 (Added text for foam and water tank level lights 6/18/019) 2 GENERAL CHARACTERISTICS Definitions: This document is intended to outline the technical specification requirements for an airport rescue firefighting (ARFF) vehicle in accordance with Federal Aviation Administration Advisory Circular (AC) 150/5110-10E and the National Fire Protection Association (NFPA) 414, 2017 edition. This specification is for one new Class 5 (3,000- gallon, 11,356 L) ARFF vehicle. Expected Use: This specification covers an all-wheel drive, diesel powered ARFF vehicle having a mechanical foam/water system designed for extinguishing flammable and combustible liquid fuel fires. The specified dry chemical complimentary agent system is an acceptable, optional addition to the basic vehicle as dictated by local operational needs. The primary function of the vehicle described in this specification is to provide an optimum level of ARFF suppression capability throughout the critical rescue and firefighting access area. Vehicles complying with this specification meet the ARFF vehicle requirements of FAR Part 139. Scope: This specification covers an Aircraft Fire Fighting Rescue 6x6 vehicle with a maximum capacity of 3,000 gallons (11,356 L) of water, 420 gallons (1,589 L) of AFFF (Aqueous Film Forming Foam), 500 pound (227 kg.) dry chemical system, a water pump, a high- volume roof turret and a fixed rate, fixed place bumper turret. Water/foam handlines with variable pattern nozzles shall also be provided as specified. • High Volume Roof Turret: A high-volume roof turret shall be provided that shall have water and foam discharge and entrained dry chemical powder direct injection capabilities (Akrochem, Hydro-Chem or equivalent). • Bumper Turret: A high-volume low attack bumper turret shall be provided that shall have water and foam discharge and entrained dry chemical powder direct injection capabilities (Akrochem, Hydro-Chem or equivalent). • Handline: One water/foam pre-connected handline shall be provided in a crosslay configuration. The soft jacketed handline shall be designed for automatic energizing by a rotary valve located at the cross lay area. • Dual Agent Hose Reel: One electric rewinding hose reel shall be provided in a lower left side compartment and shall have water, foam and entrained dry chemical powder direct injection capabilities (Hydro-Chem or equivalent). • Secondary Agent: A secondary dry chemical agent system is also required as later defined in this document. General: Record of Past Performance: To demonstrate a record of past performance, the contractor may submit upon request list of users that have purchased similar ARFF vehicles from their company in the past five years of all types. 3 Technical Resources: To evaluate the contractor's technical resources, the following representative sample manuals shall be available upon request: • Operator's Manual • Service Manual • Parts Manual • Service and parts website with information for specific vehicles “as built” NOTE: A collection of subcontractor or supplier parts or service manuals is not acceptable for functional component installations that are an integral part of the vehicle. It is also preferred that all manuals and component parts be illustrated in electronic format for ease of identification and supply. Warranty: The contractor shall provide a One-year warranty as a minimum. • Base vehicle – One year • Engine – Five years • Transmission – Five years • Suspension system – One year • Water Pump – Five years • Water/Foam Tank – One year The warranty statement shall include the following: • Manufacturer's obligations • Duration of warranty period • Warranty procedure • Disclaimers Safety Features: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following: • A warning siren with speaker shall be provided, Whelen model 295 SL. The siren shall produce a minimum sound of 95 dB (A) at 100 feet (30 m) directly in front of the vehicle and 90 dB (A) at 100 feet (30 m) and 45 degrees left and right of front center. • Two (2) air horns shall be provided, mounted in a protected area below the level of the front bumper and activated by control button on the steering wheel. • A “vehicle backing” alarm audible up to 25 feet (7.6 m) behind the vehicle shall be provided. • An illuminated inclinometer with Stability Dynamics LG Alert device shall be provided on the instrument panel. • The cab roof shall include a hatch with hinged cover, a weather-tight seal and easy opening hardware to allow access from the inside of the cab to the top of the cab roof. The dimensions should be at least 32.5 inches (82.5 cm) wide and 4 34.5 inches (87.6 cm) tall. Maintainability: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following: The vehicle design shall be such that: • Maintenance shall be achieved with general-purpose mechanic tools and equipment. • Air tank drains shall be located below the compartment openings on the left side of the vehicle. • The engine enclosure shall be designed to access to the engines, cooling, and electrical systems via two (2) roller shutter doors, one left and one right side at the rear sides of the vehicle. Component Protection: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following: • All oil, hydraulic, air, water, foam concentrate, and electrical system conduits, tubing, and hoses shall be located in protected positions. • Damage to the radiator, charge air and hydraulic oil coolers that could occur from brush, stones or other foreign objects shall be minimized by mounting these components in protected locations. • All air reservoirs shall also be mounted within the chassis frame to minimize the potential of damage by foreign objects. • A mud flap shall be provided at each wheel well position to reduce the damage from stones, brush, etc. being thrown off by the tires. Painting: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following: • All aluminum components shall be pre-treated prior to paint using an aluminum conversion coating process. • All parts of the vehicle shall be cleaned, treated and primed prior to assembly and final painting with acrylic urethane to include wheels. • The interior of all compartments and cab shall be painted with a grey/white splatter finish. • Lettering and logos shall be provided in accordance with customer requirements • The vehicle shall be painted “safety lime yellow” and lettered in accordance with the marking and lighting standards of Advisory Circular No. 150/5510-5D. The wheel rims shall be painted “safety lime yellow”. The chassis shall be painted black. Actual details for lettering will be determined prior to vehicle completion. Insulation, Air Conditioning and Heating: 5 Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following: • Acoustic and Thermal insulation shall be fire and water resistant. • A 41,300 BTU/hr air conditioning (HFC 134A refrigerant) system, integral with the vehicle heater defroster unit shall be provided with compressor driven from the vehicle engine. • An 85,500 BTU/hr heating system shall be provided. Materials: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following: Dissimilar metals that may cause galvanic corrosion shall not be in contact. Protective coatings that chip, crack, or scale with age or extremes of climatic conditions or on exposure to heat shall not be used. The use of proven, non-metallic materials in lieu of metal is permitted to reduce weight, lower cost or lessen maintenance. Winterization: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following; The winterization system shall be of the hot liquid recirculating type. The liquid shall be heated by an Espar diesel fuel fired heater located at the upper rear pf the vehicle. Forced air heat exchangers shall be located on each side of the vehicle in lower compartments with adequately sized air ducts. Balances and Clearances: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following: The weight shall be distributed as equally as practical over the axles and tires. The difference in tire load between tires on any axle shall not exceed 5 percent of the average tire load for that axle. The difference in load between axles shall not exceed 10 percent of the load on the heaviest axle. • Approach & Departure Angles: 30 degrees • Inter-axle Clearance Angle: 12 degrees • Underbody Clearance: 22 inches (558 mm) • Under-axle Clearance at Differential Housing Bowl: 16.5 inches (419 mm) • Wall-to-Wall Turning Diameter: 107.4 feet (32.7 m) with solid axle high mobility rear suspension. Dimensions Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following; • Length: 475 inches (1,206 cm) not including any bumper nozzle overhang • Width: 120 inches (304 cm) not including mirrors 6 • Height: 150 inches (381 cm) Load Rating: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following: • The functional load rating of the frame shall equal or exceed the actual gross vehicle weight (GVW) • Front Axle Rating: 31,000 lbs. (14,061 kg) • Rear Tandem Axle Rating: 62,000 lbs. (28,122 kg) • GVWR: 93,000 lbs. (42,184 kg) BODY COMPONENTS Compartments: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following: • The compartments shall be weather-resistant, vented, drained to allow collected water to run out under the vehicle and equipped with roller shutter type doors. • Each compartment shall be provided with weather proof LED “rope” lighting that are switched to automatically light when compartment doors are open with vehicle master switch “On”. • Each compartment shall be equipped with an indicator light in the cab and audible signal to advise when the door is open. • All compartment floors and shelves shall include extruded rubber matting. • One (1) compact, roll-out, tip-down shelf shall be placed in each upper compartment. • One (1) compact fixed, height-adjustable shelf RH lower front compartment. • One (1) large fixed, height-adjustable shelf RH lower rear compartment Handrails: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following: Extruded aluminum slip resistant handrails or a guardrail shall be provided at all steps, walkways, and elevated workstations. Running Boards, Steps, Walkways and Towing Devices: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following: • Running boards, step surfaces, ladder rungs, walkways, and catwalks shall be antiskid. • The height between steps shall be less than 20 inches (500 mm). The lower steps shall be less than 24 inches (600 mm) from the ground. If the lower most step extends below the approach or departure angle it must be designed to 7 swing clear. • A ladder with grab rails shall be provided on the rear of the vehicle providing access to the top. • Two (2) towing hooks / eyes with shackles shall be attached directly to the frame rails at the front and rear of the vehicle. • Scuff plates shall be installed on bottom lip of all compartments and in heavy use areas of cab door frames. • License plate brackets with LED lighting shall be provided at the front and rear of the vehicle. CAB AND ACCESSORIES Crew Space: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following: All crew space shall be restricted to the interior of a fully enclosed 275 cubic foot (7.8 cubic meters) cab with approved 3-point integral restraints as minimum seat belts. The cab can accommodate seating for up to 4 (four) fire fighters. The chassis cab shall be designed for a center driver position. The cab shall be fabricated of aluminum components and shall have aluminum and fiberglass exterior panels. The cab shall have a minimum internal volume of 275 cubic feet. The cab shall have these features; • Center driver position • Right center control console • Dash console in front of driver position • Integrated electronic control and diagnostic systems • Grab handles at each door for safe three point entry and exit • Interior coating shall be a durable spackle finish, primary color gray, dash painted black semigloss. • Sun visors located above the windshield • Roof hatch with two latches, gas strut assist The cab shall have a rubber floor mat covering the interior floor. The floor mat shall have a padding to provide cushioning effect and dampen noise. Portions of the cab shall be covered with a vinyl material to dampen noise. Cab Features; • 3-point mounted, constructed of welded aluminum extrusions and plates to provide the best strength to weight ratio and prevent cab collapse in the event of a vehicle rollover. • Shall have design to prevent foam and water from dripping on the windshield and side windows during turret operations. 8 • Shall have an independent windshield deluge system with an electric pump. • Shall have a single door located on each side that opens at least to a 90-degree angle with electrically operated door windows. Each door shall open a minimum of 90º and be provided with one canvas strap. • Shall have a single-piece laminated or tempered and tinted safety glass windshield. • Shall have minimum of 84 sq. ft. (7.8 sq. m) of glass area. • Have a center steering position with a lateral field of vision of at least 280 degrees (140 degrees left and right of center), with 90 degrees upward and 25 degrees downward visibility and ground visibility to the driver at a point as least 15 feet (4.5 m) and beyond from the vehicle. • Shall be equipped with a center console to house the turret controls and siren and mounted to allow the driver or turret operator access to the controls from either side. • The center console shall be designed to accommodate radio installation. • Shall be weather-tight, acoustically and thermally insulated to provide noise level not to exceed 85 dB (A) at the driver’s ear position. • Four (4) seats shall be provided, each with an integral, red 3-point seat belt. • The driver’s seat shall be vinyl. The seat shall be capable of 3-way adjustment with air ride suspension. Height, forward/aft and seatback angle shall be adjustable. This seat does not require an integral SCBA holder. An SCBA bracket shall be placed right side behind the drivers’ seat. • The turret operator’s seat to the right of the driver shall be air ride, vinyl SCBA type with SCBA holder. Height, forward/aft shall be adjustable. • Two (2) fixed seats shall be mounted to the near left of the driver and shall have vinyl material, SCBA type. • Provisions shall be provided for storing two (2) spare SCBA bottles on each side of the vehicle, four (4) in total. These shall be stored under the cab floor and immediately accessible when the cab doors are opened. • Shall have (2) 8" (203 mm) x 17" (431 mm) combination flat and convex mirrors, one located on each side of the cab. The mirrors shall be electrically heated and shall be electrically adjustable. The horizontal rotational viewing range shall be no less than 60 degrees. Electrical switches for the mirror adjustment and heating feature shall be provided within easy reach of the driver. • All dash mounted switches shall be weatherproof illuminated rocker type switches with the ISO symbol legend for the function of the switch embossed into the illuminated area on the switch. • Shall be equipped with two (2) ceiling mounted map lights. • A rear vision camera shall be provided to aid the driver in safely backing up the vehicle. A switch shall be provided to allow the driver to manually activate the back-up camera from within the cab. The back-up camera shall also be switched "on" automatically whenever the vehicle is in the reverse mode of operation. 9 Controls: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following; All instruments, warning lights and controls relative to truck operation shall be displayed to the left of the driver so that they shall be useful, convenient, and visible to the driver. All instruments, warning lights and controls relative to the firefighting system shall be displayed to the right of the driver so that they shall be useful, convenient, and visible to both the driver and the officer (turret operator). Agent activation to be clearly identified with color coded switches providing the operator immediate identification of the agents. Blue will identify water, Yellow will identify water/foam, and Purple will identify dry chemical. The following cab mounted controls shall be provided as a minimum: • Accelerator Pedal • Air Conditioner Controls • Brake Pedal • Bumper Turret Control Joystick • Color coded blue Water Pump • Color coded Foam System Activation • Color coded purple Dry Chemical Agent / System Activation • Rotary Differential Lock Control • Dome Light Switch Manual / Door Activated • Foam Concentrate Reservoir Control Valve • Headlight Switch w/ Bright / Dimmer Control • Heater / Defroster Controls • Horn Control • Master Electrical Disconnect Switch (located in engine compartment) • Panel Lights Switch with Dimmer • Parking Brake Control • Power Adjustable Mirror Control • Roof Turret Controls Joystick • Rotary Ignition Start/Stop Switch • Siren Switch with Microphone • Switches for Emergency Beacon(s) / Strobe(s) • Switches for Exterior Lights • Switches for Non-Emergency Amber Beacon(s) / Strobe(s) • Tilt / Telescoping Steering Wheel Column • Transmission Range Selector • Windshield deluge • Windshield Wiper and Washer, column mounted Instruments and Warning Lights: 10 Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following; The following instruments and warning lights shall be provided in the cab: • Air Pressure (brake and other air-driven accessories) • Complementary Agent Tank-Charged Indicator • Foam Agent Tank Level Indicator • Water Tank Level Indicator • Water Pump Pressure • Low Air Pressure Warning • Compartment Door Open Indicator • Differential Lock Indicator • Engine Coolant Temperature • Engine Tachometer • Fuel Level • Headlight High Beam Indicator • Speedometer / Odometer • Voltmeter • Low Engine Coolant Audible / Visual Alarm • Low Oil Pressure / High Water Temperature Audible / Visual Alarm • Complementary Agent System Pressure and agent level Indicator • DEF Level Indicator • Compartment door open Drivers Enhanced Vision System (DEVS): Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following: The vehicle shall be equipped with a "Forward Looking Infrared (FLIR) System". The FLIR camera and monitor shall start with the vehicle’s ignition. The FLIR system shall provide vision enhancement in low visibility conditions to include operation during total darkness, fog, severe weather, and firefighting operations during which thick smoke is emitted. It shall also provide the ability to detect hot spots and residual heat in all light conditions, to aid in the directing of firefighting efforts. The FLIR camera system shall be installed on the cab roof turret with the image viewable in the right-side LCD display. Crew Communications: The vehicle shall have the following components installed; • 12-volt power source shall be provided in the cab if needed for radios. • Radios are not included, to be provided by the airport ENGINES, DRIVELINE AND CONTROLS 11 Engine: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following: The vehicle shall be equipped a single engine and shall be a Scania DC16, 16.4 liter displacement, turbo charged, 4-stroke diesel type with 90-degree V8 cylinder configuration. The engine shall be US EPA Tier 4 final emission compliant. The engine shall be rated at 670 BHP (492 kW) with a peak torque of 1950 lb-ft (2644 N-m). The engine shall be equipped with an electronic fuel management system. The US EPA Tier 4 final engine shall be equipped with selective catalyst reduction (SCR) and exhaust gas recirculation (EGR) but shall not have diesel particulate filtration (DPF) to meet emission standards. Other engine required features include; • Extra high-pressure fuel injection system • VGT Turbo charger which does not utilize variable impellor vanes • Centrifugal oil cleaner • Open crankcase ventilation • “Wet” cylinder liners with standing liner design • Individual cylinder heads An engine high idle control shall be provided to maintain the engine idle at approximately 1450 rpm when activated. The control for this system shall be safety interlocked to activate only after the transmission has been placed in the neutral position and the parking brake has been set. Cooling System: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following: The cooling system shall be of the circulating liquid type with a thermostatic control to maintain coolant temperature consistent with the engine manufacturer’s recommendations. The cooling system shall include: • Belt driven sucker type cooling fan installed adjacent to the radiator. • Fan operation shall be automatically controlled by a system which monitors engine coolant, engine oil and intake manifold pressures. • Silicone material coolant and heater hoses • A Hot Start immersion type electrical engine coolant preheating device (minimum 1500 W) shall be provided as an aid to rapid starting and high initial engine performance. • Low coolant level indicator light and buzzer mounted in the cab. • High engine coolant temperature indicator light and buzzer mounted in the cab. • Bar and plate type radiator core with top and bottom tanks and side members 12 bolted to form a rigid frame surrounding the core. The radiator core shall be e- coated to enhance corrosion resistance. Exhaust System: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following: The exhaust system shall be routed through the top of the engine enclosure and shall have an exhaust rain cap. Fuel System: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following: The fuel tank shall have a minimum capacity of 90 gallons (340 L) with bottom drain plug and filler pipe located no higher than 60 inches (152 cm) from ground level. A fuel water separator with auxiliary fuel pump for the engine shall be provided. The auxiliary pump will be manually operated to re-prime the fuel system after replacement of fuel filter(s). The fuel tank shall be fabricated from aluminum. Transmission: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following: The vehicle drive system shall include a single engine, power divider and transmission integrated in this sequence. A remote mounted transmission or power divider design is not acceptable. The transmission shall be Allison Gen 5 Model 4800 EVS, automatic, multi-speed, electronically controlled transmissions, fully compatible and certified for use with the electronically controlled engine. The transmission shall have a minimum of seven (7) forward and one (1) reverse speeds. Axles: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following: • The front and rear axles shall have adequate capacity to carry the fully loaded vehicle under all intended operating conditions. For vehicle handling, stability and off-runway performance, the axles shall have identical track width of 96 inches (244 cm). • Front Axle – 31,000 lb. (14,061 kg) rating, double reduction (axle housing and wheel end), enclosed steering drive ends, bevel gear differential with driver operated differential lock. • Rear Tandem Axle Set – 62,000 lb. (28,123 kg) rating, double reduction (axle housing and wheel end), and bevel gear differential with driver operated differential lock. Suspension: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following: 13 • An off road, solid axle high mobility suspension shall be provided for enhanced ride comfort, cornering and roll stability. The design shall allow the vehicle to travel safely at minimum off-road speeds of 35 mph (56 kph). • Each wheel shall have at least one coil spring. Steering: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following: • A tilt / telescoping steering wheel shall be provided. • The chassis shall be equipped with power assisted front axle steering that shall permit manual steering to bring the fully loaded vehicle to a safe stop in the event of power assist failure. Air and Brake System: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following: The vehicle shall be equipped with dual braking system including tandem front and rear brakes with an overall vehicle tread width of 120" (3,048 mm). The brakes shall be drum type. The brakes shall be equipped with automatic brake adjustors, to be clutch and worm drive type. The system shall feature a dual type brake treadle valve with separate supply and delivery circuits. There shall be an electronic antilock brake system with a sensors and modulators at each wheel controlled by an electronic control unit (ECU). The ECU shall monitor wheel speed during braking and modulate the brakes when excessive wheel slip or lockup is detected. There shall be provision for ABS diagnostics provided. A manual parking brake valve shall be installed in the cab within easy reach of the driver. The air and brake system shall have the following features: • An automatic air drying system (Bendix AD-IS desiccant type) downstream of the compressor. • Air brake chamber for each brake with self-adjusting mechanisms. • Drain on all reservoirs controlled from one common location on the exterior of the vehicle. • Visual and audible low air pressure warning device. • All wheel anti-locking brake system (Bendix 6S-6M or equivalent) to provide safe controllable stops. • The air system shall be supplied with an onboard auxiliary air compressor, electric motor driven, to maintain the vehicle's air system at a working pressure between 80 to 100 psi Chassis Frame: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following: 14 The vehicle frame shall be designed to provide the required strength and torsional rigidity. The chassis frame rail shall be high strength alloy steel with minimum yield strength of 80,000 psi (551,500 kPa) and section modulus of 49.4 in3 (809 cm3). The main frame rails shall be rectangular tube type with minimum dimensions of 12 inches (305 mm) by 4 inches (102 mm) with minimum .47-inch (12 mm) wall thickness. Frames must use bolted-in cross members with class 10.9 metric fasteners. Minimum width to the outside of the main frame rails in an assembled chassis shall be 36 inches (914 mm). The vehicle frame, suspension, and mounting of major components shall provide for diagonally opposite wheel motion up to 14 inches (360 mm) above the ground without raising the remaining wheels from the ground or causing interference. Integrity and longevity of the main frame rails shall not be compromised by any welding of bracketry, suspension parts, or reinforcements. Ride Quality: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following: Suspension to provide superior ride quality for safe operation and improved off road capability over rough roads and adverse terrain at speeds of at least 35 mph (56 KPH) without causing injury to the operating personnel, loss of vehicle control, or damage to the vehicle. Wheel and Tire Assembly: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following: The wheels shall be single disc type with all to be of identical offset, bolt patterns, and size, and must be completely interchangeable for permanent use between front and rear axles. The tires shall be 24R21 XZL steel belted radials. One (1) spare tire and wheel/rim assembly, mounted, shall be provided. The wheel/rim assembly shall be painted to match the other wheel/rim assemblies on the vehicle. The wheels shall be equipped with bead locks. Lubrication: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following: The engines, transmissions and chassis lubricating systems shall be the manufacturer’s current standard. ELECTRICAL SYSTEM Lighting and Marking System: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following: 15 The system shall include the following: • Four (4) LED headlights for upper and lower driving beam • Wig wag feature for head lights to supplement the emergency lighting • One (1) LED light mounted on the roof turret and one (1) LED light mounted on the bumper turret • Turn signals, front and rear, with self-canceling control; a visual as well as audible indicator; and four-way flasher switch • Reflectors, markers, and clearance lights meeting all applicable FMVSS • Non-glare type engine compartment LED lights to illuminate both sides of the engine and with switches(s) located in the engine compartment • Non-glare type compartment LED lights to illuminate the inside of all storage, maintenance access, engine and piping compartments • LED ground lighting shall be provided • Emergency Lighting; o Four (4) total red LED emergency lights shall be installed on the vehicle’s roof. Two (2) red LED lights shall be mounted on the vehicle top front center body section and two (2) red LED lights at the rear as required to be visible from the sides, front, and rear of the vehicle. o Ten (10) red rectangular emergency lights shall be provided. Two (2) shall be on the front, two (2) at the rear and three (3) on each side. • Non-Emergency Lighting - Two (2) amber LED lights shall be mounted on top of the vehicle • Six (6) 24-volt DC LED work lights shall be provided, two (2) each side and two (2) above he windshield. o Switches shall be provided in the cab for each set of lights. Additional switches shall be provided on the exterior of the vehicle for the side mounted light sets. Power Supplies: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following: The electrical system shall have the following: • Four (4) Group 31, 12 A 24-volt electrical system shall be provided. • Volt Maintenance Free Batteries with 950 CCA @ 0 degree F (each) • On board battery charger with provisions for shore power (see below) • A remote voltmeter shall be installed adjacent to the batteries to read the battery charge. • A switch shall be mounted in the engine compartment that shall prevent the vehicle from being started from the cab during routine maintenance. • Lockable total vehicle master disconnect switch rated for full vehicle current • There shall be two (2) Kussmaul Super Auto eject shore power receptacles located at the left side of the cab of the vehicle. One shall provide 110 VAC power for the engine pre-heater, the second shall provide 110 VAC power to the 16 battery charger and auxiliary air compressor. Starter: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following: A Scania 24 Volt 6.5 KW or equivalent electric starting system shall be provided. Wiring: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following: All wiring shall be number coded to match a number coded electrical schematic. Standard quick disconnect plugs shall be provided throughout for ease of maintenance in removing components in the event of system damage. Wires shall be insulated in accordance with SAE standards. AUTOMOTIVE PERFORMANCE Acceleration: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following: The vehicle shall be capable of 0-50 mph (0-80 km/hr) acceleration time of 35 seconds depending on configured options. Brake System: Per the NFPA Standard 414 (2017 Edition) as amended by -10E. Dynamic and Static Stability: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C. plus the following The vehicle shall meet the following stability requirements: • Side Slope Stability (Tilt Table Meeting SAE J2180): 30 degrees (58 percent grade) • Dynamic Balance (Min. Speed on 100-ft. (30m) Radius Circle): 22 mph (35 kph) Environmental Conditions: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C. Grade Ability: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C. Top Speed: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following: The vehicle shall be capable of a top speed of 78 mph (125 km/hr) depending on the 17 configured options. Off-Road High Mobility Suspensions: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following: An off-road, solid axle high mobility shall be provided. FIRE EXTINGUISHING SYSTEMS DRY CHEMICAL SYSTEM: Agent Container and Components: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following: A 500 pound (227 kg) dry chemical system (Ansul or equivalent) shall be provided capable of holding a potassium-based dry chemical fire-extinguishing agent. The container shall be constructed and stamped in accordance with ASME Code for Unfired Pressure Vessels. A purple color coded quick acting agent system activation control shall be accessible to the seated driver and at least one other crew position. A control shall be located near the dual agent handline. Cab mounted pressure gauges shall be installed that, when the system is activated, shall allow the vehicle operator to determine the propellant reservoir status as well as the system operating pressure. There shall be provisions for purging agent from all piping and hose after use without discharging the remaining chemical. One (1) dry chemical fill funnel shall be supplied. The on-board nitrogen tank shall be stored vertically in a removable cradle. An electric winch shall be provided for bottle movement with a pendant controller. One (1) spare nitrogen cylinder shall be provided. Each nitrogen bottle shall be equipped with an integral pressure gauge on each bottle so crew members can easily determine the state of charge when the bottle(s) are in storage. 550 pounds of PKP dry chemical shall be provided. Agent Delivery Piping and Valves: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following: The installed discharge piping shall be tested at a pressure equal to 150 percent of the system working pressure. Propellant, Propellant Containers and Components: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following: The propellant gas shall be nitrogen. All propellant gas cylinders and valves shall comply with United States Department of Transportation (DOT) requirements. 18 Dry Chemical Handline: The handline for dry chemical shall be a side mounted fixed style hose reel equipped with 100 ft. of one-inch dual agent twinned type booster hose. This handline shall be provided and mounted in the lower left front center body compartment. The hose reel shall be equipped with a 24 VDC electric rewind motor with provision for manually rewinding and a tension device to prevent the unwanted unreeling of the hose. The nozzle shall be a Williams Hydro-Chem brand capable of discharging 60 gpm foam/water and 5 lbs. per second of dry chemical in accordance with the performance requirements of the A/C. Controls at the handline shall allow charging of the nitrogen into the dry chemical tanks, and charging of the dry chemical into the handline. WATER AND FOAM SYSTEMS: Foam Concentrate System: Concentrate Proportioning shall be provided per the NFPA 414 (2017 Edition) Standard for Aircraft Rescue Firefighting Vehicles, as adopted by Federal Aviation Administration (FAA) Advisory Circular 150/5220-10E plus the following: • The vehicle shall be equipped with a ratio foam proportioning system capable of metering AFFF foam at 3% ratio within +/- 0.1% at any pressure, discharge rate or temperature variation. Foam Concentrate Reservoir and Piping: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following: • The foam liquid concentrate tank shall have a minimum usable capacity of 420 gallons (1,589 Liters) and be constructed of UV stabilized polypropylene. • The foam reservoir shall be part of the integral water and foam tank system and shall be mounted on a subframe to limit the transfer of the torsional strains from the vehicle’s chassis to the reservoir. • The reservoir shall be separate and distinct from the crew compartment, engine compartment, and chassis. It shall be removable as a unit, without cutting, destroying structural members, vehicle catwalks, decking or skin. • Provisions shall be made for access for internal and external inspection and service as may be recommended or required by the vehicle or tank manufacturer. Reservoirs, large enough to require baffles, shall be provided with access to each baffled compartment. • The reservoir shall be fitted with a sump, complete with anti-swirl baffles, and a 1-1/2 inch minimum diameter drain with a valve and an accessible control. The drain shall be fitted with 1-1/2-inch NSFHT connection with a chrome cap and chain. • The reservoir outlet shall be located above the bottom of the sump and shall permit a continuous flow of foam concentrate to the proportioning system with the system designed to support all discharge requirements. • The reservoir shall be vented to permit the required fill rate without exceeding the design working pressure and to permit emptying at the maximum design flow rate 19 without danger of collapse. The vent outlet shall be directed so as to prevent spillage of foam concentrate on vehicle components. • The fill system shall be capable of delivering foam concentrate to the reservoir at a rate at least equal to the maximum use rate of the foam proportioning system. • One (1) 1-1/2 inch NSFHT foam tank fill connection shall be provided on each side of vehicle. The inlets shall be fitted with stainless steel strainers of 1/4 inch mesh. • An audible alarm shall activate in the cab when the foam level in the foam tank drops below 25%. A dash switch shall silence the low level alarm. • A top fill opening shall be provided which shall be equipped with a No. 10 gauge mesh, corrosion resistant stainless steel or equal screen. The fill line from the trough shall introduce foam concentrate into the reservoir so as to minimize foaming. • The foam concentrate piping shall be sized to permit the flow rates needed to meet the agent discharge requirements of all discharges and shall be arranged to prevent water from entering the foam reservoir. • The foam concentrate piping shall be so arranged that the entire system, including any foam concentrate pumps, can be flushed with water from the water tank without contaminating the foam reservoir. • Foam tank level lights shall be provided on both sides of the vehicle. These shall include four LED lights with color yellow/yellow/yellow/red. Water Piping, Couplings, Connections and Valves: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following: • The installed discharge piping shall be tested at a pressure equal to 150 percent of the system working pressure. • A drainage system, with collector tubing from the low points on the pump and piping shall be provided. • The water system piping shall be constructed of stainless steel or corrosion resistant materials. Water Pump and Pump Drive Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following: The vehicle shall be equipped with a water pump. The water pump shall be a single stage design that meets all requirements of ICAO, NFPA 414 as well as FAA Advisory Circular 150/5220/10E. The pump shall have a rated capacity of at least 1950 U.S. gallons per minute at an operating pressure of 225 PSI with suction vacuum at the manifold inlet of 9 IN-Hg. The pump shall have an integrated chain drive ratio box with a ratio of 1:1.06. The pump gearbox shall be driven by a driveline from the truck power divider. The pump and pump transmission shall have the ability to run continuously without overheat issues in ambient temperatures up 110 degrees Fahrenheit. The pump 20 body shall be vertically split on a single plane for easy removal of the entire impellor assembly including the bronze wear rings. The pump shall be constructed of the following materials; • Impeller: mechanically and hydraulically balanced brass UNS C87500 • Pump body: Cast iron • Transmission: aluminum alloy • Transmission seals: nitrile lip seals • Transmission input shaft: heat treated 17-4 stainless steel The pump shall also feature; • Bronze replaceable wear rings • Self-adjusting mechanical seal • 8-inch flanged intake • 5-inch Victaulic discharge • Oil splash lubricated, deep-groove ball bearings located outside the pump casing to carry both radial and axial thrust The pump body and gearbox shall be painted in a durable red primer. The entire pump shall be bench tested at the original manufacturer to include 400 PSI pressure test and capacity test. A test certificate shall be provided with the vehicle. A means shall be provided to automatically prevent the agent pump from overheating while engaged and operating at zero discharge through the installation of an automatic thermal dump line. Water Reservoir and Piping: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following: The water reservoir requirements and features shall include: • A minimum usable capacity of 3,000 gallons (11,356L) • Constructed of UV stabilized polypropylene. • Sufficient longitudinal and transverse baffles shall be included to assure stability. • Removable manhole covers, plates, or removable tops to permit access to the sump. • Fitted with a sump, complete with antiswirl baffles • A top-fill opening diameter of at least 10 inches, a screen with maximum 1/4-inch mesh and a gasketed, latchable cap. Where practical all metal, hinges, covers, and handles shall be of stainless steel. • Be vented to permit filling and overfilling and discharging in accordance with the A/C and 414 without exceeding the design operating pressure or causing the reservoir to collapse. Overflow shall be directed to the ground and away from the fill piping connections and vehicle components. Any restrictions in filling pressures shall be submitted in proposal and if approved, labels shall be installed 21 at each fill station to indicate maximum fill pressure. • If drilling of the water tank is necessary during the production of the vehicle, the tank and associated piping shall be thoroughly cleaned and inspected to insure that scraps from drilling have been completely removed. • The discharge piping shall be sized to allow sufficient water to the pump for the simultaneous operation of all turrets, ground sweeps, Handlines and under truck nozzles, at the applicable discharge rates specified. • The fill piping and connections shall be sized to permit filling in no more than two (2) minutes when the supply source provides sufficient volume at 80 psi (5.5 bar) at the reservoir fill connection. • One (1) 4-inch fill connection shall be provided on the left side of the vehicle. The connection shall be provided with a protective strainer and fitted with a blind cap and chain. • One (1) 2-1/2-inch NSFHT fill connection shall be installed on the left side of the vehicle. The connection shall be provided with a protective strainer and fitted with a cap and chain. • Quarter turn valves shall have a label affixed to the valve or nearby showing the “OPEN” and “CLOSED” position of the valve. • Any standing water in the fill connection manifold shall be drained by bleeder valves. • All connections, discharges, inlets, drains, gauges etc. must be labeled. • All inlets and outlets shall be equipped with screens to protect from foreign objects and to provide cathodic protection. • An audible alarm shall activate in the cab when the water level in the water tank drops below 25%. A dash switch shall silence the low level alarm. • Water tank level lights shall be provided on both sides of the vehicle. These shall include four LED lights with color blue/blue/blue/red. HANDLINES, REELS, AND COMPARTMENTS Handlines: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following: • One (1) pre-connected hand line for the discharge of foam/water shall be provided in a cross-lay configuration at the front of the lower compartment space. The hand line shall have 200 feet of 1-3/4 hose in 50-foot lengths. The hand line shall produce foam or water at a 95 gpm rate at 100 psi. • The cross lay shall be placed within a high sided poly tray accessible from either side of the vehicle. • A toggle switch shall be provided to control the flow to the hand line. • Rotary valve for the automatic charging of the handline shall be placed adjacent to the crosslay area. 22 • Agent override switch shall be provided to allow an operator to manually by-pass the flow switches to trigger the vehicle to go to operating pressures for the hand lines. • One (1) “dual agent” hose reel for the discharge of water and foam and dry chemical shall be provided in the left side lower front compartment. The hose reel shall have 100 feet of 1” twinned type booster hose. The hose reel shall be equipped with rollers to assist the hose as it moves on and off the reel. The reel shall have electric rewind and shall have provisions for manual rewind. A dual agent nozzle shall be provided capable of flow of minimum 60 gallons per minute. TURRETS AND UNDERTRUCK NOZZLES Bumper Turret: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following: The bumper turret shall be a high-volume low attack type with a non-aspirating nozzle mounted at the front of the vehicle. The turret and nozzle assembly shall include the following design features: • The nozzle shall have a variable pattern control and have an automatic flow mechanism to maintain consistent pressure. The nozzle shall maintain a constant flow at either discharge rate whether in the straight stream or fully dispersed (fog) pattern. The nozzle shall be a non-aspirating type with 24-volt powered electric pattern actuation for straight stream or fog pattern selection. The nozzle shall meet or exceed all performance requirements for a primary turret as defined in the AC and NFPA 414. • The nozzle shall be Hydro-Chem non-aspirating direct injection type, capable of water/foam flow discharge rates of either 625 or 1250 GPM with a dry chemical discharge rate of 16 pounds per second. • An electronic joystick control shall be provided with integrated controls for discharge activation, selection of agent type, and discharge rates and patterns from straight stream to fully dispersed (fog pattern). • The turret shall be high-flow, electric motor driven and shall be adequately reinforced to sustain all anticipated loads and reaction forces when the nozzle is discharging. Each axis of travel shall feature double race bearings. The waterway shall be Teflon impregnated and be a hard-anodized aluminum alloy. The electric motors for horizonal and vertical travel shall be sealed, high-torque type and shall utilize sealed planetary gearboxes. There shall be fully proportional speed control. There shall be absolute position sensors. All electronics shall be fully potted. There shall be provisions for manual override in the event of an electrical failure, for both vertical and horizontal axis Roof Turret: 23 The roof turret shall be a multi-position, high volume type with an Akrochem or Hydro- Chem non-aspirating direct injection nozzle, mounted on the front roof of the vehicle. The turret and nozzle assembly shall include the following design features: • The nozzle shall have a variable pattern control and have an automatic flow mechanism to maintain consistent pressure. The nozzle shall maintain a constant flow at either discharge rate whether in the straight stream or fully dispersed (fog) pattern. The nozzle shall be a non-aspirating type with 24-volt powered electric pattern actuation for straight stream or fog pattern selection. The nozzle shall meet or exceed all performance requirements for a primary turret as defined in the AC and NFPA 414. • The nozzle shall be Hydro-Chem non-aspirating direct injection type, capable of water/foam flow discharge rates of either 625 or 1250 GPM with a dry chemical discharge rate of 16 pounds per second. • An electronic joystick control shall be provided with integrated controls for discharge activation, selection of agent type, and discharge rates and patterns from straight stream to fully dispersed (fog pattern). • The turret shall be high-flow, electric motor driven and shall be adequately reinforced to sustain all anticipated loads and reaction forces when the nozzle is discharging. Each axis of travel shall feature double race bearings. The waterway shall be Teflon impregnated and be a hard-anodized aluminum alloy. The electric motors for horizonal and vertical travel shall be sealed, high-torque type and shall utilize sealed planetary gearboxes. There shall be fully proportional speed control. There shall be absolute position sensors. All electronics shall be fully potted. There shall be provisions for manual override in the event of an electrical failure, for both vertical and horizontal axis. Under truck Nozzles: Per the NFPA Standard 414 (2017 Edition) as amended by -10E A/C plus the following A minimum of (4) four under truck nozzles shall be provided, capable of providing a sufficient foam/water combined spray pattern to cover the total under truck area as well as the inner sides of the wheels and tires. On-site Training The dealer, Siddons Martin Emergency Group, after delivery shall provide a factory-trained technician to perform the following: • Post-delivery inspection of the finished vehicle • Prepare vehicle for service • Complete final adjustments to all operating systems • Conduct operator familiarization training for each shift of operators • Conduct basic maintenance familiarization training for the maintenance staff • On-site training duration shall be for minimum four days. • 4 person Sigtronics, intercom headset system for dual radio, customer supply radios ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON,A TEXAS HOME-RULE MUNICIPAL CORPORATION,AUTHORIZING THE CITY MANAGER,OR HIS DESIGNEE,TO EXECUTE A CONTRACT WITH SIDDONS-MARTIN EMERGENCY GROUP,LLC., THROUGH THE HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENTS (H- GAC)COOPERATIVE PURCHASING PROGRAM CONTRACT NUMBER FSI2-17,FOR THE ACQUISITION OF ONE (1)OSHKOSH 3000 STRIKER 6X6,AIRCRAFT RESCUE AND FIRE FIGHTING (ARFF)VEHICLE FOR THE FIRE DEPARTMENT;AND PROVIDING AN EFFECTIVE DATE (FILE 7194 -AWARDED TO SIDDONS-MARTIN EMERGENCY GROUP,LLC.,IN THE NOT-TO-EXCEED AMOUNT OF $754,922). WHEREAS, pursuant to Ordinance 1995-107,the Houston-Galveston Area Council of Governments (H-GAC) Cooperative Purchasing Program has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager, or a designated employee, has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through the Houston-Galveston Area Council of Governments (H-GAC) Cooperative Purchasing Program at less cost than the City would expend if bidding these items individually;and WHEREAS,the City Council has provided in the City Budget for the appropriation of funds to be used for the purchaseof the materials,equipment,supplies,or serviees approvedand accepted herein; NOW,THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1.The items shown in the "File Number"referenced herein and on file in office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for sueh items: FILE NUMBER VENDOR AMOUNT 7194 Siddons-Martin Emergency Group, LLC.$754,922 SECTION2. By the acceptanceand approval of the items set forth in the referencedfile number, the City accepts the offer of the persons submitting the bids to the Houston-Galveston Area Council of Governments (H-GAC) Cooperative Purchasing Program for such items and agrees to purchase the materials,equipment,supplies,or servicesin accordance with the terms, conditions,specifications,standards,quantities and for the specified sums contained in the bid documents and related documents filed with the Houston-Galveston Area Council of Governments (H-GAC) Cooperative Purchasing Program and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the referenced file number wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Houston-GalvestonArea Council of Governments(H- GAC) Cooperative Purchasing Program, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms,conditions,specifications and standards contained in the Proposal submitted to the Houston-Galveston Area Council of Governments (H- GAC)Cooperative Purchasing Program,and related documents herein approved and accepted. SECTION 4.The City Council of the City of Denton,hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under this ordinance to the City Manager of the City of Denton, or his designee. SECTION 5.Bythe acceptance and approval of the itemssetforthin the referenced file number,the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance withthe approval purchase ordersor pursuant to a writtencontractmadepursuant thereto as authorized herein. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. qThe motion to approve this ordinance was made by and seconded by ,the ordinance was passed and approved by the following vote [ - ]: Mayor Chris Watts: Gerard Hudspeth, District I: Keely G. Briggs, District 2: Jesse Davis,District 3: John Ryan,District 4: Deb Armintor,At Large Place 5: Paul Meltzer,At Large Place 6: Aye Nay Abstain Absent PASSED AND APPROVED thisthe dayof ,2019. CHRIS WATTS,MAYOR ATTEST: ROSA RIGS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: AARON LEAL,CITY ATTORNEY BY:^ City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 19-2534,Version:1 AGENDA CAPTION Consider approval of a resolution of the City of Denton allowing the Campus Theatre Concessions,LLC to sell alcoholic beverages at the Denton’s Day of the Dead Festival,on Saturday,October 26,2019,from 11:00 a.m. to 11:00 p.m.,at the Williams Square,upon satisfying certain conditions;authorizing the City Manager,or his designee, to execute an agreement in conformity with this resolution; and providing for an effective date. City of Denton Printed on 10/18/2019Page 1 of 1 powered by Legistar™ City of Denton ______________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Parks and Recreation ACM: Sara Hensley, Assistant City Manager DATE: October 22, 2019 SUBJECT Consider approval of a resolution of the City of Denton allowing the Campus Theatre Concessions, LLC to sell alcoholic beverages at the Denton’s Day of the Dead Festival, on Saturday, October 26, 2019, from 11:00 a.m. to 11:00 p.m., at the Williams Square, upon satisfying certain conditions; authorizing the City Manager, or his designee, to execute an agreement in conformity with this resolution; and providing for an effective date. BACKGROUND Denton’s Day of the Dead Festival is organized by Denton Day of the Dead Festival Inc. The festival is a free multicultural family-friendly event that serves to celebrate and honor the hallmarks of autumn in the American Southwest including the harvest, Halloween and Dia de los Muertos. This event will feature a Twilight Lantern Parade, coffin races, a pumpkin patch, Cirque du Horror, food vendors, and more. Event organizers anticipate 7,500 in attendance. The Campus Theatre Concessions, LLC is requesting permission to sell alcoholic beverages at Williams Square for the Denton’s Day of the Dead Festival. The Campus Theatre Concessions, LLC will be responsible for obtaining the temporary license and permit required to sell alcoholic beverages at Williams Square and will provide Liquor (Dramshop) Liability Insurance in the amount of $1,000,000 per occurrence. The Denton Day of the Dead Festival Inc. will be responsible for providing police security at the event and will provide Comprehensive General Liability Insurance in the amount of $1,000,000 per occurrence. Both respective parties have signed an Agreement with the City (Exhibit 2) to indemnify the City of Denton against any liability incident(s) pending approval of the request. City Hall 215 E. McKinney St. Denton, Texas www.cityofdenton.com RECOMMENDATION Staff recommends approval. PRIOR ACTION/REVIEW On October 23, 2018, the City Council approved to allow the Campus Theatre Concessions, LLC to sell alcoholic beverages at the Denton’s Day of the Dead Festival under Resolution 18-1726. FISCAL N/A EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Resolution and Agreement Exhibit 3 LLC Verification Respectfully submitted: Gary Packan Director, Parks and Recreation Prepared by: Jennifer Eusse Special Events Supervisor RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON ALLOWING THE CAMPUS THEATRE CONCESSIONS,LLC TO SELL ALCOHOLIC BEVERAGES AT THE DENTON'S DAY OF THE DEAD FESTIVAL,ON SATURDAY,OCTOBER 26,2019,FROM 11:00 A.M.TO 11:00 P.M.,AT THE WILLIAMS SQUARE,UPON SATISFYING CERTAIN CONDITIONS; AUTHORIZING THE CITY MANAGER,OR HIS DESIGNER,TO EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the City of Denton ("City")is the owner of Williams Square;and WHEREAS,Denton Day of the Dead Festival Inc.will host the Denton's Day of the Dead Festival on Saturday,October 26, 2019, from 11:00 a.m. to 11:00 p.m. at E.Hickory Street and Industrial Street in Denton,Texas,to celebrate and honor the hallmarks of autumn in the American Southwest including the harvest,Halloween and Dia de los Muertos;and WHEREAS,THE CAMPUS THEATRE CONCESSIONS,LLC has requested that they be allowed to sell alcoholic beverages at the Denton's Day of the Dead Festival;and WHEREAS,the City Council deems it in the public interest to authorize the City Manager, or his designee,to allow the CAMPUS THEATRE CONCESSIONS,LLC to sell alcoholic beverages at the Denton Day ofthe Dead Festival on Saturday,October 26,2019,so long as certain conditions are met by the CAMPUS THEATRE CONCESSIONS,LLC and Denton Day of the Dead Festival Inc.;NOW,THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings set forth in the preamble of this Resolution are incorporated by reference into the body of this Resolution as if fully set forth herein SECTION 2.The CAMPUS THEATRE CONCESSIONS,LLC shall be allowed to sell alcoholic beverages at the Denton's Day ofthe Dead Festival,on Saturday,October 26,2019,from 11:00 a.m. to 11:00 p.m. to be held at E.Hickory Street and Industrial Street,Denton,Texas,upon entering into and complying with the attached agreement with the City of Denton and satisfying the following conditions: 1.CAMPUS THEATER CONCESSIONS,LLC shall be responsible for securing the space needed to sell alcoholic beverages at Williams Square; 2.CAMPUS THEATER CONCESSIONS,LLC shall abide by all laws,resolutions, rules, and regulations,and will be responsible for obtaining the temporary license and permit required to sell alcoholic beverages at Williams Square; 3.CAMPUS THEATRE CONCESSIONS,LLC shall furnish Liquor (Dramshop) Liability Insurance in the amount of $1,000,000 per occurrence and agrees to indemnify the City against any liability incident(s)related the sale of alcoholic beverages; 4.DENTON DAY OF THE DEAD FESTIVAL INC.will provide Comprehensive General Liability Insurance in the amount of $1,000,000 per oeeurrenee and agrees to indemnify the City against any liability incident(s)related to the event and the sale of alcoholic beverages; 6.DENTON DAY OF THE DEAD FESTIVAL INC.shall provide the security necessary for the sale of alcoholic beverages. SECTION 3. The City Manager,or his designee,is authorized to execute an agreement in conformity with this Resolution,which shall be substantially in the form of the agreement attached hereto and made a part hereof by reference. SECTION 4. This Resolution shall become effective immediately upon its passage and approval. The motion to approve this Resolution was made by and seconded by . This Resolution was passed and approved by the following vote [ Mayor Chris Watts: Gerard Hudspeth, District I: Keely G. Briggs, District 2: Jesse L.Davis,District 3: John Ryan, District 4: Deb Armintor,At Large Place 5: Paul Meltzer,At Large Place 6: Aye PASSED AND APPROVED this the Nay Abstain Absent day of _,20I9. CHRIS WATTS,MAYOR ATTEST: ROSA RIGS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: AARON LEAL,CITY ATTORNEY CITY OF DENTON AGREEMENT WITH DENTON'S DAY OF THE DEAD FESTIVAL,INC.AND CAMPUS THEATRE CONCESSIONS,LLC STATE OF TEXAS § COUNTY OF DENTON § This Agreement, made this day of , 2019, by and between the City of Denton, a Texas home-rule municipal corporation, hereinafter referred to as the "CITY", and CAMPUS THEATRE CONCESSIONS,LLC and DENTON DAY OF THE DEAD FESTIVAL INC. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 GENERAL The City grants to the CAMPUS THEATRE CONCESSIONS, LLC (registered and owned by Brook Ray, d/b/a The Supporting Role) the privilege to sell alcoholic beverages for DENTON DAY OF THE DEAD FESTIVAL INC.,subject to the exceptions and conditions hereinafter set forth, at the DENTON'S DAY OF THE DEAD FESTIVAL on Saturday, October 26,2019,from 11:00 a.m. to 11:00 p.m. to be held at E. Hickory Street and Industrial Street, Denton, Texas. This privilege does not extend beyond said date and time. ARTICLE 2 TERMS AND CONDITIONS CAMPUS THEATRE CONCESSIONS,LLC and DENTON DAY OF THE DEAD FESTIVAL INC.shall comply with this agreement and perform the following in order to exercise the privilege to sell alcoholic beverages at Williams Square for the DENTON'S DAY OF THE DEAD FESTIVAL: A. CAMPUS THEATER CONCESSIONS, LLC shall be responsible for securing the space needed to sell alcoholic beverages at Williams Square. B. CAMPUS THEATER CONCESSIONS, LLC shall be responsible for obtaining the temporary license and permit required to sell alcoholic beverages at Williams Square for the DENTON'S DAY OF THE DEAD FESTIVAL. C. DENTON DAY OF THE DEAD FESTIVAL INC.shall provide the security necessary for the sale ofalcoholic beverages as predetermined and outlined inthe Williams Square rental agreement. D.DENTON DAY OF THE DEAD FESTIVAL INC.and the CAMPUS THEATER CONCESSIONS,LLC shall waive their right to exercise the privilege to sell alcoholic beverages at Williams Square for the DENTON'S DAY OF THE DEAD FESTIVAL,if one or both respective parties fails to comply with any portion of this agreement including but not limited to, failing to provide proof of compliance prior to the event. ARTICLE 3 LOCAL RULES AND REGULATION CAMPUS THEATER CONCESSIONS,LLC and DENTON DAY OF THE DEAD FESTIVAL INC.agree to abide by all municipal, county, state and federal laws, resolutions, rules and regulations and specifically, without limitation, to obtain all necessary and proper licenses, permits and authorizations, and to comply with the requirements of any duly authorized person acting in connection therewith. CAMPUS THEATER CONCESSIONS, LLC shall pay all taxes, if any,of every nature and description arising out of or in any manner connected with the sale of alcoholic beverages. CAMPUS THEATER CONCESSIONS,LLC will exercise reasonable care and due diligence in the sale of alcoholic beverages at the DENTON'S DAY OF THE DEAD FESTIVAL. ARTICLE 4 INDEMNITY AGREEMENT CAMPUS THEATER CONCESSIONS,LLC and DENTON DAY OF THE DEAD FESTIVAL INC.shall indemnify and save and hold harmless the CITY and its officers, agents, and employees from and against any and all liability, claims, demands, losses, and expenses, includingbut not limited to, court costs and reasonable attorney fees incurred by the CITY,and including,without limitation, damages for bodily and personal injury,death and property damage, resulting from the negligent acts or omissions of DENTON DAY OF THE DEAD FESTIVAL INC.,CAMPUS THEATER CONCESSIONS,LLC, or their officers,shareholders,agents,or employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a partyto this Agreement,andnothinghereinshallwaiveanyofthe parties'defenses,bothat law or equity,to any claim,causeof action,or litigationfiledby anyonenot a partyto this Agreement, including the defense of governmental immunity,which defenses areherebyexpressly reserved. ARTICLE 5 INSURANCE During the performance of this Agreement, CAMPUS THEATER CONCESSIONS,LLC and DENTON DAY OF THE DEAD FESTIVAL INC.shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: A.DENTON DAY OF THE DEAD FESTIVAL INC. shall provide and maintain Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate,and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. B.CAMPUS THEATER CONCESSIONS,LLC shall provide and maintain Liquor (Dramshop) Liability Insurance in the amount of $1,000,000 per occurrence for the DENTON'S DAY OF THE DEAD FESTIVAL at Williams Square where alcohol will be provided or served. C.CAMPUS THEATER CONCESSIONS,LLC and DENTON DAY OF THE DEAD FESTIVAL INC.shall furnish insurance certificates or insurance policies to the CITY as evidence of such coverages. The insurance policies shall name the CITY as an additional insured on all such policies,and shall contain a provision that such insurance shall not be canceled or modified without written notice to the CITY.In such event,the policy holder, DENTON DAY OF THE DEAD FESTIVAL INC.,and/or CAMPUS THEATER CONCESSIONS,LLC shall,prior to the effective date of the change or cancellation,serve substitute policies furnishing the same coverage. D. Said insurance policies are subject to review by the CITY and may be rejeeted at the city's sole discretion, for any reason, as long as the reason is eommunicated to the policy holder prior to the day of the event. ARTICLE 6 NOTICES All notices,communications,and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the addresses shown below,certified mail, return receipt requested,unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: CAMPUS THEATER CONCESSIONS,LLC CITY OFDENTON: Brook E. Ray, Member City Manager 3300 Darby En.215 E. McKinney St. Denton,Texas 76207 Denton,Texas 76201 DENTON DAY OF THE DEAD FESTIVAL INC. David Pierce,President 2016 N.Bell Ave, Denton,TX 76209 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3)days'mailing. ARTICLE 7 ENTIRE AGREEMENT This Agreement,consisting of five (5) pages and 0 exhibits,constitutes the complete and final expression of the agreement of the parties,and is intended as a complete and exclusive statement of the terms of their agreements,and supersedes all prior contemporaneous offers, promises,representations,negotiations,discussions,communications,and agreements which may have been made in connection with the subject matter hereof. ARTICLE 8 SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable,it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable.In such event,the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE 9 DISCRIMINATION PROHIBITED In performing the services required hereunder,CAMPUS THEATER CONCESSIONS,LLC and DENTON DAY OF THE DEAD FESTIVAL INC.shall not discriminate against any person on the basis of race,color,religion,sex,national origin or ancestry,age, or physical handicap. ARTICLE 10 PERSONNEL CAMPUS THEATER CONCESSIONS,LLC and DENTON DAY OF THE DEAD FESTIVAL INC.represents that they have or will secure,at their own expense,all personnel required to perform all the services required under this Agreement.Such personnel shall not be employees or officers of, or have any contractual relations with the CITY. ARTICLE 11 ASSIGNABILITY CAMPUS THEATER CONCESSIONS,LLC and DENTON DAY OF THE DEAD FESTIVAL INC. shall not assign any interest in this Agreement,and shall not transfer any interest in this Agreement (whether by assignment,novation,or otherwise)without the prior written consent of the CITY. ARTICLE 12 MODIFICATION No waiver or modification of this Agreement or of any covenant,condition,or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith,and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement,or the rights or obligations of the parties hereunder,and unless such waiver or modification is in writing and duly executed;and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE 13 MISCELLANEOUS A.Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County,Texas.This Agreement shall be construed in accordance with the laws ofthe State of Texas. B. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. IN WITNESS HEREOF,the City of Denton,Texas has caused this Agreement to be executed by its duly authorized City Manager;and DENTON DAY OF THE DEAD FESTIVAL INC. and CAMPUS THEATER CONCESSIONS,LLC has executed this Agreement through their duly authorized undersigned officers on this the day of ,2019. CITY OF DENTON,TEXAS ATTEST: ROSA RIOS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: AARON LEAL,CITY ATTORNEY .V:4^?^ TODD HILEMAN, CITY MANAGER WlTNi'SS: I3Y: THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligatipns and business terms. /ijd Signature Title J f /zEc?JCtA~Fi!€N Date Signed DliN roN i)/w oi-tiii;^;ad ii;.STiVAi.mQ. BY: David i^icrciX Prcsidenl CAMPUS TUr-.ATT'K CONCIiSSIONS.IJ.C d/b/a The Supporting Role Brook li.Rav.Member Alcohol Request for 2019 Denton’s Day of the Dead Fest Campus Theatre Concessions, LLC, politely requests that the Denton City Council approves a variance for the sale of alcohol with the lot of Williams Trade Square during Denton’s Day of the Dead Festival on Sat, Oct 26th, 2019. Sincerely, David J. Pierce Denton’s Day of the Dead Festival Director City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 19-2551,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton,Texas,approving a first amendment to the employment agreement for City Manager Todd Hileman;providing a salary increase for City Manager Todd Hileman under the performance review provision of the City Manager’s employment agreement with the City; extending the term of the City Manager’s employment agreement to October 23,2023;increasing vacation accrual to four weeks per year for the City Manager;adding an automatic renewal clause;authorizing the expenditure of funds; and providing an effective date. City of Denton Printed on 10/18/2019Page 1 of 1 powered by Legistar™ City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Human Resources CM/ DCM/ ACM: Sara Hensley, Assistant City Manager DATE: October 22, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, approving a first amendment to the employment agreement for City Manager Todd Hileman; providing a salary increase for City Manager Todd Hileman under the performance review provision of the City Manager’s employment agreement with the City; extending the term of the City Manager’s employment agreement to October 23, 2023; increasing vacation accrual to four weeks per year for the City Manager; adding an automatic renewal clause; authorizing the expenditure of funds; and providing an effective date. BACKGROUND During the October 15, 2019, City Council meeting, the Council reviewed the accomplishments and goals of City Manager Todd Hileman. The Council has agreed to increase his salary by 4% as a result of his performance, retroactive to October 5, 2019 (first pay period of the fiscal year). Additionally, they agreed to extend the term of his employment agreement by one year, with an ending date of October 23, 2023; agreed to increase his vacation accrual from three (3) weeks per year to four (4) weeks per year; and agreed to add an automatic renewal clause to his employment agreement. The attached ordinance authorizes these recommendations. OPTIONS Approve the ordinance as proposed, not approve the ordinance, or make modifications. EXHIBITS Exhibit 1 – Agenda Information Sheet Exhibit 2 – Ordinance and Agreement Respectfully submitted: Tiffany Thomson Director of Human Resources City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 19-2552,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton,Texas,approving a second amendment to the employment agreement for City Attorney Aaron Leal;providing a salary increase under the performance review provision of the City Attorney’s employment agreement with the City;extending the term of the City Attorney’s employment agreement to October 11,2021;authorizing the expenditure of funds;and providing an effective date. City of Denton Printed on 10/18/2019Page 1 of 1 powered by Legistar™ City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Human Resources CM/ DCM/ ACM: Sara Hensley, Assistant City Manager DATE: October 22, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, approving a second amendment to the employment agreement for City Attorney Aaron Leal; providing a salary increase under the performance review provision of the City Attorney’s employment agreement with the City; extending the term of the City Attorney’s employment agreement to October 11, 2021; authorizing the expenditure of funds; and providing an effective date. BACKGROUND During the October 15, 2019, City Council meeting, the Council reviewed the accomplishments and goals of City Attorney Aaron Leal. The Council has agreed to increase his salary to $210,000 per year as a result of his performance and market equity concerns, retroactive to October 5, 2019 (first pay period of the fiscal year). Additionally, they agreed to extend the term of his employment agreement by one year, with an ending date of October 11, 2021. The attached ordinance authorizes these recommendations. OPTIONS Approve the ordinance as proposed, not approve the ordinance, or make modifications. EXHIBITS Exhibit 1 – Agenda Information Sheet Exhibit 2 – Ordinance and Agreement Respectfully submitted: Tiffany Thomson Director of Human Resources City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 19-2520,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton establishing the classifications and prescribing the number of positions in each classification for the Police Department pursuant to Chapter 143 of the Texas Local Government Code; providing repealer, cumulative, and severability clauses; and declaring an effective date. City of Denton Printed on 10/18/2019Page 1 of 1 powered by Legistar™ City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Police CM/ DCM/ ACM: Todd Hileman, City Manager DATE: October 22, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton establishing the classifications and prescribing the number of positions in each classification for the Police Department pursuant to Chapter 143 of the Texas Local Government Code; providing repealer, cumulative, and severability clauses; and declaring an effective date. BACKGROUND Texas Local Government Code Chapter 143, requires governing bodies of all jurisdictions with Civil Service employees to officially authorize the exact number of employees. The City Council last approved a mid-year appropriation of Police Department Civil Service positions by Ordinance 19-1456 on June 25, 2019. For Fiscal Year 2019-20, City Council approved the addition of seven (7) full-time sworn positions increasing the department’s total authorized strength from 185 to 192. The Police Chief position was removed from the civil service classification during Fiscal Year 2018-19 due to it being a non-civil service position. Classification FY 2018-19 Authorized Staffing FY 2019-20 Authorized Staffing Police Chief 0 0 Assistant Chief 1 1 Deputy Chief 2 2 Captain 0 0 Lieutenant 9 10 Sergeant 19 22 Police Officer & Recruit 154 157 Total 185 192 City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com FISCAL INFORMATION There will be no additional financial impact to the General Fund. EXHIBITS Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance Respectfully submitted: Frank Dixon Chief of Police Prepared by: Shanika Mayo Administration Manager Page 3 Exhibit “A” POLICE DEPARTMENT Classification FY 2018-19 Authorized Staffing FY 2019-20 Authorized Staffing Police Chief 0 0 Assistant Chief 1 1 Deputy Chief 2 2 Captain 0 0 Lieutenant 9 10 Sergeant 19 22 Police Officer & Recruit 154 157 Total 185 192 City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 19-2249,Version:1 AGENDA CAPTION Consider approval of a resolution by the City of Denton recognizing the necessity of protecting the natural areas (greenbelts) adjacent to creeks and other waterways; adopting the Denton County Greenbelt Plan as a framework to complement the current and future planning efforts of the City of Denton in managing and protecting various environmental resources; endorsing the plan as an urgent regional program for the county, cities, towns and utilities to help protect water quality in local watersheds; and expressing the City of Denton’s intent to participate in implementing strategies that will preserve and protect the environment and safeguard the public welfare. City of Denton Printed on 10/18/2019Page 1 of 1 powered by Legistar™ City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Environmental Services and Sustainability CM/ DCM/ ACM: Mario Canizares DATE: October 22, 2019 SUBJECT Consider approval of a resolution by the City of Denton recognizing the necessity of protecting the natural areas (greenbelts) adjacent to creeks and other waterways; adopting the Denton County Greenbelt Plan as a framework to complement the current and future planning efforts of the City of Denton in managing and protecting various environmental resources; endorsing the plan as an urgent regional program for the county, cities, towns and utilities to help protect water quality in local watersheds; and expressing the City of Denton’s intent to participate in implementing strategies that will preserve and protect the environment and safeguard the public welfare. BACKGROUND The Upper Trinity Regional Water District (UTRWD) is a conservation district, created b y the State of Texas in 1989 to provide towns, cities and utilities with sound, long-term water supply. Upper Trinity’s mission is to provide water, wastewater, solid waste, and stormwater (watershed protection) services -- all on a wholesale basis. The boundaries of Upper Trinity include all of Denton County, plus limited portions of Collin and Dallas Counties. The District is composed of 25 member entities; 21 cities and towns, one utility authority, and three special districts. In addition, Denton County appoints two representatives to the Board. Upper Trinity serves its members plus other utility and municipal customers. In 2007, UTRWD contracted the University of North Texas to develop a management system to prioritize riparian areas. As a result of this project the Water Quality Corridor Management (WQCM) model was developed. The model prioritizes riparian buffer areas or greenbelts for preservation. In 2010, the UTRWD created the Upper Trinity Conservation Trust as a non-profit to further the mission of preserving vital resources to protect water quality. This UTCT utilized the information in the WQCM model project to develop the Denton County Greenbelt Plan (DCGP) as a voluntary tool that communities could utilize to address some of the challenges represented by development and the associated impacts to important water resources. On August 15, 2017, Denton County adopted the DCGP. Since then Aubrey, Corinth, Justin, Lewisville, Pilot Point, Sanger, Double Oak, Flower Mound, Hickory Creek, Lake Cities Municipal Utility Authority, and Lantana have also adopted the plan. The Plan identifies 1,225 miles of vegetated areas adjacent to streams as greenbelts, and classifies and prioritizes their protection based on existing vegetated conditions and proximity to major streams. These greenbelts provide various ecosystem services to areas where they are located. Their benefits include: • Conservation of the quality of water entering Denton County’s water supply reservoirs, the sources of our drinking water, as the County is rapidly urbanizing, • Increase the quality of life for Denton County residents by providing nature-based recreational and educational opportunities, City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com • Enable increased connections for both people and wildlife, • Add zest to neighborhoods and enhance property values. Healthy tree roots and other vegetative material help protect homes and property by stabilizing and protecting stream banks from erosion potential, • Increase appreciation for environmental matters through nature- based educational opportunities, • Preserve the cultural, historical and natural landscapes of Denton County, and • Safeguard habitat for native plants, animals and aquatic species. The DCGP premises on the financial benefits obtained from the protection of greenbelt corridors is aligned with the conclusions reached on a land-use analysis study conducted for the Hickory Creek by city staff. Within Denton County, some agencies have already set aside certain existing greenbelts, providing protection for water quality and riparian assets. Examples include already established linear parks, federal lands associated with the three major lakes within Denton County, and areas protected by ordinances, setbacks and dedications in the Cities of Denton and Lewisville, Town of Flower Mound, and the master- planned community of Lantana. The City of Denton requires the protection of environmentally sensitive areas (ESAs) since 2002. Denton ESA regulations exceeds the goals envisioned by the DCGP by extending regulatory protection to Cross Timbers upland habitats, water-related habitats, floodplains, and riparian buffers. By adopting the DCGP Denton can continue to serve as a model for other communities looking for pathways to address the increasing threats to water quality and support regional watershed management efforts. The information contained in the DCGP is useful for our neighboring communities. The DCGP addresses many of the challenges facing not just Denton but all of the cities and jurisdictions facing increased development in the Lewisville Lake, Lake Ray Roberts, and Lake Grapevine watersheds. The DCGP is not intended to be a regulatory document; rather, the goal for the Plan is to be a convenient guide to encourage and enable closer coordination among stakeholders. Therefore, successful implementation of the Plan, on a voluntary basis, will require strong leadership at all levels: support from County officials, and active support from local municipalities and dedicated citizens. A successful fulfillment of the Plan will depend on informed and supportive citizens and landowners in the stewardship of the County’s critical natural assets - as private landowners own a majority of the greenbelt corridors in Denton County. As Denton is both permitted by TCEQ as a stormwater system and a water supplier/water rights holder we are very interested with both what occurs within our city boundaries and the impacts in other areas of the watersheds. Adopting this resolution has no cost or administrative requirements for the City of Denton but could enhance opportunities for regional projects. RECOMMENDATION Staff recommends approval for the resolution for the Denton County Greenbelt Plan presented to City Council for adoption. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Presented at September 9, 2019 Committee on the Environment Meeting. Staff received input from the COE and recommended presenting the resolution to City Council. FISCAL INFORMATION No fiscal impacts are expected because of adopting this resolution. The Denton County Greenbelt Plan is a voluntary plan. EXHIBITS 1. Agenda Information Sheet 2. Resolution to adopt the Denton County Greenbelt Plan. 3. Staff Presentation 4. Denton County Greenbelt Plan Executive Summary 5. Denton County Greenbelt Plan Full Document Respectfully submitted: Deborah Viera Assistant Director of Environmental Services Prepared by: David H. Hunter Manager, Watershed Protection and Industrial Pretreatment RESOLUTION NO. A RESOLUTION BY THE CITY OF DENTON RECOGNIZING THE NECESSITY OF PROTECTING THE NATURAL AREAS (GREENBELTS)ADJACENT TO CREEKS AND OTHER WATERWAYS;ADOPTING THE DENTON COUNTY GREENBELT PLAN ("PLAN")AS A FRAMEWORK TO COMPLEMENT THE CURRENT AND FUTURE PLANNING EFFORTS OF THE CITY OF DENTON IN MANAGING AND PROTECTING VARIOUS ENVIRONMENTAL RESOURCES;ENDORSING THE PLAN AS AN URGENT REGIONAL PROGRAM FOR THE COUNTY,CITIES,TOWNS AND UTILITIES TO HELP PROTECT WATER QUALITY IN LOCAL WATERSHEDS;AND EXPRESSING THE CITY OF DENTON'S INTENT TO PARTICIPATE IN IMPLEMENTING STRATEGIES THAT WILL PRESERVE AND PROTECT THE ENVIRONMENT AND SAFEGUARD THE PUBLIC WELFARE. WHEREAS,the City of Denton is located in the Lewisville Lake watershed;and WHEREAS,the City of Denton recognizes that the long-term prosperity and success of the City of Denton depends on an adequate and safe drinking water supply, without it our economy cannot grow or prosper;and WHEREAS,as growth and development continue across the region,population in this watershed is expected to continue to increase, rapidly transforming from a rural setting to an area Avith urban characteristics;and WHEREAS,communities,including the City of Denton, are knitted together by many water courses that extend into and through neighborhoods,transporting water to the nearest creek or lake - - the sources of our drinking water; and WHEREAS,the vegetated areas along creeks and rivers (also known as greenbelts) provide a buffer between homes, farms and the neighboring creeks; filtering out harmful pollutants,such as soil, silt,fertilizers and pesticides before they reach the creeks and rivers, thereby protecting the quality of water where we live; and WHEREAS,we believe that protecting and preserving local greenbelts today cost very little in comparison to restoring them in the future; and WHEREAS,Denton County, the Upper Trinity Regional Water District and Upper Trinity Conservation Trust developed the Plan as a coordinated effort to identify priority greenbelt areas and other related natural assets in need of preservation;and WHEREAS,the Plan has identified priority greenbelts near the City of Denton, and provides strategies that can be implemented on a voluntary basis to help protect our water supply sources;and WHEREAS,to help champion the Plan,Denton County is creating a Coordinating Committee,which the City of Denton will be eligible to participate,as a supporter of the Plan; and WHEREAS,it is advisable to advance the Plan in a eooperative voluntary manner with neighboring communities,considering appropriate policies and actions that will help preserve and protect water resources and enhance the quality of life for all Denton County residents. NOW,THEREFORE,BE IT RESOLVED BY THE CITY OF DENTON: SECTION 1. That all matters stated in the preamble are found to be true and correct and are hereby incorporated into the body of this resolution as if copied in their entity. SECTION 2.That the City of Denton does adopt the Denton County Greenbelt Plan to be a convenient guide in preserving and protecting greenbelts within City of Denton's jurisdiction,to help protect the watershed,right where we live,knowing that the quality of life for our people depend on the preservation of these irreplaceable water assets. SECTION 3.That the City of Denton does direct its staff to review the Plan for timely recommendations and for incorporation of appropriate items into City of Denton policies,practices and standards,enacting appropriate ordinances,zoning requirements or other measures that will protect greenbelts within our local jurisdiction. SECTION 4. To help achieve the preservation and protection of local greenbelts.City of Denton hereby expresses its intent to participate on the Coordinating Committee to be formed by Denton County; and will work with Denton County, Upper Trinity and other stakeholders to implement strategies and best management practices for the protection of our watershed. SECTION 5.This Resolution shall become effective immediately upon its passage. The motion to approve this resolution was made by and seconded by , the resolution was passed and approved by the following vote [ - ]: Aye Nay Abstain Absent Mayor Chris Watts: Gerard Hudspeth,District 1: Keely G. Briggs,District 2: Jesse Davis,District 3: John Ryan,District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this, the day of ,2019. CHRIS WATTS,MAYOR ATTEST: ROSA RIGS,CITY SECRETARY APPROVED AS TO LEGAL FORM: AARO^LEAL,QiTTKr Denton County Greenbelt Plan City of Denton Watershed Protection Division Department of Environmental Services Presentation •Overview of North Texas watersheds •History of Denton County Greenbelt Plan •Recommendation and Questions Our Waterways Thousands of miles of streams and creeks Three major water supply reservoirs Hundreds of miles of hike/bike trails Growth in Denton County and Lewisville Lake Watershed Growth along Hwy 380 Corridor Looking to the Future Over 1 million expected in Denton County by 2030 Protection of natural assets important for future economic growth and quality of life Significant challenges to water quality Prevention is cheaper than correction! Water Quality Corridor Management (WQCM) Model (2007) •Upper Trinity contracted the University of North Texas to develop a resource preservation model. •Prioritizes places in watershed for preservation Upper Trinity Regional Water District –Created in 1989 Upper Trinity Conservation Trust (UTCT) –Created in 2010 Created subwatershed Prioritization Model Denton County Greenbelt Plan Guide preservation of greenbelts and related natural areas Identify strategic areas for establishing greenbelt corridors Advocate a common vision for multi-use greenbelts Provide a toolbox of implementation strategies Voluntary Code of Ordinances Environmentally Sensitive Areas Restricts Development in Fully Developed Floodplain + 18” Riparian Buffers (100-200’ wide) Green Stormwater Infrastructure (iSWM Silver) City of Denton Entities who have adopted the Denton County Greenbelt Plan City of Aubrey City of Corinth Town of Double Oak Town of Flower Mound Town of Hickory Creek City of Justin Lake Cities MUA Lantana City of Lewisville City of Pilot Point City of Sanger Recommendation Recommend adoption of the Denton County Greenbelt Plan •Adoption may create additional funding opportunities •Denton has been a participating member of UTCT and was instrumental in development of DCGP. •Denton already has code requirements in place to facilitate protection of greenbelts and other environmentally sensitive areas. •Partnering with regional stakeholders is part of the City’s stormwater permit requirements. Questions? David.Hunter@cityofdenton.com 940-349-7123 DENTON COUNTY GREENBELT PLAN For The Future EXECUTIVE SUMMARY 1 Acknowledgements Denton County Greenbelt Plan Sponsors Denton County Denton County, under leadership of the County Judge and Commissioners, provides planning and other services for the rural and urban areas of the County; and, coordinates transportation and public works needs among communities as the population continues to grow - - while keeping sustainability, environmental protection, and quality of life as priorities. Upper Trinity Regional Water District Upper Trinity Regional Water District was created by the Texas Legislature in 1989 for the benefit of cities and utilities in the Denton County area. Its mandate is to develop regional plans for water and wastewater services on a wholesale basis to cities and utilities in the Denton County area. Upper Trinity is a leader in public education about water conservation and water quality protection. Upper Trinity Conservation Trust Created as a nonprofit 501(c)(3) land trust in 2010 by the Upper Trinity Regional Water District Board of Directors, the Conservation Trust works with communities, landowners and developers to preserve natural watershed and riparian assets within the catch basins of the District’s water supply sources. The mission of the Trust is to promote the conservation and stewardship of land and water resources through educational activities, coordination with local governments, and the acquisition of land and conservation easements - - protecting water quality in our water supply basins for future generations. Acknowledgements Many stakeholders participated and contributed to the development of the Denton County Greenbelt Plan - - some by participating in public meetings and others through the website or online surveys. The Plan Sponsors would like to express appreciation to all stakeholders who participated. Active stakeholders included: - Denton County Residents - City / Town Officials and Staff - University of North Texas – Lewisville Lake Environmental Learning Area - Greenbelt Alliance - North Central Texas Council of Governments - Texas A&M AgriLife Extension Service – Denton County - Texas A&M Forest Service - Texas Department of Transportation - Texas Master Naturalists - Texas Parks and Wildlife Department - Trust for Public Land - and more! Many thanks to the consultant team: Alan Plummer Associates, Inc. Schrickel, Rollins and Associates, Inc. 2 Foreword from Upper Trinity Conservation Trust As land continues to be developed in Denton County, converting farms and ranches into communities, it’s important to remember the role and benefits of creeks and waterways - - not only as a source of water for farm animals and wildlife, but also as a source of drinking water for our growing communities. Preserving the natural areas (greenbelts) adjacent to the creeks and other waterways is vital to having dependable, clean drinking water. As water flows across the land, these greenbelts help filter out harmful pollutants before the water enters the creeks and lakes, protecting the quality of water. The Denton County Greenbelt Plan helps set a common vision for preserving greenbelts; and, it provides strategies for stakeholders (municipalities, developers, landowners and residents) to use in protecting these valuable natural assets. Within the mission of Upper Trinity Conservation Trust, one strategy for protecting these assets is through conservation easements. Conservation easements offer a convenient way to preserve valuable watershed areas and greenbelts - - also, wildlife habitat and family heritage lands. Conservation easements are voluntary agreements between a landowner and a qualified land trust that enables a landowner to retain possession while protecting a designated area in perpetuity. As a nonprofit land trust, Upper Trinity Conservation Trust is available to accept conservation easements from landowners, developers and municipalities that desire to protect greenbelts and other watershed lands. Easement donors can enjoy a valuable partnership with the Trust who can help them carry out their goals that they have for their land. The voluntary nature of the Denton County Greenbelt Plan will ensure that the municipalities, developers and others implementing it are doing so because of the great economic, environmental and social benefits for everyone in Denton County. Together, we can preserve the quality of our environment and life in Denton County and leave a legacy for future generations. Trent Lewis President Upper Trinity Conservation Trust 3 Foreword from Denton County Denton County is one of the best places to live, work and raise a family. Just take a look around: a strong local economy, thriving communities, excellent educational institutions, and a rich history, and beautiful landscapes. Over the next several years, Denton County’s population is expected to surpass one million people, making the County the fifth fastest growing in the State. As our County transitions to a more urban setting, we should be mindful of potential impacts on our quality of life, and to the environment, especially to protection of water quality in our local lakes - - a key source for our drinking water. The County’s long-term prosperity and success depends on an adequate and safe drinking water supply; without it, our economy cannot grow or prosper. Maintaining precious natural assets, such as greenbelts, is important to the safety and security of our water supply, and to the quality of life that residents have come to expect in Denton County. If left in their natural condition, greenbelts (the vegetated areas along creeks and streams) offer many benefits and provide a buffer between homes and the neighboring creeks. Greenbelts also provide recreational and educational opportunities to residents; and, help filter out harmful pollutants before reaching the creek. Denton County is proud to be a sponsor of the Denton County Greenbelt Plan - - a voluntary guide to preserving and protecting local greenbelt areas. The Plan offers a common vision in preserving these natural assets; and, will help coordinate the roles that municipalities, developers, landowners and other stakeholders have in protecting greenbelts. Each of us can have a role in preserving and protecting greenbelts - - now, and for future generations! A coordinating committee will help champion and oversee implementation of the Plan. The mission of the Committee will be to encourage, and work with, the many stakeholders to pursue the most effective strategies for preservation of greenbelts throughout the County. The committee will be diverse and represent the many stakeholders that makes our County so unique. Together, we can make a difference to ensure our economy continues to grow, while preserving important greenbelt areas and protecting our valuable water supply. Now is the time to protect our natural resource assets for future generations! Mary Horn Denton County Judge 4 Foreword from Upper Trinity Regional water district Local communities are knitted together by the many water courses that extend into and through neighborhoods, transporting water to the nearest creek or lake - - the sources of our drinking water. Please, an alert! As our region transforms from a largely rural setting to one with more urban character, it is urgent that we consider the effect on water quality and our water supply. At Upper Trinity Regional Water District, a priority goal is to safeguard our local water resources and the quality of life “right where we live”. To reach the goal, we need your help. Now is the time to preserve natural waterways and to protect water quality in local watersheds. Greenbelts and flood plains; streams and waterways; riparian lands and wetlands - - all are irreplaceable assets. Greenbelts help protect creeks and lakes by filtering out pollutants, such as sediment, pesticides and fertilizer. Also, greenbelts are an important buffer during flood events. These critical functions are the focus of the Denton County Greenbelt Plan - - helping protect and safeguard these assets for the future. Good news: it costs very little to protect existing watershed assets - - if we do it now. In contrast, it would cost a fortune to try to restore greenbelts later, if the watershed were allowed to become impaired. In some cases, greenbelts can help enhance the quality of life for residents by enabling hike and bike trails. Typically, greenbelts also help improve property values for nearby homes. The Greenbelt Plan will serve as a useful guide for municipalities, landowners and developers for voluntary implementation of greenbelts areas. The Plan encourages stakeholders to coordinate the planning and preservation of multi-use greenbelts according to a common vision. If you appreciate natural greenbelt areas, we urge you to get involved, to volunteer to help. Please join in the effort to achieve sustainability of greenbelt assets in Denton County, and enhance the quality of life for all residents. If we each do our part well, just think of the legacy you can leave for future generations! Thomas E. Taylor Executive Director Upper Trinity Regional Water District DENTON COUNTY AT A POINT OF GREAT OPPORTUNITY Denton County is growing - FAST. In less than 25 years, the population of Denton County is projected to be over 1.4 million, or double its current population. With growth, land uses will change. The rural character of the County will likely transform to urban and suburban land uses similar to what is occurring in neighboring Counties. As developable space becomes a premium, the County’s streams, creeks, and other aquatic resources will be stressed from these impending land-use changes. Now is the time to initiate cooperative efforts for the protection of Denton County’s water resources, especially its streams, creeks, and the Elm Fork of the Trinity River – the sources for our drinking water. To address the foreseeable land use changes, the Upper Trinity Conservation Trust, Denton County, and Upper Trinity Regional Water District commissioned a study to inventory and analyze greenbelts along the County’s major streams and the Elm Fork of the Trinity River. The major emphasis for this study was to identify existing greenbelts, opportunities for developing and expanding greenbelt corridors, and to categorize and prioritize area streams and watersheds for greenbelt preservation. This document summarizes those efforts with the overarching goal “to protect the water quality entering Denton County’s three primary drinking water supply reservoirs – Lewisville Lake, Ray Roberts Lake, and Grapevine Lake.” Of course, once preserved, a greenbelt offers community benefits far beyond just protection of water quality. Such drainageways flow through all communities, with many opportunities to benefit neighborhoods and Denton County as a whole. The purpose for the Denton County Greenbelt Plan (“the Plan”) is to assist in protecting the greenbelts along and associated with streams that flow into the local water supply reservoirs. The Plan is not intended to be a regulatory document; rather, a convenient guide to encourage and enable closer coordination among stakeholders. Stakeholders include Denton County’s municipalities, developers, citizens, and land owners. It is important to recognize the importance of our waterways and associated riparian zones, and to acknowledge the priority streams identified within the Plan. Implementation strategies are provided in the Plan to help protect the identified priority greenbelt corridors and streams for the foreseeable future. The following are highlights of the Denton County Greenbelt Plan. 5 “A greenbelt is defined as a vegetated portion of land typically adjacent to area streams, creeks, rivers or lakes that is set aside for preservation purposes.” “The vision for the Greenbelt Plan is to grow the economy of Denton County while conserving and preserving its existing Greenbelt assets as well as expanding Greenbelt assets throughout the County.” executive summary 6 Ray Roberts Lake Lewisville Lake Grapevine LakeMONTAGUE COUNTYCOOKE COUNTYCOOKE COUNTYGRAYSON COUNTYCOOKE COUNTYWISE COUNTY GRAYSON COUNTYCOLLIN COUNTY WISE COUNTYTARRANT COUNTY COLLIN COUNTYDALLAS COUNTY TARRANT COUNTYDALLAS COUNTYCorral City Marshall Creek Justin Rhome Fairview Addison Farmers Branch Grapevine Coppell Keller Westlake Irving Haslett Roanoke Trophy Club Ponder Northlake Krum Sanger Double Oak Copper Canyon Highland Village Lake Dallas Corinth Bartonville Argyle Flower Mound Southlake Aubrey Krugerville Little Elm Lakewood Village Cross Roads Oak Point Hebron Lewisville Carrollton Hickory Creek The Colony Plano McKinney Denton Dallas Frisco Shady Shores Prosper Fort Worth Celina Pilot Point Providence Village Artesia Paloma Creek Lantana Castle Hills Savannah PRIORITY STREAMS FOR DENTON AND SURROUNDING COUNTIES DENTON COUNTY PRIORITY STREAMS 100-YEAR FLOODPLAINS CITY LIMITS / URBANZIED AREAS MASTER-PLANNED COMMUNITY . 3 0 31.5 Miles Figure ES-1: Priority Streams PRIORITY STREAMS FOR DENTON AND SURROUNDING COUNTIES GREENBELT SYSTEM COMPONENTS Streams Within the Plan, approximately 1,225 miles of streams were identified as “priority streams”(Figure ES-1) both within Denton County and the adjoining Counties. These priority streams are significant contributors of water to the local water supply reservoirs. These streams are located in both urban and urbanizing areas, and in rural areas. Corridors along some of these streams already contain developments at or near the streams edge. Therefore, opportunities for greenbelt protection along these developed stream segments may be limited. Of special note, the Plan identifies those streams that will help maintain existing greenbelts and the streams that have an opportunity to restore connections to the existing greenbelt corridors. A compelling fact: it is much more cost effective to protect greenbelts and stream corridors now -- rather than restore greenbelts and stream corridors after they have been lost to nearby development. Existing Greenbelts Several of the priority streams are flanked with significant widths of vegetation typically consisting of a mixture of trees, shrubs, and herbaceous vegetation. These heavily vegetated streams are the existing greenbelts identified within the Plan. The graphic in Figure ES-2 shows the existing greenbelt inventory. Greenbelts serve a valuable function for all of us; they help filter and sequester storm water in the riparian zone before it enters the stream – thus slowing the flow and improving the quality of water entering the actual stream. Within Denton County, some agencies have set aside certain existing greenbelts, providing protection for water quality and riparian assets. Examples include already established linear parks, federal lands associated with the three major lakes within Denton County, and areas protected by ordinances, setbacks and dedications in the Cities of Denton and Lewisville, Town of Flower Mound, and the master-planned community of Lantana. However, a majority of the existing greenbelt opportunities lack mechanisms to protect their ecological and water quality functions. 7 “Greenbelts serve a valuable function - they help filter and sequester storm water in the riparian zone before it enters the stream - thus slowing flow and improve water quality.” 8 Ray Roberts Lake Grapevine Lake Lewisville LakeMONTAGUE COUNTYCOOKE COUNTYCOOKE COUNTYGRAYSON COUNTYCOOKE COUNTYWISE COUNTY GRAYSON COUNTYCOLLIN COUNTY WISE COUNTYTARRANTCOUNTY COLLIN COUNTYDALLAS COUNTY TARRANT COUNTYDALLAS COUNTYPecan Acres Blue Mound Lakewood Village Trophy Club Farmers Branch Carrollton Richardson BedfordHaltom City Haslet North Richland Hills Aubrey Pelican Bay Saginaw Coppell Justin New Fairview Northlake Ponder Rhome Roanoke Newark Hurst Keller Southlake Watauga Pilot Point Allen Denton Euless Flower Mound Grapevine Irving Lewisville University Park Bartonville Copper Canyon Corinth Corral City Cross Roads Dish Double Oak Highland Village Krugerville Krum Lake Dallas Oak Point Sanger Shady Shores Aurora Argyle Addison Azle Colleyville Westlake Dallas Lantana Fort Worth Briar Hebron Hickory Creek Providence Villlage Celina Savannah Frisco Plano Hackberry McKinney The Colony Little Elm Prosper Paloma Creek Paloma Creek South Castle Hills Artesia INVENTORY OF STREAMS WITH GREENBELT CHARACTERISTICS RIPARIAN CORRIDORS WITH GREENBELT CHARACTERISTICS RIPARIAN CORRIDORS LACKING GREENBELT CHARACTERISTICS DEVELOPED STREAM CORRIDOR DENTON COUNTY PROTECTED LANDS (MUNICIPAL, STATE, OR FEDERAL) 100-YEAR FLOODPLAINS !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!CITY LIMITS / URBANIZED AREAS !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!MASTER-PLANNED COMMUNITY . 3 0 31.5 Miles Figure ES-2: Greenbelt Inventory INVENTORY OF STREAMS WITH GREENBELT CHARACTERISTICS 9 GREENBELT SYSTEM OPPORTUNITIES A majority of the priority streams identified in the Plan lack diversity of vegetation to meet the usual qualifications for greenbelt status. The vegetation surrounding these priority streams has either been greatly reduced in species composition and width, or completely removed for agricultural pursuits or for some other land use. However, all is not lost; they are still worthy of being preserved for their riparian assets and benefits. Within the Plan, these stream segments are classified as Greenbelt Opportunities. These are the areas that need special attention and preservation to protect the quality of water and to ensure other benefits for future generations. Figure ES-4 identifies these Greenbelt Opportunities. These Greenbelt Opportunity streams may require modifications to adjacent land uses as well as implementing protection mechanisms. Stream Bank Stabilization 20 ft. 100 ft. Wa ter Quality Protection 100 ft. Prairie Wildlife 165 ft. Forest Wildlife Figure ES-3: Recommended Greenbelt Corridor Width, Courtesy Texas A&M Agrilife Extension Service Example land use modifications include allowing vegetation to reestablish within the riparian corridor, possibly limiting or exceeding cattle or other livestock from the stream corridor - - and for the long-term, providing for preservation of the riparian zone and a potential set-back for future development from the stream’s edge. Design parameters for the protection of streams are provided in the document. In summary, to protect the quality of water within local water supply reservoirs, preserving a 100-foot wide buffer or set-back from the top of stream bank is generally recommended, as illustrated in the Figure below. However, greenbelts of lesser width will yield significant benefits for water quality protection, for bank stabilization and for trails or other uses. Existing municipal ordinances in Denton County vary in specified width; and, some municipalities have different widths depending on the size of the stream. Each municipality in cooperation with development activity is encouraged to determine what is feasible for their purposes. 10 Ray Roberts Lake Lewisville Lake Grapevine LakeMONTAGUE COUNTYCOOKE COUNTYCOOKE COUNTYGRAYSON COUNTYCOOKE COUNTYWISE COUNTY GRAYSON COUNTYCOLLIN COUNTY WISE COUNTYTARRANTCOUNTY COLLIN COUNTYDALLAS COUNTY TARRANT COUNTYDALLAS COUNTYPecan Acres Blue Mound Lakewood Village Trophy Club Farmers Branch Carrollton Richardson BedfordHaltom City Haslet North Richland Hills Aubrey Pelican Bay Saginaw Coppell Justin New Fairview Northlake Ponder Rhome Roanoke Newark Hurst Keller Southlake Watauga Pilot Point Allen Denton Euless Flower Mound Grapevine Irving Lewisville University Park Bartonville Copper Canyon Corinth Corral City Cross Roads Dish Double Oak Highland Village Krugerville Krum Lake Dallas Oak Point Sanger Shady Shores Aurora Argyle Addison Azle Colleyville Westlake Dallas Lantana Fort Worth Briar Hebron Hickory Creek Providence Villlage Celina Savannah Frisco Plano Hackberry McKinney The Colony Little Elm Prosper Paloma Creek Paloma Creek South Castle Hills Artesia PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY LIMITED OPPORTUNITY DENTON COUNTY PRIORITY STREAMS 100-YEAR FLOODPLAINS PROTECTED LANDS (MUNICIPAL, STATE, OR FEDERAL)!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!CITY LIMITS / URBANIZED AREAS !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!MASTER-PLANNED COMMUNITY . 3 0 31.5 Miles Figure ES-4: Greenbelt Opportunities GREENBELT OPPORTUNITIES 11 PRIORITY WATERSHEDS AND STREAMS In the planning area, forty-one sub-watersheds to the Elm Fork of the Trinity River contribute flow directly to the three Denton County reservoirs. Within those 41 sub-watersheds, there are 73 named streams including the Elm Fork of the Trinity River. Each of the named streams, their tributaries, and their watersheds were ranked based on a high, medium, or low priority status, which translates to a timeline for implementing the Plan. The planning horizon associated with the prioritization rankings is: 1. High – 1-10 years 2. Medium – 10-20 years 3. Low – 20 years and beyond Of the 41 sub-watersheds, 11 were ranked as high priority; and, of the 73 named streams, 26 were identified as high priority streams. Figure ES-5 shows the priority status associated with the 41 sub-watersheds and the 73 name streams and their tributaries. As shown, the majority of the high priority watersheds and streams are near the three major reservoirs and the major urban centers within Denton County. The existing Greenbelts and Greenbelt Opportunities were then overlaid onto the prioritized watersheds and streams. This helps to identify the greenbelts in need of protection and/or preservation. Figure ES-6, on the following page, shows the highest priority watershed with existing Greenbelts and Greenbelt Opportunities identified. Each of the 41 sub- watersheds are identified in the Appendices with the existing Greenbelts and Greenbelt Opportunities shown. Figure ES-5 Watershed Priority Status 12 Lewis v illeLa ke T 1 CooperCreek PecanCree k We s t TPecan Cre e kWestPecan C r e e k West C an trellS lo u g hPecan Creek-Lewisville Lake Stewart Creek-Lewisville Lake Pecan Creek Middle Hickory Creek Timber Creek Cottonwood Branch-Lewisville Lake Lower Hickory Creek Culp Branch-Elm Fork Trinity River Moores Branch-Clear Creek Running Branch-Lewisville Lake Harmony Ranch-Lewisville Lake Upper Hickory Creek Denton Creek-Grapevine Lake Milam Creek-Clear Creek Headwaters Hickory Creek Watershed Name, Priority Score Pecan Creek-Lewisville Lake, 88.15 PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY LIMITED OPPORTUNITY Pecan Creek-Lewisville Lake Watershed (HUC 120301030902) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 22 of 41 Stream Name, Miles, Priority Score Cantrell Slough, 6, 86 Cooper Creek, 4, 86 Cooper Creek, 5, 90 Lewisville Lake T1, 3, 89 Pecan Creek West T, 6, 90 Pecan Creek West, 6, 87 Pecan Creek West, 7, 92 . 8,500 0 8,5004,250 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High Figure ES-6: Highest Priority Watershed Denton .Denton County Combined City and ETJ Limits City of Denton Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan Page 12 of 44 10,000 0 10,0005,000 Feet PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY LIMITED OPPORTUNITY COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION PROTECTED LANDS DENTON COUNTY Figure ES-7: City of Denton Greenbelt Opportunity To assist municipalities, the existing Greenbelts and Greenbelt Opportunities were superimposed onto their corporate limits and extra-territorial jurisdiction. As an example, Figure ES-7 shows the existing Greenbelts, Greenbelt Opportunities, and Developed Stream Corridors within the City of Denton. 13 IMPLEMENTATION Capturing the Enthusiasm - Realizing the Vision The Denton County Greenbelt Plan is not intended to be a regulatory document; rather, the goal for the Plan is to be a convenient guide to encourage and enable closer coordination among stakeholders. Therefore, successful implementation of the Plan, on a voluntary basis, will require strong leadership at all levels: support from County officials, and active support from local municipalities and dedicated citizens. A successful fulfillment of the Plan will depend on informed and supportive citizens and landowners, the stewardship of the County’s critical natural assets - private landowners own a majority of the greenbelt corridors in Denton County. The overall, long-term vision is to grow the economy of Denton County, conserving and preserving existing natural assets, while saving and connecting greenbelts. Implementing the Plan Greenbelt preservation will require a concerted effort from all stakeholders, each of which may have a different role. Denton County, as well as the local municipalities have a distinct role in implementing the Plan - these entities can enact ordinances, zoning requirements or other measures that will protect greenbelt corridors within their respective jurisdictions. In addition, they can provide funding for greenbelt preservation by issuing bonds or obtaining grants. Non-profit organizations, such as the Upper Trinity Conservation Trust, and other natural resource agencies can also obtain grant funding for projects that would especially benefit landowners and other citizens through public outreach efforts. Opportunities for leadership exist - champions for greenbelt preservation. As part of the implementation, it is recommended that a Coordinating Committee be established. To keep all stakeholders informed and connected, the Committee will have an important role - The coordinating committee would be charged with keeping all stakeholders informed and connected. The committee will have an important role in the plan’s implementations as well as facilitating momentum. To address the goal for protecting valuable watershed assets, the Plan outlines various strategies to consider in preserving greenbelts. •Tools to facilitate preservation of Greenbelts within municipal and County jurisdictions, •Tools for landowners to consider for greenbelt preservation efforts, and •Funding and acquisition opportunities to help save and connect Greenbelts. Benefits of Greenbelts Potential benefits afforded to Denton County and its communities from the preservation of Greenbelts are numerous and quantifiable: •Conserve the quality of water entering Denton County’s water supply reservoirs, the sources of our drinking water, as the County is rapidly urbanizing, •Increase the quality of life for Denton County residents - - by providing nature-based recreational and educational opportunities, •Rather than barriers, greenbelts enable increased connections for both people and wildlife, •Add zest to neighborhoods and enhance property values, •Healthy tree roots and other vegetative material help protect homes and property by stabilizing and protecting stream banks from erosion potential, •Increase appreciation for environmental matters through nature- based educational opportunities, •Preserve the cultural, historical and natural landscapes of Denton County, and •Safeguard habitat for native plants, animals and aquatic species. Promoting and Developing Demand for Greenbelts Education and outreach programs about greenbelts and the importance of conserving greenbelt corridors will be imperative for the success of preserving these critical resources. Within the Plan, numerous strategies are identified to provide education and outreach. The principal purpose for these efforts are to generate demand and citizen interest for greenbelts. These strategies include: Greenbelt Protection Measures Protection measures need to be implemented to preserve the identified greenbelt corridors into the foreseeable future. Numerous regulations are in place on the federal and state level that protects aspects of streams; however, those regulations do not provide protections to the vegetation associated with greenbelts per se. Certain municipalities within Denton County have enacted ordinances specifically to offer protections to greenbelts. Examples include the Cities of Denton and Lewisville, and the Town of Flower Mound have ordinances in place to provide protections to Greenbelt corridors. Ordinances, in conjunction with State and Federal regulations, are excellent vehicles for protecting Greenbelts. The Plan offers other preservation measures to consider that are not necessarily regulatory in nature. These include the establishment of Greenbelt Districts, Purchase of Development Rights, Conservation 14 Strategy 1 – Establish a brand for the plan – Denton County For The Future Strategy 2 – Create campaigns to promote Greenbelt awareness and preservation in Denton County and adjoining counties. Strategy 3 – Educate, raise awareness, and increase citizen involvement in the Greenbelt preservation efforts across the County. Strategy 4 – Collaborate with Government and Non-Government agencies and organizations to support the Greenbelt Preservation efforts. 15 Easements, Mitigation Banking Opportunities, In-Lieu Fee Programs, and Property Tax Exemptions. Non-profit organizations, such as the Upper Trinity Conservation Trust, specialize in these types of protection measures and can partner with the various stakeholders in Denton County to implement these needed protection measures. Specifics about these voluntary programs are outlined in the Plan. Greenbelt Preservation for Landowners The majority of the land occupied with existing greenbelts and Greenbelt Opportunities in Denton County is in private ownership. These landowners are key to protecting existing greenbelts on their property, as well as enable connection of Greenbelt Opportunity corridors. The Plan offers several land management suggestions for landowners to protect water quality entering the receiving streams. Management suggestions include: •Grazing Management •Cropland Management •Riparian Corridor Restoration •Invasive Species Management Funding Numerous funding opportunities are available to assist in the preservation of Greenbelts, including bonds, grants, and donations. Specific funding opportunities outlined in the Plan include: •General Obligation Bonds •Community Development Block Grants •Development Dedications •Recreation Grants •Highway Grants •319 Grants •Public Private Partnerships •Donations Other opportunities may be available that are not included in the Plan, any funding opportunity that can be applied for greenbelt protection purposes should not be discounted. FINDING A BALANCE Finding a balance between growth and conservation in Denton County will be a challenge. The Denton County Greenbelt Plan is a step in the direction toward finding that balance. With the existing and priority Greenbelt Corridors identified, municipal and County leaders have the tools needed to know what assets are available for protection. Also, with the Greenbelt Corridors identified, Developers have the locations of the priority Greenbelts to consider in their development plans. Finally, the landowners who have priority Greenbelt corridors located on their property have tools and mechanisms available to improve water quality and stream function within their property. Denton County is at a point of great opportunity. Now is the time to preserve its natural assets while sustaining economic growth for the next generations to come. 16 Denton CountyGreenbelt Plan For the Future DENTON COUNTY GREENBELT PLAN For The Future 2 Acknowledgements 5 Foreword from Upper Trinity Conservation Trust 6 Foreword from Denton County 7 Foreword from Upper Trinity Regional Water District 8 Executive Summary 9 Chapter 1 – Introduction 21 What is a Greenbelt? 24 Vision Statement for the Greenbelt Plan 25 Benefits of Greenbelts 25 Guiding Principals 27 Chapter 2 – Denton County 29 Brief History of Denton County 31 Ecology of Denton County 33 Wildlife within Denton County 37 Aquatic Resources within Denton County 39 Rivers and Streams 39 Lakes and Reservoirs 41 Chapter 3 – Planning Process 45 Overview of the Planning Process 47 Stakeholders and Interested Parties to the Planning Effort 47 Municipal and County Stakeholders 47 North Central Texas Council of Governments 48 United States Government – U.S. Army Corps of Engineers, U.S. Forest Service, and Natural Resources Conservation Service 53 Texas Parks and Wildlife Department 54 The Greenbelt Alliance of Denton County 54 Texas A&M Forest Service 54 Texas Department of Transportation and North Texas Tollway Authority 55 Denton County Soil and Water Conservation District 55 Texas A&M AgriLife Extension Service 55 General Public and Special Interest Groups 55 Existing Assets in Denton County 56 Needs Identification 59 Public Participation 59 Information Gathering and Public Participation Events 60 Social Media and Electronic Information Dissemination Efforts 66 On-Line Survey 67 Face-to-Face Meetings 68 Chapter 4 – Greenbelt Plan 71 Priority Watershed Descriptions 73 Priority Watershed Number One 82 Priority Watershed Number Two 83 Priority Watershed Number Three 84 Priority Watershed Number Four 85 Priority Watershed Number Five 86 Chapter 5 – Implementation Strategies 88 Interest and Demand for Greenbelts 90 Logo and Tag line 90 Brochures 91 Public Awareness Campaigns 91 Water Bill Inserts 92 Ambassadors for Greenbelts Programs 92 Public Speaking Engagements 92 Greenspace Advisory Committee 92 Recognition Programs (Awards and Endorsements) 92 Outings 92 Comment Letters 93 School Education Curricula 93 Training Programs 93 Summary 93 Protection Measures for Greenbelts 94 National Pollutant Elimination Discharge System Program 94 Environmental Regulations and Guidelines 95 Ordinances 95 Property Tax Exemptions 96 Greenbelt Districts 96 3 Table of Contents Chapter 5 – Continued Purchase of Development Rights 96 Conservation Easements 96 Mitigation Banking 98 In-Lieu Fee Programs 98 Summary 98 Water Quality Protection for Private Land Owners 99 Grazing 99 Cropland Management 100 Greenbelt and Stream Corridor Stewardship 101 Invasive Species Management 101 Additional Resources 101 Funding for Greenbelts 102 General Obligation Bonds 102 Community Development Block Grants 102 Development Dedications 102 Texas Parks and Wildlife Parks and Recreation Grants 102 Federal Highway Administration Recreational Trails Program 103 Clean Water Act Section 319 Grants 103 Private and Public Partnerships 103 Donations 104 Chapter 6 – Greenbelt Design Criteria and Standards 106 Greenbelt Corridor Recommendations 108 Greenbelt Corridor Width 108 Greenbelt Connectivity 108 Greenbelt Maintenance 109 Greenbelt Access 109 Appendix 110 Appendix A Technical Memorandum - Priority Classification 112 Appendix B Watershed and Stream Priority Classification 116 Appendix C Greenbelt Opportunity with Jurisdictional Overlay 140 Appendix D Toolbox of Implementation Strategies 162 Appendix E Land Trust Alliance Tax Incentive Brochure 172 Appendix F Greenbelt Trail Standards 174 Appendix G Conservation Development and Strategies 184 4 Table of Contents Continued 5 Acknowledgements Denton County Greenbelt Plan Sponsors Denton County Denton County, under leadership of the County Judge and Commissioners, provides planning and other services for the rural and urban areas of the County; and, coordinates transportation and public works needs among communities as the population continues to grow - - while keeping sustainability, environmental protection, and quality of life as priorities. Upper Trinity Regional Water District Upper Trinity Regional Water District was created by the Texas Legislature in 1989 for the benefit of cities and utilities in the Denton County area. Its mandate is to develop regional plans for water and wastewater services on a wholesale basis to cities and utilities in the Denton County area. Upper Trinity is a leader in public education about water conservation and water quality protection. Upper Trinity Conservation Trust Created as a nonprofit 501(c)(3) land trust in 2010 by the Upper Trinity Regional Water District Board of Directors, the Conservation Trust works with communities, landowners and developers to preserve natural watershed and riparian assets within the catch basins of the District’s water supply sources. The mission of the Trust is to promote the conservation and stewardship of land and water resources through educational activities, coordination with local governments, and the acquisition of land and conservation easements - - protecting water quality in our water supply basins for future generations. Acknowledgements Many stakeholders participated and contributed to the development of the Denton County Greenbelt Plan - - some by participating in public meetings and others through the website or online surveys. The Plan Sponsors would like to express appreciation to all stakeholders who participated. Active stakeholders included: - Denton County Residents - City / Town Officials and Staff - University of North Texas – Lewisville Lake Environmental Learning Area - Greenbelt Alliance - North Central Texas Council of Governments - Texas A&M AgriLife Extension Service – Denton County - Texas A&M Forest Service - Texas Department of Transportation - Texas Master Naturalists - Texas Parks and Wildlife Department - Trust for Public Land - and more! Many thanks to the consultant team: Alan Plummer Associates, Inc. Schrickel, Rollins and Associates, Inc. 6 Foreword from Upper Trinity Conservation Trust As land continues to be developed in Denton County, converting farms and ranches into communities, it’s important to remember the role and benefits of creeks and waterways - - not only as a source of water for farm animals and wildlife, but also as a source of drinking water for our growing communities. Preserving the natural areas (greenbelts) adjacent to the creeks and other waterways is vital to having dependable, clean drinking water. As water flows across the land, these greenbelts help filter out harmful pollutants before the water enters the creeks and lakes, protecting the quality of water. The Denton County Greenbelt Plan helps set a common vision for preserving greenbelts; and, it provides strategies for stakeholders (municipalities, developers, landowners and residents) to use in protecting these valuable natural assets. Within the mission of Upper Trinity Conservation Trust, one strategy for protecting these assets is through conservation easements. Conservation easements offer a convenient way to preserve valuable watershed areas and greenbelts - - also, wildlife habitat and family heritage lands. Conservation easements are voluntary agreements between a landowner and a qualified land trust that enables a landowner to retain possession while protecting a designated area in perpetuity. As a nonprofit land trust, Upper Trinity Conservation Trust is available to accept conservation easements from landowners, developers and municipalities that desire to protect greenbelts and other watershed lands. Easement donors can enjoy a valuable partnership with the Trust who can help them carry out their goals that they have for their land. The voluntary nature of the Denton County Greenbelt Plan will ensure that the municipalities, developers and others implementing it are doing so because of the great economic, environmental and social benefits for everyone in Denton County. Together, we can preserve the quality of our environment and life in Denton County and leave a legacy for future generations. Trent Lewis President Upper Trinity Conservation Trust 7 Foreword from Denton County Denton County is one of the best places to live, work and raise a family. Just take a look around: a strong local economy, thriving communities, excellent educational institutions, and a rich history, and beautiful landscapes. Over the next several years, Denton County’s population is expected to surpass one million people, making the County the fifth fastest growing in the State. As our County transitions to a more urban setting, we should be mindful of potential impacts on our quality of life, and to the environment, especially to protection of water quality in our local lakes - - a key source for our drinking water. The County’s long-term prosperity and success depends on an adequate and safe drinking water supply; without it, our economy cannot grow or prosper. Maintaining precious natural assets, such as greenbelts, is important to the safety and security of our water supply, and to the quality of life that residents have come to expect in Denton County. If left in their natural condition, greenbelts (the vegetated areas along creeks and streams) offer many benefits and provide a buffer between homes and the neighboring creeks. Greenbelts also provide recreational and educational opportunities to residents; and, help filter out harmful pollutants before reaching the creek. Denton County is proud to be a sponsor of the Denton County Greenbelt Plan - - a voluntary guide to preserving and protecting local greenbelt areas. The Plan offers a common vision in preserving these natural assets; and, will help coordinate the roles that municipalities, developers, landowners and other stakeholders have in protecting greenbelts. Each of us can have a role in preserving and protecting greenbelts - - now, and for future generations! A coordinating committee will help champion and oversee implementation of the Plan. The mission of the Committee will be to encourage, and work with, the many stakeholders to pursue the most effective strategies for preservation of greenbelts throughout the County. The committee will be diverse and represent the many stakeholders that makes our County so unique. Together, we can make a difference to ensure our economy continues to grow, while preserving important greenbelt areas and protecting our valuable water supply. Now is the time to protect our natural resource assets for future generations! Mary Horn Denton County Judge 8 Foreword from Upper Trinity Regional water district Local communities are knitted together by the many water courses that extend into and through neighborhoods, transporting water to the nearest creek or lake - - the sources of our drinking water. Please, an alert! As our region transforms from a largely rural setting to one with more urban character, it is urgent that we consider the effect on water quality and our water supply. At Upper Trinity Regional Water District, a priority goal is to safeguard our local water resources and the quality of life “right where we live”. To reach the goal, we need your help. Now is the time to preserve natural waterways and to protect water quality in local watersheds. Greenbelts and flood plains; streams and waterways; riparian lands and wetlands - - all are irreplaceable assets. Greenbelts help protect creeks and lakes by filtering out pollutants, such as sediment, pesticides and fertilizer. Also, greenbelts are an important buffer during flood events. These critical functions are the focus of the Denton County Greenbelt Plan - - helping protect and safeguard these assets for the future. Good news: it costs very little to protect existing watershed assets - - if we do it now. In contrast, it would cost a fortune to try to restore greenbelts later, if the watershed were allowed to become impaired. In some cases, greenbelts can help enhance the quality of life for residents by enabling hike and bike trails. Typically, greenbelts also help improve property values for nearby homes. The Greenbelt Plan will serve as a useful guide for municipalities, landowners and developers for voluntary implementation of greenbelts areas. The Plan encourages stakeholders to coordinate the planning and preservation of multi-use greenbelts according to a common vision. If you appreciate natural greenbelt areas, we urge you to get involved, to volunteer to help. Please join in the effort to achieve sustainability of greenbelt assets in Denton County, and enhance the quality of life for all residents. If we each do our part well, just think of the legacy you can leave for future generations! Thomas E. Taylor Executive Director Upper Trinity Regional Water District DENTON COUNTY AT A POINT OF GREAT OPPORTUNITY Denton County is growing - FAST. In less than 25 years, the population of Denton County is projected to be over 1.4 million, or double its current population. With growth, land uses will change. The rural character of the County will likely transform to urban and suburban land uses similar to what is occurring in neighboring Counties. As developable space becomes a premium, the County’s streams, creeks, and other aquatic resources will be stressed from these impending land-use changes. Now is the time to initiate cooperative efforts for the protection of Denton County’s water resources, especially its streams, creeks, and the Elm Fork of the Trinity River – the sources for our drinking water. To address the foreseeable land use changes, the Upper Trinity Conservation Trust, Denton County, and Upper Trinity Regional Water District commissioned a study to inventory and analyze greenbelts along the County’s major streams and the Elm Fork of the Trinity River. The major emphasis for this study was to identify existing greenbelts, opportunities for developing and expanding greenbelt corridors, and to categorize and prioritize area streams and watersheds for greenbelt preservation. This document summarizes those efforts with the overarching goal “to protect the water quality entering Denton County’s three primary drinking water supply reservoirs – Lewisville Lake, Ray Roberts Lake, and Grapevine Lake.” Of course, once preserved, a greenbelt offers community benefits far beyond just protection of water quality. Such drainageways flow through all communities, with many opportunities to benefit neighborhoods and Denton County as a whole. The purpose for the Denton County Greenbelt Plan (“the Plan”) is to assist in protecting the greenbelts along and associated with streams that flow into the local water supply reservoirs. The Plan is not intended to be a regulatory document; rather, a convenient guide to encourage and enable closer coordination among stakeholders. Stakeholders include Denton County’s municipalities, developers, citizens, and land owners. It is important to recognize the importance of our waterways and associated riparian zones, and to acknowledge the priority streams identified within the Plan. Implementation strategies are provided in the Plan to help protect the identified priority greenbelt corridors and streams for the foreseeable future. The following are highlights of the Denton County Greenbelt Plan. 9 “A greenbelt is defined as a vegetated portion of land typically adjacent to area streams, creeks, rivers or lakes that is set aside for preservation purposes.” “The vision for the Greenbelt Plan is to grow the economy of Denton County while conserving and preserving its existing Greenbelt assets as well as expanding Greenbelt assets throughout the County.” executive summary 10 Ray Roberts Lake Lewisville Lake Grapevine LakeMONTAGUE COUNTYCOOKE COUNTYCOOKE COUNTYGRAYSON COUNTYCOOKE COUNTYWISE COUNTY GRAYSON COUNTYCOLLIN COUNTY WISE COUNTYTARRANT COUNTY COLLIN COUNTYDALLAS COUNTY TARRANT COUNTYDALLAS COUNTYCorral City Marshall Creek Justin Rhome Fairview Addison Farmers Branch Grapevine Coppell Keller Westlake Irving Haslett Roanoke Trophy Club Ponder Northlake Krum Sanger Double Oak Copper Canyon Highland Village Lake Dallas Corinth Bartonville Argyle Flower Mound Southlake Aubrey Krugerville Little Elm Lakewood Village Cross Roads Oak Point Hebron Lewisville Carrollton Hickory Creek The Colony Plano McKinney Denton Dallas Frisco Shady Shores Prosper Fort Worth Celina Pilot Point Providence Village Artesia Paloma Creek Lantana Castle Hills Savannah PRIORITY STREAMS FOR DENTON AND SURROUNDING COUNTIES DENTON COUNTY PRIORITY STREAMS 100-YEAR FLOODPLAINS CITY LIMITS / URBANZIED AREAS MASTER-PLANNED COMMUNITY . 3 0 31.5 Miles Figure ES-1: Priority Streams PRIORITY STREAMS FOR DENTON AND SURROUNDING COUNTIES GREENBELT SYSTEM COMPONENTS Streams Within the Plan, approximately 1,225 miles of streams were identified as “priority streams”(Figure ES-1) both within Denton County and the adjoining Counties. These priority streams are significant contributors of water to the local water supply reservoirs. These streams are located in both urban and urbanizing areas, and in rural areas. Corridors along some of these streams already contain developments at or near the streams edge. Therefore, opportunities for greenbelt protection along these developed stream segments may be limited. Of special note, the Plan identifies those streams that will help maintain existing greenbelts and the streams that have an opportunity to restore connections to the existing greenbelt corridors. A compelling fact: it is much more cost effective to protect greenbelts and stream corridors now -- rather than restore greenbelts and stream corridors after they have been lost to nearby development. Existing Greenbelts Several of the priority streams are flanked with significant widths of vegetation typically consisting of a mixture of trees, shrubs, and herbaceous vegetation. These heavily vegetated streams are the existing greenbelts identified within the Plan. The graphic in Figure ES-2 shows the existing greenbelt inventory. Greenbelts serve a valuable function for all of us; they help filter and sequester storm water in the riparian zone before it enters the stream – thus slowing the flow and improving the quality of water entering the actual stream. Within Denton County, some agencies have set aside certain existing greenbelts, providing protection for water quality and riparian assets. Examples include already established linear parks, federal lands associated with the three major lakes within Denton County, and areas protected by ordinances, setbacks and dedications in the Cities of Denton and Lewisville, Town of Flower Mound, and the master-planned community of Lantana. However, a majority of the existing greenbelt opportunities lack mechanisms to protect their ecological and water quality functions. 11 “Greenbelts serve a valuable function - they help filter and sequester storm water in the riparian zone before it enters the stream - thus slowing flow and improve water quality.” 12 Ray Roberts Lake Grapevine Lake Lewisville LakeMONTAGUE COUNTYCOOKE COUNTYCOOKE COUNTYGRAYSON COUNTYCOOKE COUNTYWISE COUNTY GRAYSON COUNTYCOLLIN COUNTY WISE COUNTYTARRANTCOUNTY COLLIN COUNTYDALLAS COUNTY TARRANT COUNTYDALLAS COUNTYPecan Acres Blue Mound Lakewood Village Trophy Club Farmers Branch Carrollton Richardson BedfordHaltom City Haslet North Richland Hills Aubrey Pelican Bay Saginaw Coppell Justin New Fairview Northlake Ponder Rhome Roanoke Newark Hurst Keller Southlake Watauga Pilot Point Allen Denton Euless Flower Mound Grapevine Irving Lewisville University Park Bartonville Copper Canyon Corinth Corral City Cross Roads Dish Double Oak Highland Village Krugerville Krum Lake Dallas Oak Point Sanger Shady Shores Aurora Argyle Addison Azle Colleyville Westlake Dallas Lantana Fort Worth Briar Hebron Hickory Creek Providence Villlage Celina Savannah Frisco Plano Hackberry McKinney The Colony Little Elm Prosper Paloma Creek Paloma Creek South Castle Hills Artesia INVENTORY OF STREAMS WITH GREENBELT CHARACTERISTICS RIPARIAN CORRIDORS WITH GREENBELT CHARACTERISTICS RIPARIAN CORRIDORS LACKING GREENBELT CHARACTERISTICS DEVELOPED STREAM CORRIDOR DENTON COUNTY PROTECTED LANDS (MUNICIPAL, STATE, OR FEDERAL) 100-YEAR FLOODPLAINS !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!CITY LIMITS / URBANIZED AREAS !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!MASTER-PLANNED COMMUNITY . 3 0 31.5 Miles Figure ES-2: Greenbelt Inventory INVENTORY OF STREAMS WITH GREENBELT CHARACTERISTICS 13 GREENBELT SYSTEM OPPORTUNITIES A majority of the priority streams identified in the Plan lack diversity of vegetation to meet the usual qualifications for greenbelt status. The vegetation surrounding these priority streams has either been greatly reduced in species composition and width, or completely removed for agricultural pursuits or for some other land use. However, all is not lost; they are still worthy of being preserved for their riparian assets and benefits. Within the Plan, these stream segments are classified as Greenbelt Opportunities. These are the areas that need special attention and preservation to protect the quality of water and to ensure other benefits for future generations. Figure ES-4 identifies these Greenbelt Opportunities. These Greenbelt Opportunity streams may require modifications to adjacent land uses as well as implementing protection mechanisms. Stream Bank Stabilization 20 ft. 100 ft. Wa ter Quality Protection 100 ft. Prairie Wildlife 165 ft. Forest Wildlife Figure ES-3: Recommended Greenbelt Corridor Width, Courtesy Texas A&M Agrilife Extension Service Example land use modifications include allowing vegetation to reestablish within the riparian corridor, possibly limiting or exceeding cattle or other livestock from the stream corridor - - and for the long-term, providing for preservation of the riparian zone and a potential set-back for future development from the stream’s edge. Design parameters for the protection of streams are provided in the document. In summary, to protect the quality of water within local water supply reservoirs, preserving a 100-foot wide buffer or set-back from the top of stream bank is generally recommended, as illustrated in the Figure below. However, greenbelts of lesser width will yield significant benefits for water quality protection, for bank stabilization and for trails or other uses. Existing municipal ordinances in Denton County vary in specified width; and, some municipalities have different widths depending on the size of the stream. Each municipality in cooperation with development activity is encouraged to determine what is feasible for their purposes. 14 Ray Roberts Lake Lewisville Lake Grapevine LakeMONTAGUE COUNTYCOOKE COUNTYCOOKE COUNTYGRAYSON COUNTYCOOKE COUNTYWISE COUNTY GRAYSON COUNTYCOLLIN COUNTY WISE COUNTYTARRANTCOUNTY COLLIN COUNTYDALLAS COUNTY TARRANT COUNTYDALLAS COUNTYPecan Acres Blue Mound Lakewood Village Trophy Club Farmers Branch Carrollton Richardson BedfordHaltom City Haslet North Richland Hills Aubrey Pelican Bay Saginaw Coppell Justin New Fairview Northlake Ponder Rhome Roanoke Newark Hurst Keller Southlake Watauga Pilot Point Allen Denton Euless Flower Mound Grapevine Irving Lewisville University Park Bartonville Copper Canyon Corinth Corral City Cross Roads Dish Double Oak Highland Village Krugerville Krum Lake Dallas Oak Point Sanger Shady Shores Aurora Argyle Addison Azle Colleyville Westlake Dallas Lantana Fort Worth Briar Hebron Hickory Creek Providence Villlage Celina Savannah Frisco Plano Hackberry McKinney The Colony Little Elm Prosper Paloma Creek Paloma Creek South Castle Hills Artesia PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY LIMITED OPPORTUNITY DENTON COUNTY PRIORITY STREAMS 100-YEAR FLOODPLAINS PROTECTED LANDS (MUNICIPAL, STATE, OR FEDERAL)!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!CITY LIMITS / URBANIZED AREAS !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!MASTER-PLANNED COMMUNITY . 3 0 31.5 Miles Figure ES-4: Greenbelt Opportunities GREENBELT OPPORTUNITIES 15 PRIORITY WATERSHEDS AND STREAMS In the planning area, forty-one sub-watersheds to the Elm Fork of the Trinity River contribute flow directly to the three Denton County reservoirs. Within those 41 sub-watersheds, there are 73 named streams including the Elm Fork of the Trinity River. Each of the named streams, their tributaries, and their watersheds were ranked based on a high, medium, or low priority status, which translates to a timeline for implementing the Plan. The planning horizon associated with the prioritization rankings is: 1. High – 1-10 years 2. Medium – 10-20 years 3. Low – 20 years and beyond Of the 41 sub-watersheds, 11 were ranked as high priority; and, of the 73 named streams, 26 were identified as high priority streams. Figure ES-5 shows the priority status associated with the 41 sub-watersheds and the 73 name streams and their tributaries. As shown, the majority of the high priority watersheds and streams are near the three major reservoirs and the major urban centers within Denton County. The existing Greenbelts and Greenbelt Opportunities were then overlaid onto the prioritized watersheds and streams. This helps to identify the greenbelts in need of protection and/or preservation. Figure ES-6, on the following page, shows the highest priority watershed with existing Greenbelts and Greenbelt Opportunities identified. Each of the 41 sub- watersheds are identified in the Appendices with the existing Greenbelts and Greenbelt Opportunities shown. Figure ES-5 Watershed Priority Status 16 Lewis v illeLa ke T 1 CooperCreek PecanCree k We s t TPecan Cre e kWestPecan C r e e k West C an trellS lo u g hPecan Creek-Lewisville Lake Stewart Creek-Lewisville Lake Pecan Creek Middle Hickory Creek Timber Creek Cottonwood Branch-Lewisville Lake Lower Hickory Creek Culp Branch-Elm Fork Trinity River Moores Branch-Clear Creek Running Branch-Lewisville Lake Harmony Ranch-Lewisville Lake Upper Hickory Creek Denton Creek-Grapevine Lake Milam Creek-Clear Creek Headwaters Hickory Creek Watershed Name, Priority Score Pecan Creek-Lewisville Lake, 88.15 PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY LIMITED OPPORTUNITY Pecan Creek-Lewisville Lake Watershed (HUC 120301030902) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 22 of 41 Stream Name, Miles, Priority Score Cantrell Slough, 6, 86 Cooper Creek, 4, 86 Cooper Creek, 5, 90 Lewisville Lake T1, 3, 89 Pecan Creek West T, 6, 90 Pecan Creek West, 6, 87 Pecan Creek West, 7, 92 . 8,500 0 8,5004,250 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High Figure ES-6: Highest Priority Watershed Denton .Denton County Combined City and ETJ Limits City of Denton Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan Page 12 of 44 10,000 0 10,0005,000 Feet PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY LIMITED OPPORTUNITY COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION PROTECTED LANDS DENTON COUNTY Figure ES-7: City of Denton Greenbelt Opportunity To assist municipalities, the existing Greenbelts and Greenbelt Opportunities were superimposed onto their corporate limits and extra-territorial jurisdiction. As an example, Figure ES-7 shows the existing Greenbelts, Greenbelt Opportunities, and Developed Stream Corridors within the City of Denton. 17 IMPLEMENTATION Capturing the Enthusiasm - Realizing the Vision The Denton County Greenbelt Plan is not intended to be a regulatory document; rather, the goal for the Plan is to be a convenient guide to encourage and enable closer coordination among stakeholders. Therefore, successful implementation of the Plan, on a voluntary basis, will require strong leadership at all levels: support from County officials, and active support from local municipalities and dedicated citizens. A successful fulfillment of the Plan will depend on informed and supportive citizens and landowners, the stewardship of the County’s critical natural assets - private landowners own a majority of the greenbelt corridors in Denton County. The overall, long-term vision is to grow the economy of Denton County, conserving and preserving existing natural assets, while saving and connecting greenbelts. Implementing the Plan Greenbelt preservation will require a concerted effort from all stakeholders, each of which may have a different role. Denton County, as well as the local municipalities have a distinct role in implementing the Plan - these entities can enact ordinances, zoning requirements or other measures that will protect greenbelt corridors within their respective jurisdictions. In addition, they can provide funding for greenbelt preservation by issuing bonds or obtaining grants. Non-profit organizations, such as the Upper Trinity Conservation Trust, and other natural resource agencies can also obtain grant funding for projects that would especially benefit landowners and other citizens through public outreach efforts. Opportunities for leadership exist - champions for greenbelt preservation. As part of the implementation, it is recommended that a Coordinating Committee be established. To keep all stakeholders informed and connected, the Committee will have an important role - The coordinating committee would be charged with keeping all stakeholders informed and connected. The committee will have an important role in the plan’s implementations as well as facilitating momentum. To address the goal for protecting valuable watershed assets, the Plan outlines various strategies to consider in preserving greenbelts. •Tools to facilitate preservation of Greenbelts within municipal and County jurisdictions, •Tools for landowners to consider for greenbelt preservation efforts, and •Funding and acquisition opportunities to help save and connect Greenbelts. Benefits of Greenbelts Potential benefits afforded to Denton County and its communities from the preservation of Greenbelts are numerous and quantifiable: •Conserve the quality of water entering Denton County’s water supply reservoirs, the sources of our drinking water, as the County is rapidly urbanizing, •Increase the quality of life for Denton County residents - - by providing nature-based recreational and educational opportunities, •Rather than barriers, greenbelts enable increased connections for both people and wildlife, •Add zest to neighborhoods and enhance property values, •Healthy tree roots and other vegetative material help protect homes and property by stabilizing and protecting stream banks from erosion potential, •Increase appreciation for environmental matters through nature- based educational opportunities, •Preserve the cultural, historical and natural landscapes of Denton County, and •Safeguard habitat for native plants, animals and aquatic species. Promoting and Developing Demand for Greenbelts Education and outreach programs about greenbelts and the importance of conserving greenbelt corridors will be imperative for the success of preserving these critical resources. Within the Plan, numerous strategies are identified to provide education and outreach. The principal purpose for these efforts are to generate demand and citizen interest for greenbelts. These strategies include: Greenbelt Protection Measures Protection measures need to be implemented to preserve the identified greenbelt corridors into the foreseeable future. Numerous regulations are in place on the federal and state level that protects aspects of streams; however, those regulations do not provide protections to the vegetation associated with greenbelts per se. Certain municipalities within Denton County have enacted ordinances specifically to offer protections to greenbelts. Examples include the Cities of Denton and Lewisville, and the Town of Flower Mound have ordinances in place to provide protections to Greenbelt corridors. Ordinances, in conjunction with State and Federal regulations, are excellent vehicles for protecting Greenbelts. The Plan offers other preservation measures to consider that are not necessarily regulatory in nature. These include the establishment of Greenbelt Districts, Purchase of Development Rights, Conservation 18 Strategy 1 – Establish a brand for the plan – Denton County For The Future Strategy 2 – Create campaigns to promote Greenbelt awareness and preservation in Denton County and adjoining counties. Strategy 3 – Educate, raise awareness, and increase citizen involvement in the Greenbelt preservation efforts across the County. Strategy 4 – Collaborate with Government and Non-Government agencies and organizations to support the Greenbelt Preservation efforts. 19 Easements, Mitigation Banking Opportunities, In-Lieu Fee Programs, and Property Tax Exemptions. Non-profit organizations, such as the Upper Trinity Conservation Trust, specialize in these types of protection measures and can partner with the various stakeholders in Denton County to implement these needed protection measures. Specifics about these voluntary programs are outlined in the Plan. Greenbelt Preservation for Landowners The majority of the land occupied with existing greenbelts and Greenbelt Opportunities in Denton County is in private ownership. These landowners are key to protecting existing greenbelts on their property, as well as enable connection of Greenbelt Opportunity corridors. The Plan offers several land management suggestions for landowners to protect water quality entering the receiving streams. Management suggestions include: •Grazing Management •Cropland Management •Riparian Corridor Restoration •Invasive Species Management Funding Numerous funding opportunities are available to assist in the preservation of Greenbelts, including bonds, grants, and donations. Specific funding opportunities outlined in the Plan include: •General Obligation Bonds •Community Development Block Grants •Development Dedications •Recreation Grants •Highway Grants •319 Grants •Public Private Partnerships •Donations Other opportunities may be available that are not included in the Plan, any funding opportunity that can be applied for greenbelt protection purposes should not be discounted. FINDING A BALANCE Finding a balance between growth and conservation in Denton County will be a challenge. The Denton County Greenbelt Plan is a step in the direction toward finding that balance. With the existing and priority Greenbelt Corridors identified, municipal and County leaders have the tools needed to know what assets are available for protection. Also, with the Greenbelt Corridors identified, Developers have the locations of the priority Greenbelts to consider in their development plans. Finally, the landowners who have priority Greenbelt corridors located on their property have tools and mechanisms available to improve water quality and stream function within their property. Denton County is at a point of great opportunity. Now is the time to preserve its natural assets while sustaining economic growth for the next generations to come. 20 Chapter One: Introduction 21 22 23 Denton County’s population has steadily increased over the decades - except during the 1930’s and 1940’s. Since the 1980’s, Denton County has experienced extremely rapid growth and urbanization. Currently, Denton County’s population is estimated to be 753,363. 1. “News Release: GDP by Metropolitan Area, Advance 2011, and Revised 2001-2010” www.bea.gov 2. http://www.regioncwater.org/ accessed November 2, 2015. 3. http://www.census.gov/quickfacts/table/PST045215/48121 accessed July 1, 2015. Figure 1: Denton County Populatation Estimates from U.S. Census Bureau Data Denton County, one of the 16 counties that make up the Dallas-Fort Worth (DFW) Metroplex, is rapidly urbanizing. Growth and development is expected to continue into the foreseeable future. The U.S. census bureau graph (Figure 1) illustrates recent significant growth that has occurred in the last decade. The County is transforming from a largely agricultural and ranching setting to one with a more urban character. The majority of this growth is attributed to the DFW Metroplex being one of the largest economic hubs within Texas, attracting businesses and development to the region. 1 According to the 2012 Region C Water Plan 2, the population of Denton County is projected to nearly double by 2040 to about 1.4 million people and is anticipated to eclipse the one million mark by 2030. Based on this projected population increase, developed land within Denton County can be expected to nearly double, which can have a significant deleterious effect on the County’s creeks, streams, and rivers, if left unchecked. Chapter One: Introduction WHAT IS A GREENBELT? For the Plan, a Greenbelt is defined as land typically adjacent to area streams, creeks, rivers, or lakes (aquatic resource) that is vegetated (with trees, shrubs, grasses, and wildflowers) and provides a buffer to the aquatic resource from adjacent land uses. In urban and urbanizing areas, Greenbelts provide a buffer between undeveloped and developed land. Greenbelts are usually in the form of linear parks, floodplains, or floodways. In rural settings, Greenbelts, whether planned or not, encompass land set aside to provide buffers between active pasture and agricultural fields and stream corridors. The Ray Roberts Greenbelt is an excellent example of a large-scale, multi-use Greenbelt within Denton County. Other examples include smaller-scale linear parks along streams in urban settings (e.g. Town of Flower Mound’s Stone Creek Park) and the well-vegetated riparian buffers along streams and creeks in urban and rural settings. 24 “For this planning effort, a Greenbelt is defined as land typically adjacent to area streams, creeks, rivers, or lakes that is vegetated and provides a buffer to the aquatic resource from adjacent land uses.” 25 At the onset of the planning effort, representatives from the Upper Trinity Conservation Trust, Denton County, and the Upper Trinity Regional Water District developed the following vision statement for the planning process. VISION STATEMENT OF THE GREENBELT PLAN “To create a Greenbelt plan that promotes the preservation of corridors of greenspace, typically along area waterways, that includes services such as water quality improvement, recreation, habitat for wildlife, aesthetics, and social and economic benefits, the plan should provide a common vision for Greenbelt preservation in Denton County. The plan should educate the citizens of Denton County about Greenbelts and the natural assets occurring within the region. Implementation of any recommendations within the Greenbelt plan should be purely voluntary.” BENEFITS OF GREENBELTS People require clean water and fresh air -- Greenbelts contribute to providing these basic human needs. Greenbelts filter water before it discharges into area water ways and eventually to our drinking water supply reservoirs. Further, the vegetation surrounding these area waterways contributes to cleansing the air we breathe. Without fulfilling these basic needs, quality of life will be diminished. People also require shelter, land is transformed, or developed, to house and shelter people, as well as to provide infrastructure and places to conduct business. Consequently, urban development threatens Greenbelts. As real estate in Denton County and surrounding Counties continues to boom, affordable housing will continue to be a commodity. To address this housing and infrastructure needs, developers move to undeveloped areas. Typically, the agricultural fields and undeveloped natural areas surrounding City centers are utilized to fulfill the housing and infrastructure demand. Developers also look to maximize the value of land. Leaving developable land in its natural condition comes at a cost. Accordingly, developers may question the need and benefits of preserving natural areas especially along streams, creeks, and rivers. It is incumbent upon the general public and local government entities to educate developers and the general public about the benefits of Greenbelts. Greenbelts should not be considered as an obstacle to development, rather as an asset. Potential benefits afforded to Denton County and its communities from the preservation of Greenbelts are numerous and quantifiable. •Conserve the quality of water entering Denton County’s water supply reservoirs, the sources of our drinking water, as the County is rapidly urbanizing •Increase the quality of life for Denton County residents •Eliminate barriers between different parts of the County and surrounding counties through Greenbelt connections for both people and wildlife •Promote natural assets for existing and proposed developments •Reconnect Denton County residents to the Elm Fork and its tributaries, which provide a majority of the County’s raw water supply •Increase property values •Reduce stormwater infrastructure costs by decreasing or delaying runoff and attenuate floodwaters •Decrease or delay the need for advanced municipal water supply treatment infrastructure due to the improved water quality entering area waters supply reservoirs •Enhance healthy lifestyles for Denton County residents by providing nature-based recreational opportunities (such as hike and bike trails) •Increase economic development through environmental and recreational activities •Increase environmental knowledge of Denton County by providing nature-based educational opportunities •Preserve the cultural, historical and natural landscapes of Denton County •Protect vital habitats for native plants and animals “A compelling fact: It is much more cost effective to protect greenbelts and stream corridors with greenbelt opportunities now, rather than later try to restore them after they have been lost to nearby development.” 26 Guiding Principles for the Greenbelt Plan Several guiding principles were used in the decision making framework when developing the Greenbelt plan recommendations. These included: •Identifying stream segments and watersheds at a county- wide scale for preservation, •Ranking and prioritizating the identified streams and water- sheds, based on the need for preservation, •Coordinating with stakeholders during the planning process for input on the Greenbelt planning effort, •Identifying current and previous green space, park and Greenbelt plans and other pertinent planning information within Denton County, •Documenting and mapping of existing park and recreation as- sets, both planned and in place, as they relate to the Greenbelt planning effort, •Developing a “toolbox” to facilitate the protection of Greenbelt corridors, •Implementing strategies for the preservation of Greenbelts, •Encouraging ambassadors for Greenbelts through the implementation strategy suggestions, and •Offering guidelines for communities, developers and residents of Denton County to coordinate the planning and preservation of Greenbelts according to a common vision. “The overarching guiding principle of the Greenbelt plan is to foster demand for Greenbelts within Denton County. If demand for Greenbelts within Denton County is known and well-established, the provision for Greenbelts will be a major factor and consideration for the development community as well as municipal and County leaders.” 27 28 29 Chapter two: denton county 30 31 BRIEF HISTORY OF DENTON COUNTY Early pioneers of present day Denton County settled in this area of northeast Texas principally along the Elm Fork of the Trinity River (Elm Fork) and its major tributaries. Although settlements within this area of Texas were infrequent, the first towns of present day Denton County were the Cities of Hebron, Pilot Point, and Little Elm. It was not until 1841, during the Republic of Texas, that settlements increased. This increase in colonization was attributed to an impresario grant from the Texas Emigration and Land Company, authorized by the Republic of Texas, which would be known as the Peters Colony. At the time, the Peters Colony area was, in part, considered the delineation of the United States’ western frontier. 4 In 1846, Denton County, named after Captain John B. Denton, was established by the Texas Legislature, shortly after Texas became a state in the Union. Captain Denton was a preacher and lawyer living in Clarksville, Texas in present day Red River County. Captain Denton was a volunteer in the Texas militia and assisted in patrolling the region investigating Native American raids on area settlers. In 1841, following a Native American raid on the Ripley Family in Clarksville, Captain Denton set out to find the attackers. The patrolling party encountered groups of Keechi near Village Creek in present day Tarrant County. During one of the patrols, Captain Denton was mortally wounded by a bullet. After his passing, his men crossed into present day Denton County and buried Captain Denton’s body alongside a creek. 5 From 1867 until 1885, the 1,200 mile Chisholm Trail traversed the western portions of Denton County. 6 At the time, Texas was replete with longhorn cattle. Demand for beef was high along the east coast; however, infrastructure to get the cattle from Texas to the east coast was 4. http://dentoncounty.com/Departments/History-and-Culture/Historical-Commission/Denton-County-History. aspx accessed November 2, 2015 5. http://dentoncounty.com/Departments/History-and-Culture/Historical-Commission/John-B-Denton.aspx accessed November 2, 2015 6. Blazing a New Trail. Kim Phillips. Denton Record-Chronicle. Published January 24, 2015 . “To commemorate the greatest man-influenced animal migration, the National Park Service is considering designating the Chisolm Trail as National Historic Trail.” Chapter Two: Denton County nonexistent. The nearest railroad infrastructure was located in Kansas. To satisfy the demand for beef, cowboys drove herds of cattle north to Kansas, with herds at times reaching a mile in width. The early 20th century began to connect Denton County to the rest of the world with the introduction of the automobile and roads, telephone, radio, and television. The County also became an educational and industrial hub at the turn of the century. Denton County currently houses two establishments for higher education: University of North Texas (formerly the North Texas Normal College, established in 1890) and Texas Woman’s University (formerly Girls College of Industrial Arts, established in 1903).7 Industry is primarily located around the City of Denton, as well as the various municipalities located in the southern and eastern portions of the County. However, much of the remainder of the County remains undeveloped, consisting principally of either pasture/rangeland for livestock production, natural landscapes, or cultivated cropland. “Based on the projected population increase, developed land within Denton County could be expected to double by 2030.” 327. https://tshaonline.org/handbook/online/articles/hcd06 accessed November 2, 2015. 33 ECOLOGY OF DENTON COUNTY Denton County encompasses approximately 953 square miles in area. As such, it spans a diversity of vegetation zones, as illustrated in Figure 2. Across Denton County, these vegetation zones have been delineated into ecological areas known as the Northern Blackland Prairie, the Eastern Cross-Timbers, the Grand Prairie, and the Western Cross-Timbers, from east to west respectively. Each of the ecological zones contains unique geology and accordingly displays unique vegetative species and physical characteristics. Within Denton County, the Northern Blackland Prairie occupies the eastern portion of County and demonstrates a nearly level to rolling topography. Its subsoil is a mixture of chalks, marls, limestone, and shale. The topsoil is mostly fine-textured, dark, deep calcareous clays, which are extremely productive for crops. Historical vegetation was mostly native grasses and forbs consisting predominantly of little bluestem, big bluestem, indiangrass, tall dropseed, gamagrass, and switchgrass. Common forbs (wildflowers) consisted of a variety of sunflowers and legumes. Remnants of the Northern Blackland Prairie still exist within Denton County today; however, the majority of the former Blackland Prairie has either been converted to pasture grasses for livestock rearing or crop production practices. In the southeastern portion of the County, the Northern Blackland Prairie is rapidly becoming urbanized. The Eastern Cross-Timbers is centrally located within Denton County. This ecoregion mostly follows the Elm Fork’s path to include the area surrounding Lake Grapevine. The Eastern Cross-Timbers is flanked by the Northern Blackland Prairie to the east and the Grand Prairie to the west. The topography of this ecoregion is rolling hills and valleys. The soil consists mostly of red and yellow sands with limited nutrients. Historically, the predominant vegetation of the Eastern Cross-Timbers was comprised of densely forested post and blackjack oak mottes interspersed with open areas consisting of mesquite and native grasses, such as little bluestem. In areas with suitable soils and topography, the Eastern Cross-Timbers have been converted to cattle grazing, as well as farming for sorghum, peanuts, and vegetables. In other suitable areas, farming for the production of peaches and pecans is another beneficial land use. In the southern and central portions of Denton County, Western Cross Timbers Grand Prairie Eastern Cross Timbers Northern Blackland Prairie Figure 2: Ecoregions within Denton County extensive urban development has occurred. Post Oaks, one of the dominant tree species in the Eastern Cross-Timbers, are slow growing and cannot be commercially cultivated. Land clearing for agricultural purposes and urbanization has greatly reduced the native range of the Post Oak community within Denton County. GRAND PRAIRIE WESTERN CROSS TIMBERS EASTERN CROSS TIMBERS NORTHERN BLACKLAND PRAIRIE 34Blackland Prairie in Denton County 35 Eastern Cross-Timbers Photo Courtesy of Courtney Blevins, Texas A&M Forest Service 36 Grand Prairie in Denton County Natural Gas Well Pad in Denton County The western half of Denton County is occupied by the Grand Prairie. The Grand Prairie, which is very similar in character to the Northern Blackland Prairie, is an undulating plain with a subsoil consisting of limestones, marl, and clays. Dissimilar to the Northern Blackland Prairie, the limestone subsoil of the Grand Prairie is more resistant to weathering, which gives the topography a rougher appearance. Additionally, the meandering streams within this ecoregion deeply incise the limestone surface, making way for deep valleys. The historical vegetation within the Grand Prairie consists of native tall grasses, such as big bluestem, indiangrass, little bluestem, and gramas in the upland areas. Trees typically occupied the valleys and stream corridors. With the absence of grazing bison and the sequestration of wildfires, juniper and mesquite have increased in this ecoregion, displacing native grasslands and invading pastures. In areas not dedicated to pasture land, farming of corn, grain, cotton, and wheat are common agricultural practices. Oil and gas exploration and transmission pipelines have occurred extensively within the Grand Prairie ecoregion, primarily west of the Interstate 35 corridor. The Barnett-Shale, which is the geological formation below the Grand Prairie, is a hydro-carbon producing geological formation. It has provided economic benefits to Denton County through royalty incomes, increased jobs, and increased tax revenues. However, gas well pad sites do come at a cost to the environment. In this area of Denton County, gas well pads sites, on average, occupy 1.5 acres of the Grand Prairie ecoregion and are numerous. 37 Unnamed Tributary to Denton Creek Located Within Denton County Finally, the Western Cross-Timbers occupies a small portion slightly outside of the northwestern corner boundary. It is worth mentioning because of the transition zone that occurs between the Western Cross- Timbers and the Grand Prairie. The Western Cross-Timbers, similar to the Eastern Cross-Timbers, is a band of wooded areas consisting mostly of post and blackjack oaks. The topography of this ecoregion is rolling hills consisting of gentle slopes and steep scarps. The soils are mostly fine sandy loams with clay subsoils. Amongst the thick bands of oaks, areas of prairie openings occur and consist mostly of little bluestem and purpletop grasses. The Elm Fork, and its larger tributaries and their associated woodlands or riparian corridors within the County, often do not resemble any of the aforementioned ecoregions. These stream bottom soils are typically the result of erosion from the upland areas, with deposition of those soils as alluvial deposits. These stream bottoms are typically a mixture of sands and clays and are often vegetated with both trees and shrubs. These riparian corridors are mostly comprised of bur oak, shumard oak, hackberry, elm, ash, eastern cottonwood, and pecan. Wildlife utilize these riparian corridors for food, shelter, and mobility. 8 WILDLIFE WITHIN DENTON COUNTY A variety of mammals are known to be within Denton County. These include opossum, bats, beaver, plains pocket gopher, eastern gray squirrel, fox squirrel, jackrabbit, eastern cottontail, white-tailed deer, nine-banded armadillo, raccoon, red fox, coyote, bobcat, and a myriad of others including nuisance species such as feral hogs and nutria. Many of these species have been able to tolerate urbanization, while species that formerly inhabited the region such as gray and red wolves, mountain lion, river otter, and bison were extirpated from the area due to hunting, trapping, and/or behavioral intolerance to human activity. The situation is similar for birds, reptiles, and amphibians. The species less tolerant of human activity have declined, while the more tolerant species have flourished. Common reptile species include lizards and various snakes, such as copperhead, cottonmouth, diamond-back 8. Griffith, G.E., Bryce, S.A., Omernik, J.M., Comstock, J.A., Rogers, A.C., Harrison, B., Hatch, S.L., and Bezanson, D., 2004, Ecoregions of Texas (color poster with map, descriptive text, and photographs): Reston, Virginia, U.S. Geological Survey (map scale 1:2,500,000). 38 White-Tailed Deer 39 watersnake, and bullsnake, while amphibians include turtles and frogs. A large number of native bird species utilize the stream bottomlands (woodpeckers, ducks), oak woodlands (cardinals, blue jays, titmouse, chickadee), and native grasslands (scissor-tail fly catchers, hawks) in Denton County, whereas species such as the house sparrow, mourning dove, pigeon, grackle, American crow, and European starling dominate the more urbanized areas. Finally, the common fish species known to be in the Elm Fork of the Trinity River, as well as its significant tributaries, include various species of bass, bluegill, carp, catfish, drum, gar, sunfish, and shad. The Texas Parks and Wildlife Department has compiled a list of rare, threatened, or endangered species for Denton County. In total, Texas Parks and Wildlife Department lists 11 bird species, two mammals, two mollusks, three reptiles, and two plants as rare, threatened, or endangered. The listing of the species and their status listing are included in the adjacent column. AQUATIC RESOURCES WITH DENTON COUNTY RIVERS AND STREAMS The major river located within Denton County is the Elm Fork of the Trinity River. The headwaters for the Elm Fork start near the town of Saint Jo in Montague County and continue eastward into Cooke County toward the City of Gainesville. At Gainesville, the Elm Fork turns southerly into Denton County. Within Denton County, Ray Roberts Lake and Lewisville Lake are impoundments of the Elm Fork. South of the Lewisville Lake dam, the Elm Fork continues in a southerly direction into Dallas County where it converges with the West Fork of the Trinity River to form the Trinity River. The Elm Fork totals approximately 125 miles in length, with approximately 45 miles flowing through Denton County. TEXAS PARKS & WILDLIFE DEPARTMENTS RARE THREATENED OR ENDANGERED SPECIES Denton County Endangered or Threatened Birds • American Peregrin Falcon Falco peregrinus annatum • Peregrin Falcon Falco peregrinus (2 types) • Bald Eagle Haliaeetus leucocephalus • Henslow’s Sparrow Ammodramus henslowii • Red Knot Calidris canutus rufa • Sprague’s Pipit Anthus spragueii • Western Burrowing Owl Athene cunicularia hypugaea • White-Faced Ibis Plegadis chihi • Whooping Crane Grus americana • Wood Stork Mycteria americana Denton County Endangered or Threatened Mammals • Plains Spotted Skunk Spilogale putorius interrupta • Red Wolf Canis rufus Denton County Endangered or Threatened Mollusks • Louisiana Pigtoe Pleurobema riddelli • Texas Heelsplitter Potomilus amphichaenus Denton County Endangered or Threatened Reptiles • Texas Garter Snake Thamnophis sirtalis annectens • Texas Horned Lizard Phrynosoma cornutum • Timber Rattlesnake Crotalus horridus Denton County Endangered or Threatened Plants • Glen Rose Yucca Yucca necopina • Topeka Purple Coneflower Echinacea atrorubens Elm Fork of the Trinity River in Denton County Named streams in Denton County: • Aubrey Branch • Bakers Branch • Blocker Creek • Boom Branch • Bray Branch • Bryant Branch • Boom Branch • Buck Creek • Burns Branch • Cade Branch • Cannon Creek • Cantrell Slough • Carter Branch • Catherine Branch • Clear Creek • Cleveland Branch • Cooper Creek • Copperas Branch • Cottonwood Branch • Crow Branch • Culp Branch • Denton Creek • Doe Branch • Dry Fork Hickory Creek • Duck Creek • Dudley Branch • Elizabeth Creek • Fincher Branch • Flat Creek • Fletcher Branch • Furneaux Creek • Graham Branch • Grasshopper Creek • Graveyard Branch • Harriet Creek • Henrietta Creek • Hickory Creek • Hog Branch • Indian Creek • Jordan Creek • Little Duck Creek • Little Elm Creek • Loving Branch • McWhorter Creek • Marshall Branch • Midway Branch • Milam Creek • Mill Branch • Moores Branch • Morris Branch • Mustang Creek • North Hickory Creek • Oliver Creek • Panther Creek • Pecan Creek • Poindexter Branch • Pond Creek • Prairie Creek • Ranger Branch • Roark Branch • Running Branch • Sand Branch • Sharps Branch • South Hickory Creek • Stewart Creek • Timber Branch • Timber Creek • Trail Creek • Veal Springs Branch • Whites Branch • Whites Creek • Willow Branch In addition to the named streams within Denton County, there are numerous locally named or unnamed tributaries. These unnamed tributaries range from small ephemeral (only flowing following rain events) creeks to larger intermittent (some degree of groundwater inflow) streams. Most of the tributaries to the Elm Fork within Denton County are located adjacent to agricultural fields, pastures, or cropland. Along the southern and eastern portions of the County, the streams are bordered by urban and urbanizing areas. Without buffers, specifically vegetative buffers, potential risks to the area’s streams and reservoirs are present through increased sediment deposition, fertilizer and chemical runoff, trash and debris, and other anthropogenic hazards. 40 Lewisville Lake at high water levels 41 Lakes and Reservoirs As mentioned, the total area of Denton County is approximately 953 square miles. Portions of that land, approximately 75 square miles, are covered by water associated with three major water supply and flood storage reservoirs: Lewisville Lake, Ray Roberts Lake, and Grapevine Lake. All three major lakes within Denton County are U.S. Army Corps of Engineers’ lakes. The Elm Fork was first impounded in 1927 when the City of Dallas built the Garza Dam to create Lake Dallas. The Lewisville Dam, just below the Garza Dam, was completed in 1955, and in 1957 Lake Dallas became part of Lake Lewisville when the original dam was breached. 9 Lewisville Lake is entirely within Denton County and provides water supply to the Cities of Dallas and Denton, as well as the Upper Trinity Regional Water District and their customer cities. To a lesser degree, the City of Irving discharges a portion of its water supply into Lewisville Lake, which is allowed to pass through and discharge into the Elm Fork. The City of Irving captures its water supply downstream of Lewisville Lake within the river. Approximately 60 river miles upstream of Lewisville Lake dam, near the Denton County and Cooke County line, is Ray Roberts Lake. Ray Roberts Lake is an expansive reservoir, covering nearly 29,350 acres at conservation pool. 10 The dam for Ray Roberts Lake, also an impoundment of the Elm Fork, was completed in 1987 and is located within Denton County. However, Ray Roberts Lake occupies portions of Denton, Cooke, and Grayson Counties. The Cities of Denton and Dallas have contracts with the U.S. Army Corps of Engineers to withdraw water from Ray Roberts Lake for municipal water supply. Grapevine Lake is the third major reservoir in Denton County. Grapevine Lake, created in 1952, is an impoundment of Denton Creek, one of the Elm Fork’s major tributaries. The impoundment for Grapevine Lake resides in Tarrant County; however, a majority of the conservation pool for the reservoir resides in Denton County. Grapevine Lake provides water supply to the Cities of Dallas, Grapevine, Highland Park, and University Park. 11 9. http://www.swf-wc.usace.army.mil/lewisville/Information/History.asp accessed November 7, 2015. 10. http://www.swf-wc.usace.army.mil/pertdata/rrlt2.pdf accessed November 7, 2015. 11. http://www.swf-wc.usace.army.mil/pertdata/gpvt2.pdf accessed November 7, 2015 Ray Roberts Lake from the Ray Robert Lake Dam (Top) Grapevine Lake (Bottom) In addition to these three reservoirs, numerous impoundments of named and unnamed tributaries to the Elm Fork reside in Denton County. These open water areas (also known as stock tanks, ponds, Soil Conservation Service (SCS) reservoirs, and lakes) are principally used for recreational purposes, sediment control, flood control. Other open water features that reside within Denton County include off-channel ponds. These ponds capture overland flow following rain events. They are typically limited in size and principally used as a watering source for livestock. Aqua-culture is not a predominant industry in Denton County; thus, open water features for the production of aquatic faunal species are essentially non-existent. 42 43 Lastly, in portions of Denton County, typically along major tributaries to the Elm Fork, sand and gravel mining operations are present. The mining of sand and gravel adjacent to area streams usually encounters groundwater during excavations. Following excavations and conclusion of the sand and gravel mining operation, the sand and gravel pits frequently remain inundated, creating an open water feature, as shown in the following graphic. Sand and Gravel Mining Operations in Lewisville Lake Watershed near the City of Krugerville (Image obtained from Google Earth TM) 44 Chapter Three: Planning Process 45 46 STAKEHOLDERS AND INTERESTED PARTIES TO THE PLANNING EFFORT MUNICIPAL AND COUNTY STAKEHOLDERS There are 45 municipalities either located wholly within Denton County or portions of their corporate limits lie within the county. In addition to the 45 municipalities, there are several existing and planned master- planned communities located in unincorporated areas of Denton County (e.g. Lantana, Savannah, Castle Hills, Artesia and Union Park). Representatives from these various entities were invited to participate in the stakeholder sessions. Their input is necessary to develop “buy-in” for the recommendations outlined in this planning document. Furthermore, these entities represent the owners of a majority of the existing and proposed park and trail assets within Denton County. These individuals also recognize the challenges they face in preserving their Greenbelt assets, and in planning for future park and trail features. “It should be noted and recognized that each of these municipalities and master-planned community has its own identity. Accordingly, each municipality or master-planned community maintains its own planning efforts for parks, trails, and greenspace. This plan is not intended to supplant those planning efforts but to allow for an opportunity for those planning efforts to cross corporate limits for the benefit of Denton County.” 47 Chapter Three: Planning Process OVERVIEW OF THE PLANNING PROCESS The planning process in developing the Greenbelt Plan consisted of identifying existing stakeholders, interviewing and participating in stakeholder information gathering events, data collection of existing and proposed parks, trail, and greenspace assets within Denton County, analysis of the collected data, and finally summarizing the stakeholder input and collected data into a cohesive planning document. The following details the planning efforts performed and the information derived from the planning events. Further, a major component of this planning effort was to identify resources worthy of preservation on a county-wide scale and to prioritize those resources and the watersheds they encompass for preservation consideration. With the resources identified and prioritized, planners will have the information available for consideration of those assets for Greenbelt connections, and future park, recreation, and greenspace planning efforts. NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS The North Central Texas Council of Governments (NCTCOG) is a leader in regional planning efforts for the Dallas-Fort Worth Metroplex, which includes Denton County. Portions of these planning efforts include environmental and transportation concerns. As an example, the NCTCOG prepared the Regional Ecosystem Framework (REF) including an interactive website 12 shown in Figure 3. This website is a tool to assist its users in the identification of areas suitable for green infrastructure, areas with high ecosystem values, and areas with aquatic resource considerations. The REF was used to previously “greenprint ”13 a portion of the Lewisville Lake watershed specifically the Stewart Creek, Cottonwood Creek, and Panther Creek sub-watersheds. 14 The purpose for the greenprinting effort was to identify areas that if left undeveloped would offer significant water quality protection benefits. The outcome from the greenprinting effort generated the map illustrated in Figure 4 on the following page. For transportation concerns, the NCTCOG has also developed the Draft 2040 Regional Veloweb and On-Street Bicycle Network, illustrated in Figure 5, located on page 50. NCTCOG also administers an informational program on best management practices (BMPs) for stormwater controls. This program is known as Integrated Stormwater Management 15 or iSWMTM. The iSWM program is Figure 3: Regional Ecosystem Framework Web-based Tool for Assets Within Denton County The NCTCOG is an invaluable partner for regional planning efforts and a valid voice for the Greenbelt planning effort for Denton County. 48 12. www.nctcog.org/ref 13. Greenprint is a term developed by the Trust for Public Land to identify areas for conservation. 14. NCTCOG Water Quality Protection Greenprint: Lake Arlington Watershed and Lewisville Lake East Watershed Project Report. Trust for Public Land. July 1, 2011. 15. Information on iSWM can be found on the North Central Texas Council of Government’s website www. nctcog.org 49Figure 4: Lewisville Lake East Watershed Greenprinting Effort 50 Dallas Grapevine Carrollton Coppell Fort Worth Addison Keller Southlake Pecan Acres Haslet Westlake Trophy Club Newark Plano Frisco Celina Prosper Denton LewisvilleFlower Mound Little Elm Northlake Argyle Sanger The Colony Corinth New Fairview Roanoke Bartonville Rhome Oak Point Cross Roads Ponder Krum Highland Village Justin Pilot Point Hickory Creek Copper Canyon Lantana Aubrey Aurora Dish Lake Dallas Shady Shores Double Oak Pecan Acres Savannah Krugerville Hebron Providence Villlage Paloma Creek South Lakewood Village Hackberry Paloma Creek Corral City Lincoln Park Dallas CountyTarrant County Collin CountyDenton County Wise County FM 455 FM 156FM 428FM 51FM 1173FM 1385FM 407 FM 2164289FM 1171FM 2264FM 2449 38 7FM 72081LEGACY MI LLFM 718 PLANOMAINFM 4234840 28 8 121WINDSOR 65JOSEYOAK PARKERFM 544 VIRGINIA FRANKFORDFM 2181FM 3163 287FOX MARSHM IN G OCAMPBELL MIDWAYSPRING CREEK TRINITY M ILLS WICHITASHILOH KEALY121 BYPFM 304035W INDEPENDENCEKELLER SPRINGS FM 1515 SHADY SHORES23 PARK GANZAR DOVE KELL YFM 426 SANDY LAKESHERMANPOST OAKDALLASCBELLAIRE HILLCRESTTRINITYSCENIC1ST WESTPORT CORBINMCGEE9HILLTOP7TH OLD ALTON FM 1220GARDEN RIDGE710 HOBSON VALLEYAALICE EDMONDSSELLMEYERFM 2281DENTON TAPASH COUNTY RD 71B R O A D W A Y W I N D H A V EN MORRISSCOITMCMAKINROSEMEADE HEDGCOXE GANZER RINEY COLLEGE JFKWOODROW 81 FRONTAGESAMUELBYRON N E L S ONINTERNATI ONALKINGBONNIE BRAEMCDERMOTT HIGHPROVINCE5THHASLET COUNTY LINEHICKORY BELLMCCALLUM CARDINAL FARRISCROSS BEND MEADOW HILL LUSKMAPLE HIGHLAND VILLAGEPARKRI DGEKIRKPATRICKFM 1830COLORADO F O R E S T V IS T AUNDERWOODSAM REYNOLDSBILL COOKROSELAWN MORSE HEBRON COUNTY RD 26 HELMOLD ORCHARDPENNSYLVANIAW ADELOCUSTWHITLOCK EAGANMILLBEND SUMMI TDUNHAMCORPORATESTUARTLIBERTY ROBINSONPARKSIDE MACARTHUROLD NORTHAUDRA TEXAN D IA M O N D B A C K QUERIDA RAMHORN HILL OLD DENTONMCKAMY CREEK VAIL114 JOHN DAY GRAPEVINE MILLSRED ROCKEL DORA DO LOUISIANACARROLLKN O L L T R AIL ALLI ANCE WHIT E C H A P E L EAGLE SWISHER AQUA STONECRESTDEL BUTTONPAISLEY BRIARGROVE PAR PLACID LAMAR LINWOOD GEESLINGUNICORN LAKE LA MANGA BENTWOOD HERCULES CHAPARRALVALLEY VIEWA IR P O R TWOODS EDGEKENDOLPHWAT E RVI EWPARK VISTAPRESTONOLD 24 SENTINEL OAKS 289OLD DENTONMIDWAYMARSHINTERNATIONALMAIN 289ELDORADO MIDWAY121 BYPFM 720 289FM 426 289MAIN PARKER MARSHHEBRON PARKER289 VALLEYAUDRA FM 428 FM 455 81FM 720MAIN FM 2181 COITINTERNATIONAL FM 720 289MAINFM 2181PARKER287121 2 8 7 FM 455FRANKFORD FM 3040 FM 156MACARTHURF M 3 0 4 0 121 BYPFM 423VALLEYDENTON TAPFM 428289 MORRISS INDEPENDENCEJOSEYPLANO DOVE 289COITSAM REYNOLDS 1 2 1 FM 407 MIDWAYELDORADO FM 455 289FM 718 65JOSEYFM 407 COLLEGE FM 407 LEGACY FM 720 SPRING CREEK INDEPENDENCE289FM 428 FM 1171MIDWAYMACARTHURFM 426 121FM 720 121 B YPDOVE Lewisville Lake Ray Roberts Lake Grapevine Lake Ray Roberts Lake [\^35E [\^35W [\^35 [\^35E [\^35 [\^35W [\^35W [\^35 [\^35E [\^35W [\^35 [\^35W DALLAS NORTH TOLLWAYDALLAS NORTH TOLLWAY./380 ./380 ST121 ST170 ST387 Denton County 2040 Legend Regional Trails 2035 Regional Veloweb Proposed 2040 Regional Veloweb Trails and Bikeways Off-Street, Existing Off-Street, Funded Off-Street, Planned On-Street, Existing On-Street, Funded On-Street, Planned ¯ 0 2 4 6 8 10 12 141Miles DRAFT 5/8/15 Figure 5: Draft 2040 Regional Veloweb and On-street Trail Network 51 a cooperative initiative of over 60 local governments within the NCTCOG’s sixteen county region with the objective of achieving their goals for water quality, streambank protection, and flood mitigation, while meeting construction and post-construction stormwater obligations under state stormwater permits. The program is designed to assist towns, cities and counties with the implementation of their own stormwater management programs. The benefits afforded to a municipality’s residents, businesses, and property owners from the adoption of the iSWM program are as follows: •iSWM designs emphasize open space development and preservation of natural features that create livable communities, •iSWM designs reduce flooding potentials which, in turn, save lives and damages to property, •iSWM designs reduce erosion potentials which, in turn, reduces damages to property and property values, and •iSWM designs provide developers with a toolbox of stormwater controls, technical standards, and methodologies that can be applied across the DFW Metro-area as a whole. Local governments can also benefit from the adoption of iSWM by: •Reducing operation and maintenance costs through the protection of natural systems, •Providing consistent stormwater approaches across jurisdictions with shared watersheds, which provide more effective stormwater management, •Preserving natural features and assets that create more sustainable and more desirable communities over time, •Providing a customizable program to meet a City’s or County’s unique needs, •Achieving credits toward a lower FEMA Community Rating System rating, and •Satisfying Municipal Separate Storm Sewer System (MS4) Permitting requirements. iSWM is designed to assist towns, cities and counties with the implementation of their own stormwater management program. 52 Protecting and preserving greenspace and natural systems, specifically green space and natural systems adjacent to area waterways or Greenbelts, are primary objectives of iSWM. The iSWM Program, specifically the stormwater control BMPs for site development as outlined in the iSWM design manual, were used as the basis for a study of the Hickory Creek Watershed by the City of Denton.16 This study was performed to identify actions that could reduce pollutant loads to the Hickory Creek arm of Lewisville Lake and improve water quality in advance of continued urbanization. Key conclusions identified in the study included: •BMP implementation can provide significant loading (sediment and nutrient) reductions, •BMPs can be effectively implemented in new developments and retrofitted into existing developments, open spaces, and drainage systems, and •BMP implementation is best integrated into site planning at an early stage, especially in conjunction with other utilities. As a follow up to the Hickory Creek Watershed Protection Plan Study, an additional study 17 was performed where nine BMPs were assessed for pollutant removal efficiencies, life expectancies, and cost for implementation for three streams in Denton County: Hickory Creek, Doe Branch, and Stewart Creek. The nine BMPs assessed for watershed protection included: •Grass Planting •Grassed Waterways/Filter Strips •Grade Stabilization Structures •Detention Ponds •Retention (Wet) Ponds •Treatment Ponds •Riparian Buffers •Vegetated Swales/Strips •Infiltration Basins 16. Report for Task 2, Watershed Protection Plan, of the [Section 319 Nonpoint Source] Grant Entitled Control of Nonpoint Source Loads in the Hickory Creek Sub-basin of the Lake Lewisville Watershed as a Component of a Watershed-based Water Quality Trading Program. The City of Denton in cooperation with CH2MHill, Texas A&M University, and the University of North Texas. August 6, 2008. 17. Adapting the Hickory Creek Watershed Protection Plan for Use in Other Areas of the Lewisville Lake Watershed: the Doe Branch and Stewart Creek Sub-Watersheds prepared for the City of Denton, Upper Trinity Regional Water District, and North Texas Municipal Water District. Prepared by CH2MHill. April 3, 2012. The iSWM program, in conjunction with the findings from the two watershed protection studies, compliments the purpose of this study: the establishment and protection of Greenbelts along the County’s streams, creeks, and Elm Fork of the Trinity River. Protection of riparian corridors are low cost and effective means for filtering pollutants such as sediment, nitrogen, and phosphorous from entering area waterways. Of the nine BMPs assessed in the Hickory Creek Watershed Protection Plan Study, the lowest cost and longest useful life BMP was the protection of riparian buffers. The protection of Greenbelts can provide low cost, effective means for water quality protection while serving a dual purpose for the preservation of natural assets and the provision for recreational opportunities. “The cost of urban stormwater pollution control increases as urbanization increases. It is more cost effective to initiate control early on. In other words, protection of area watersheds prior to development pressures or impacts is imperative for cost effective stormwater management.” The United States Government through the U.S. Army Corps of Engineers, is a major landowner in Denton County. Ray Roberts Lake, Lewisville Lake, and Grapevine Lake occupy nearly 118,904 acres 18 or approximately 186 square miles, not all of which is located wholly within Denton County. Associated with these area lakes are acres of greenspace, improved and unimproved parks and recreation facilities, and wildlife management areas. The parks and recreation areas associated with the U.S. Army Corps of Engineers’ lakes are invaluable assets for the citizens of Denton County, including visitors from neighboring counties. Accordingly, the U.S. Army Corps of Engineers should be a voice in the planning efforts for greenspace preservation in Denton County. In addition to the U.S. Army Corps of Engineers’ lakes, the U.S. Forest Service manages the Lyndon B. Johnson (LBJ) National Grasslands, which are located in neighboring Wise County (immediately west of Denton County). The LBJ unit is comprised of more than 20,25019 acres and is a great asset for outdoor recreation opportunities. Stream segments within Denton County have the opportunity to connect residents of Denton County to the LBJ Unit of the National Grasslands located near the City of Decatur. The Natural Resources Conservation Service (NRCS) is another federal agency that is a stakeholder in the Greenbelt planning effort for Denton County. The NRCS provides America’s farmers and ranchers with financial and technical assistance to voluntarily put conservation on the ground, which not only helps the environment but agricultural operations, as well. The NRCS provides funds and technical assistance through its conservation programs, landscape conservation and planning initiatives, easements, and technical tools and resources. The NRCS has specialists available to assist farmers or ranchers which include specialists in soil sciences, wetlands, forestry, wildlife, engineering, agronomists, and natural resources. In Texas, the NRCS has funding available under the authority of the Wetlands Reserve Program, Grassland Reserve Program, and the Farm and Ranch Lands Protection Program for the acquisition of conservation easements to protect significant natural resources. The NRCS, through the Agricultural Conservation Easement Program, helps state and local governments and non-government organizations protect working agricultural lands and wetlands and limit non-agricultural uses of the land. Through the National Water Quality Initiative, the NRCS offers financial and technical assistance to farmers, ranchers, and forest landowners who are interested in improving water quality and aquatic habitats in priority watersheds with impaired streams. All of these programs through the NRCS have the ability to assist with the preservation of area streams, wetlands, agricultural, and ranch lands. 53 18. http://www.swf-wc.usace.army.mil/cgi-bin/rcshtml.pl?page=Pertinent accessed November 7, 2015. 19. http://www.fs.usda.gov/detail/texas/about-forest/districts/?cid=fswdev3_008440 accessed November 7, 2015. UNITED STATES GOVERNMENT – U.S. ARMY CORPS OF ENGINEERS, U.S. FOREST SERVICE, AND NATURAL RESOURCES CONSERVATION SERVICE 54 TEXAS PARKS AND WILDLIFE DEPARTMENT Texas Parks and Wildlife Department is another valuable partner for outdoor recreation facilities and opportunities in Denton County. Texas Parks and Wildlife Department administers and manages the Ray Roberts State Park, which is comprised of Isle du Bois Unit along the southeastern portion of the Lake, the Jordan Unit along the eastern portion, and the Johnson Branch Unit located along the northern portion of Ray Roberts Lake. TPWD also manages the day to day operation of the Ray Roberts Greenbelt, which follows the Elm Fork of the Trinity River from the Ray Roberts Dam to Lewisville Lake. In addition to the TPWD managed park and recreation assets within Denton County, the TPWD administers the park and recreation grants program for the state. The park and recreation grants program offers financial assistance to communities to help fund and build new parks, trails, conserve natural resources, access to water bodies, develop educational programs for youth, and other programs. The TPWD grants program is designed to build access to outdoor experiences and encourages connection with nature that is vital to promoting conservation and environmental stewardship. THE GREENBELT ALLIANCE OF DENTON COUNTY The Greenbelt Alliance of Denton County 20 is a group of citizens in Denton County who are dedicated advocates for the Ray Roberts Greenbelt and trail system in Denton County. The Greenbelt Alliance provides funds and awareness for the Ray Roberts Greenbelt, as well as the Lake Ray Roberts Equestrian Trial Association. The Greenbelt Alliance sponsors and hosts an annual event at the Ray Roberts Greenbelt, known as Greenfest. This event celebrates “outdoor family fun” and is held on the last Saturday in September each year. TEXAS A&M FOREST SERVICE Although the Texas A&M Forest Service does not have state forest service managed lands within Denton County, the Texas A&M Forest Service employs foresters that provide excellent information for property owners, public and private, to help maintain land and natural resources to ensure forestlands remain productive and healthy for future generations. The One of Many Environmental Exhibits at Greenfest Texas A&M Forest Service foresters are not limited to rural Texas forests – they also employ urban foresters. These urban forestry specialists work with communities to plant, care for, and conserve trees within their respective jurisdictions. 20. http://www.friendsoftheGreenbelt.org/#!who-we-are/c2zm accessed December 30, 2015. 55 TEXAS DEPARTMENT OF TRANSPORTATION AND NORTH TEXAS TOLLWAY AUTHORITY The Texas Department of Transportation (TxDOT) and the North Texas Tollway Authority are planning for the future transportation needs for the state, including Denton County. If provided with sufficient foresight, representatives from these organizations can incorporate Greenbelt planning into their proposed infrastructure. Furthermore, TxDOT, and to a lesser extent the North Texas Tollway Authority, are administrators of funding for transportation concerns. Projects awarded funding by the program typically go above and beyond standard transportation activities. Projects considered typically are integrated into the surrounding environment in a sensitive and creative manner that contributes to the livelihood of the community, promotes environmental quality, and enhances the roadway aesthetics. Trail networks within Greenbelts are prime examples of recipients for portions of those funding opportunities. DENTON COUNTY SOIL AND WATER CONSERVATION DISTRICT Established in 1941, the Denton County Soil and Water Conservation District (DCSWCD) is an entity consisting of a five member board elected by landowners within Denton County. The purpose of the DCSWCD is to promote land and water stewardship and landowner sustainability in the following areas: •Conservation planning •Conservation practices •USDA (NRCS) programs •Flood prevention •Education and outreach •Conservation awards Every year, the DCSWCD honors deserving landowners in Denton County with an award for managing their land with sustainable agricultural principles. DCSWCD also manages 22 flood control structures within Denton County for the purpose of flood prevention. TEXAS A&M AGRILIFE EXTENSION SERVICE Texas A&M AgriLife Extension Service (AgriLife) is an outreach education agency with a statewide network of professional educators, trained volunteers, and County officials. The primary purpose for AgriLife is to disseminate information and expertise to the public on topics consisting of agricultural and natural resources, family and consumer sciences, 4-H youth development, and community economic development. AgriLife maintains a vast array of publications that assist landowners with property management including nuisance and invasive species, crop and soilmanagement, riparian and stream corridor management, fisheries and pond management, and wildlife management, to name a few. In Denton County, the local AgriLife Extension Service office is located in Denton, Texas. GENERAL PUBLIC AND SPECIAL INTEREST GROUPS In the planning process, the citizens of Denton County play a key role as stakeholders in the Greenbelt planning effort. These are the principal users of the park, trail, and greenspace assets within Denton County. The citizens of Denton County also represent the major landowners within the County. Their wants and desires are valid and pertinent and should not be ignored. Many representatives of the general public also participate and represent special interest groups. Groups such as the Texas Master Naturalist and Master Gardener chapters located in Denton County, the Cross Timbers Equestrian Trail Association, or Bike Denton are excellent examples of special interest groups that are advocates for greenspace in Denton County. These advocates have specific expertise and knowledge in general nature preservation, equestrian recreation opportunities, and cycling as examples. Obviously, there are many other special interest groups who recreate in the area’s greenspace. These individuals will be the advocates for Greenbelt establishment and preservation within Denton County. 56 EXISTING ASSETS IN DENTON COUNTY Within Denton County, there are over 150 public parks, public open space, and nature preserves that are greater than 10-acres in size. The surface area these parks occupy total approximately 25,000 acres or nearly 40 square miles. The majority of these parks and greenspace areas surround the U.S. Army Corps of Engineers’ reservoirs, areas such as Ray Roberts State Park, Lake Lewisville Environmental Learning Area (LLELA), Lewisville Independent School District’s Outdoor Learning Area (LISDOLA), and the numerous municipal parks and open space along Lewisville Lake and Grapevine Lake. Municipalities within Denton County also have larger parks within their jurisdiction, which are away from U.S. Army Corps of Engineers’ lakes. Examples include the City of Denton’s North and South Lakes Parks and the City of Lewisville’s Railroad Park. Parks along Lake Ray Roberts are managed by the Texas Parks and Wildlife Department and offer many nature based opportunities through the conservation of Greenbelts and open space, which include camping, 20 plus miles of multi-use trails, equestrian trails, geocaching, swimming, paddling, fishing, nature watching, and a marina. LLELA is an environmental preservation area managed by the University of North Texas and offers recreational activities that are compatible with their mission to preserve, protect, and restore degraded ecosystems, communities, and native biodiversity. Activities at LLELA include hiking, birding, wildlife viewing, fishing, paddling, camping, picnicking, and guided educational opportunities. Additionally, there are approximately 650 miles of trails within Denton County and another approximately 550 miles of proposed trails that the planning team identified. In addition to the 20 plus miles of trails associated with the Ray Roberts Greenbelt, the City of Denton’s approximately nine mile Denton Branch Rail Trail is another excellent example of existing trail assets within Denton County. Denton County cities have numerous park and recreational assets; however, a majority of those park and recreational assets are only within city limits. In other words, the trails and greenspace within the City of Lewisville Railroad Park 57 County are fragmented by city jurisdictions. An important goal of the Plan is to lessen fragmentation between cities and identify opportunities for Greenbelt connections – and eventually potential trail system connections. Finally, a majority of Denton County is largely rural, especially in the northern and western limits of the County. This land is primarily used as rangeland, pasture land for livestock rearing, farming practices, or remains in a natural to naturalistic condition. Therefore, these unincorporated areas of Denton County have many acres of undeveloped greenspace, the majority of which do not have greenspace protection measures for eventual preservation. At this juncture, it is incumbent upon the landowners to be the stewards for sustainable greenspace and Greenbelt preservation on their property. Denton Branch Rail Trail (Above) Isle Du Bois Unit of Ray Roberts Lake State Park (Left) “A goal of the Greenbelt Plan is to increase connectivity between cities and identify opportunities for Greenbelt connections.” 58 59 NEEDS IDENTIFICATION Basic needs for Denton County (or any County), as it relates to Greenbelt preservation, include the following: •Protect and preserve the County’s water and other natural resources, •Minimize the loss of greenspace/Greenbelt corridors to urbanization, •Connect the various municipalities within Denton County with trail and Greenbelt networks, •Alleviate user congestion and conflicts on existing trail and greenspace assets within the County; and •Provide more recreational opportunities and improve the lives of County residents. The planning team sought public participation by hosting public meetings, social media campaigns, a project specific website, on-line surveys, and face-to-face meetings with area citizens, stakeholders, and the development community. The results of the public participation efforts are as follows. PUBLIC PARTICIPATION Gathering information from area stakeholders was designed to be a multi-faceted approach that included in-person input sessions, one-on- one interviews, surveys, and a social media campaign. To get the word out about participation opportunities, the planning team took advantage of area events, such as being present at the Upper Trinity Regional Water District’s member breakfast, as well as operating a booth at Greenfest 2015. Post cards, posters, and flyers were also developed to help circulate the message amongst the Denton County constituency. Information Pieces Developed for the Planning Effort Including the Logo Developed for the Plan. 60 INFORMATION GATHERING AND PUBLIC PARTICIPATION EVENTS For the first information dissemination event, representatives from municipalities, regulatory agencies, developers, and citizens were invited to attend a meeting to discuss the Greenbelt Plan for Denton County. This session was held on July 29, 2015, and attendees were briefed on four aspects of the project where their feedback was documented and used in the planning process. The format for the session was conversational, and the representatives attending the session rotated through a sequence of four informational stations. This allowed participants to have one-on-one conversations with the planning team. The stations consisted of following: •Station 1 – Conceptual Project Logos and Tag lines •Station 2 – Existing and Planned Parks, Trails, and Open Space •Station 3 – Priority Areas for Greenbelt Planning in Denton County •Station 4 – Opportunities and Constraints for Greenbelt Planning in Denton County 60 Station 1 – Prior to the stakeholder event, the planning team developed five logo and tag line options. The purpose of this was to create a logo and tag line that would be used as the Greenbelt plan is being implemented. During the event, stakeholders were allowed to vote and comment on the logos and tag lines in order to help develop an identifiable logo. It was explained to them that this logo must be simple, easily understood, and convey a message about the purpose of the Greenbelt plan. Out of the options shown, there was a general consensus from the participants with some minor modifications to the graphic and font sizes. The proposed tag lines generated additional comments. The steering committee ultimately selected “For the Future” as the tag line for the project. The final logo is located on the cover of this document. Station 2 – Designed to gather input from participants regarding existing and planned parks, trails, and greenspace, Station 2 consisted of a map that identified proposed and existing trail and park features. The planning team utilized this station to identify the following information: 61 STATION 2 COMMENTS •Planned parks or trails that are not represented on the map; •Opportunities for partnerships between municipalities and agencies to connect trails and parks; and •Understanding needs and hindrances. This station generated excellent discussion and the following planning needs were identified: • A result of the Greenbelt plan should be a county wide map that identified existing Greenbelts and trails. The map should identify differing types of trail use/surfaces and should clearly label city boundaries, major transportation routes, streams, and lakes. This plan should be incorporated into the County’s Transportation Master Plan. • More City to City communication and coordination needed on connectivity, planning, and mapping. • Educate public users and private developers on the economic, social, and environmental benefits of Greenbelts and open space. • Recommendations for land to be preserved for Greenbelts and open space. A set of guidelines and standards that municipalities could refer to for new developments. •Recommendations for trail design standards that could be utilized by smaller communities within Denton County. In addition to the adjacent listed planning needs, the participants identified some specified areas within the County that should be addressed: • A multi-use trail on the toll bridge across Lewisville Lake. • Add a paved multi-use trail through the large north/south Greenbelt between Ray Roberts Lake and Lewisville Lake. • Analyze a trail scheme that connects via a loop: Denton, Corinth, Hickory Creek, Oak Point, and Little Elm with the north / south Greenbelt between Ray Roberts Lake and Lewisville Lake. • Solutions are needed for the trail/Greenbelt/park user congestion and conflict common around Lewisville Lake and Grapevine Lake, particularly on weekends and holidays. • Provide more kayak opportunities. • Provide more public art. • Identify opportunities for incorporating destinations within the Greenbelts such as vistas, overlooks, exercise stations, and interpretive signage. • Identify the need for and ways to control invasive species. Station 3 – Illustrated potential priority areas within Denton County. The intent of this station was to begin to layer the human element onto a Geographic Information Systems (GIS) generated map that identified priority stream and Greenbelt segments. It also provided an opportunity to identify and discuss specific obstacles and opportunities that participants were aware of in regards to open space preservation. STATION 3 COMMENTS •The municipalities and agencies would benefit from one voice, especially when coordinating trails and Greenbelts within U.S. Army Corps of Engineers’ lands. •Look at planning efforts west of Flower Mound that promoted low water usage, minimal to no fertilization, cooperative grazing and cluster development. Map Reference Comments (commenters placed a marker on the map): 1. Sycamore Park and Elm Creek Trail, lake access is governed by the U.S. Army Corps of Engineers. Need an access easement for parking and maintenance. 2. This area has multiple owners: Dallas, Denton, TPWD, USACE, and Lake Ray Roberts. 3. There is an outer transportation loop planned in this area that will require 500 feet of right of way. This will impact open space and Greenbelts. 4. Arrowhead Park, there is a bridge needed to connect Hickory Creek and DCTRA. There is a trailhead. 5. The Katy Trail along the rail needs to be shown. 6. West Lake Park along Hickory Creek has been obtained from the U.S. Army Corps of Engineers. The area is green and natural. 7. North Lakes Park 350 acres. South Lakes Park 190 acres. In Denton, there is untouched prairie along prairie trail. There is a 2,900 acre at Clear Creek Heritage – it consists of green bottom land. 8. There are multi-use Greenbelt trails in this area along a utility corridor. 9. This is a highly used trail on U.S. Army Corps of Engineers’ property. 10. Union Park is an active space that has been clear cut. Future phases are planned along the floodplain. McCord Park is more natural. Municipality is working on a lease along Doe Branch. 11. Open space with the intent of preserving fresh water supply diversion. 12. Toll roads proposed along the county line that will cross over into Denton County. Currently, the majority of the property is owned by Tally Ranch. This road will cross identified priority streams. 13. There is a need to educate developers about the benefits of open space and Greenbelt preservations. 14. The City of Denton has an ordinance that limits development within sensitive areas. The Watershed Manager can supply more information. 15. This area has a creek ordinance draft and an update to the trail and open space plan. 16. Park acquisition is in process along Clear Creek. Keep Sanger Beautiful promotes preservation. Identify Ranger Branch as an area for preservation. 17. Lewisville Lake, look at all the areas around the reservoirs – they are all important. Facilitate partnerships amongst land owners. 18. LLELA – Lewisville Lake Environmental Learning Area. This area consists of green habitat, wetlands and healthy upland grasslands. The bird population is in decline. Water quality improvement and protection needs to be addressed. 19. Hickory Creek has a watershed plan. They are willing to partner with adjacent stakeholders. 20. Lewisville ISD Outdoor Learning Center (LISDOLA) Trails, Environmental learning area that has served over 10,000 kids. Pets are not allowed in this area. 21. Ray Roberts Greenbelt – 10 miles of gravel trail, 10 miles of equestrian trails. Trails connect to Isle du Bois. Includes signage, programming, kayaking on river. Owned by USACE, leased to TPWD. Project is funded by the Greenbelt Alliance. Working on keeping up with removal of invasive species. 22. Identify remnants of native Cross Timbers Prairies. 62 63 64 2 3 7 7 89 10 11 1213 14 16 17 18 20 21 64 Station 4 – The intent of this station was to identify opportunities and constraints for the plan. Large post-it boards and markers allowed moderators to catalogue the comments. This station generated a generous amount of feedback. Comments that are not already identified in the previous station write-ups are listed below: Opportunities: •This planning effort needs to be a grassroots effort to promote and educate about preservation through a marketing campaign. It should sell conservation and improved quality of life. Education should be multi- faceted and be geared towards citizens, agencies, developers, and policy makers and protect rural heritage of smaller communities. •Denton County would benefit from a holistic view and set of rules for all municipalities to use for Greenbelt development is needed. •Promote conservation easement and open space/Greenbelt dedication and provide incentives. •Show research for monetary value of Greenbelts: increase property values, reduce stormwater infrastructure cost by decreased run-off, decrease municipal water supply treatment infrastructure and reservoirs due to improved water supply and quality, increase economic development through environmental and recreation activities. •Show local examples of conservation developments and ordinances. Promote iSWM as a tool •Greenbelts should be treated as a capital program, i.e. transportation, stormwater. Use programs in place and include as an added value. •Provide green space perspective from urban folks versus rural folks. •Cure for nature deficit disorder. •General populace of county lacking education. •Provide mitigation funds for development portion of Greenbelts. Constraints: •Hard to quantify the benefits of Greenbelts. •Education about the benefits is lacking. •Tough to appreciate green space until it is gone. •Maintenance money is limited. •Public demand for Greenbelt and open space preservation is high but implementation tools are lacking. •TxDOT connectivity •Provisions need to be in place for Greenbelt corridors. •Crossings of roads need to be planned way in advance. •There is no incentive for conservation easements. •Municipalities can be viewed as anti-development if strong ordinances to preserve and protect are in play. •U.S. Army Corps of Engineers’ coordination and access slows the process down. Stakeholder participation at the first information event was productive, but most input was received from municipal representatives, and federal, state, and local agencies. In order to reach out to the citizens of Denton County, the planning team attended a second stakeholder event – Greenfest. This event was held on Saturday, September 26, 2015. The planning team operated and manned a booth at this event with the intent of getting the word out about the Greenbelt plan, social media engagement opportunities, and to collect public input. Greenfest is an annual festival hosted by the Greenbelt Alliance of Denton County. Although activities and informational booths are the primary focus of the event, Greenfest provides an opportunity for the promotion of the Ray Roberts Greenbelt to residents of Denton County and attendees from the surrounding areas. Attendees were able to participate in a variety of outdoor activities at Ray Roberts Lake State Park where the festival was held, including kayaking on the Elm Fork and exploring the park’s nature trails. Many of the participants that stopped by the booth were in favor of conservation easements and expressed a willingness to help support the Greenbelt planning effort. Our team used these conversations as opportunities to educate and spread the message for Greenbelt preservation. Participants were invited to join the conversation through social media and were encouraged to invite their friends and family to participate. 65 SOCIAL MEDIA AND ELECTRONIC INFORMATION DISSEMINATION EFFORTS For the Greenbelt Plan, social media efforts were employed to provide information to the general public. Site specific pages and “handles” were created on Facebook 21 and Twitter 22 respectively to share information about the project, as well as general information related to Greenbelt initiatives and environmental concerns. In addition to using Facebook and Twitter, a site specific web page was also created for the project, which was linked to the service- mySidewalkTM. MySidewalk23 specifically targets service areas, such as Denton County and surrounding areas. The idea was to target individuals within a specific region to empower those individuals to provide a voice to help planning groups can make informed decisions. Numerous questions were raised on the Denton County Greenbelt Plan’s website, requesting feedback for planning efforts such as, “What, in your opinion, is a Greenbelt or riparian corridor?” “For me and my family, we chose our home in Denton County when relocating to Texas from California several years ago due to the Greenbelts. These areas help to offset urban sprawl giving us a feel of space which we did not have in the over populated cities in California. In addition, the trails that run through many of the Greenbelts give us a way to get out, get active, and enjoy nature without having to take a long drive.” “Greenbelt and riparian areas are naturally occurring water treatment facilities. In these areas the watershed is shallower and closer to the surface. When downstream of urban runoff, they can help offset some of the pollutants that runoff from developed areas. They also help to retain and release water [throughout] the year as the soil and plants help absorb winter runoff and precipitation.” 21. https://www.facebook.com/UpperTrinityConservationTrust?fref=ts 22. https://twitter.com/UTCTrust 23. https://mysidewalk.com 66 67 ON-LINE SURVEY In order to gain more input from the citizens of Denton County, the planning team created an on-line survey and used social media and the mySidewalk website to request and receive input. The questions and responses are as follows: Do you live in Denton County? o 75 – Yes o 7 – No Have you visited the Ray Roberts Greenbelt between Lake Ray Roberts and Lake Lewisville? o 65 – Yes o 17 – No Do you enjoy or recreate in any of the Greenbelts in the Dallas Fort Worth Metro-plex? o 68 – Yes o 14 – No. Which of the following best describes your activity in Greenbelts? (Choose up to 3) o 30 – Walker o 48 – Birdwatcher o 9 – Jogger o 11 – Cyclist o 58 – Nature Buff o 39 – Equestrian o 7 – Kayaking / Boating o 3 – Other § (Ray Roberts Greenbelt is next to our farm.) Which of the following paths do you prefer within the Greenbelt? (Choose up to 2) o 3 – No path o 6 – Single- Track o 65 – Natural surface o 5 – Asphalt Surface o 45 – Concrete Surface o 9 – Single use 4 feet wide surface o 10 – Multi use 8’ wide o 2 – Equestrian o 1 – Other What features would you like to see along a Greenbelt? (Choose 3) o 17 – Parking o 7 – Water Fountains o 6 – Playgrounds o 6 – Boat Access o 52 – Lighting o 22 – Trash Bins o 19 – Benches o 51 – Informational / Educational Signage o 51 – Picnic Tables o 2 – Exercise Equipment o 3 – Bird Blinds o 18 – Trailheads o 2 - Other (§ Don’t care what you put. Viewing areas off the main trail) In your opinion, what are the 3 greatest benefits of Greenbelts? o 17 – Protect Vegetation o 8 – Preserve Agricultural Lands o 20 - Protect Natural Water Systems o 58 - Preserve Recreational Opportunity o 68 - Preserve Wildlife Habitat o 9 - Enhance Water Quality o 18 - Access to Public Land o 46 - Provide Educational Opportunity o 1 – Other (§ Wastes land that could be used for houses.) How far would you be willing to travel to use a Greenbelt? o 1- Less than a mile o 5 – 1-3 miles o 58 – 3 – 5 miles o 25 – Greater than 5 miles o 2 – Do not intend to use a Greenbelt How would you like to receive information about Greenbelts and Greenbelt Development in Denton County? o 11 – Website o 54 – Email o 0 – Billboards o 1 – Television Commercials o 14 – Social Media o 1 – Other From the survey, the important take-a-ways were the following: •The majority of the responders reside in Denton County. •The majority of the responders have visited and used area Greenbelt assets. •The responders trend toward nature buffs, birdwatchers, and equestrian pursuits. •The responders prefer to see either natural or concrete surfaces within their trail systems and are divided on trail widths (four or eight feet widths) and trail surfaces (natural and concrete). •The responders prefer to see picnic tables, informational/ educational signage, and lighting within their trail systems. •The responders feel the greatest benefits of Greenbelts area the preservation of wildlife habitat, preservation of recreational opportunities, and the provision of educational opportunities. •The responders are willing to travel to get to Greenbelts. The responders stated that they would be willing to travel anywhere from 3 to 5 miles and greater than 5 miles to get to Greenbelt facilities. •The responders would prefer that information specific to Greenbelts be shared through e-mail notifications and, to a lesser extent, social media and websites. “One of the interesting take-a-ways from the survey was that responders did not perceive water quality enhancement as a major benefit provided by Greenbelts.” FACE-TO-FACE MEETINGS The in-person input sessions identified a need to meet with local community developers and gain their thoughts in regards to preservation of open space and Greenbelts. Staff from the Upper Trinity Regional Water District met with representatives from four companies actively developing large tracts of land within Denton County. In general, developers did realize a benefit to providing Greenbelts, open space, and trails within a community. The questions and a condensed version of the response are below: 1. Have you worked to preserve Greenbelts in your projects? If so, would you say this contributed to the quality of the development? All four of the developers responded that they have worked to preserve Greenbelts. Often times, due to ordinances or federal requirements. If so, would you say this contributed to the quality of the development? In each case the developers reported that the Greenbelts are an amenity to the community whether they offer scenery or serve as a buffer. They did mention working with federal agencies and ordinances have caused financial and time constraints. 2. How do you view floodplains/Greenbelts within your projects? Asset or liability? They are viewed as an asset and liability. 3. If a floodplain affected one of your projects, have you incorporated multi-use features within the floodplain such as a. Stormwater feature? NR b. hike/bike trails? Yes c. Utility corridors? NR d. Left in natural state? Yes e. Developed within? NR f. Pocket parks? Yes g. Other? Could you elaborate on the feature you included? Trails and open space were common elements identified. 68 4. Do you see an increase or decrease in property values for parcels that are located in close proximity to a Greenbelt/park/natural area? One developer said they did see an increase and the others weren’t sure if they did or did not. 5. Does market indicate need for more open space/native areas? Several did market research that indicated trails and open space were one of the higher desired elements in a planned community. 6. What challenges have you faced in developments that have creeks and Greenbelts in them? How have you handled these challenges? Working within federal guidelines was difficult and a slow process. 7. If an award was given to projects that support land conservation, specifically Greenbelts, would you use that award in your marketing materials? Yes 8. Would you be interested in preserving Greenbelts if they served as an amenity to your community and could increase the value of individual lots? Yes 9. What is your opinion(s) on conservation easements? Would you be willing to set aside land, typically undevelopable land, into a conservation easement? Yes 10. Would you be willing to publicly support a Comprehensive Greenbelt Plan for Denton County? Yes “All in all, developers were supportive of the Greenbelt planning effort.” 69 From the face-to-face meetings, the important takeaway items were, developers do recognize Greenbelts as asset that can increase the value of a development and it would be beneficial if federal guidelines did not slow down the process. 70 71 Chapter Four: Greenbelt plan 72 73 Since the planning effort encompasses all of Denton County, a screening process was necessary to capture highly functioning stream corridors at a regional scale. The screening process consisted of a four part ‘yes or no’ questionnaire. Specific criteria for the identification of highly functioning streams are summarized in a technical memorandum included in Appendix A. Figure 6 displays the priority streams within Denton County following the screening process. Ray Roberts Lake Lewisville Lake Grapevine LakeMONTAGUE COUNTYCOOKE COUNTYCOOKE COUNTYGRAYSON COUNTYCOOKE COUNTYWISE COUNTY GRAYSON COUNTYCOLLIN COUNTY WISE COUNTYTARRANTCOUNTY COLLIN COUNTYDALLAS COUNTY TARRANT COUNTYDALLAS COUNTYPecan Acres Blue Mound Lakewood Village Trophy Club Farmers Branch Carrollton Richardson BedfordHaltom City Haslet NorthRichland Hills Aubrey Pelican Bay Saginaw Coppell Justin New Fairview Northlake Ponder Rhome Roanoke Newark Boyd Hurst Keller Southlake Watauga Pilot Point Allen Denton Euless FlowerMound Grapevine Irving Lewisville UniversityPark Bartonville Copper Canyon Corinth Corral City CrossRoads Dish DoubleOak Highland Village Krugerville Krum LakeDallas Oak Point Sanger Shady Shores Aurora Argyle Addison Azle Colleyville Westlake Dallas Lantana FortWorth Briar Hebron Hickory Creek ProvidenceVilllage Celina Savannah Frisco Plano Hackberry McKinney The Colony LittleElm Prosper PalomaCreek Paloma CreekSouth CastleHills Artesia PRIORITY STREAMS FOR DENTON AND SURROUNDING COUNTIES DENTON COUNTY PRIORITY STREAMS 100-YEAR FLOODPLAINS !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!CITY LIMITS / URBANIZED AREAS !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!MASTER-PLANNED COMMUNITY . 3 0 31.5 Miles Figure 6: Priority Streams The planning team acknowledges that there may be less extensive, higher functioning Greenbelts that have been excluded from the planning effort. Those smaller, highly functioning Greenbelts should be considered on the municipal or developer scale. Chapter Four: Greenbelt Plan 74 With the priority streams identified, an inventory was performed to determine whether or not each riparian corridor had sufficient vegetation, referred to as greenbelt characteristics herein, to qualify as a Greenbelt (see sidebar). This inventory examines the current extent of greenbelt corridors in the County. Riparian corridors that lack greenbelt characteristics can be preserved and allow vegetation to return naturally or by replanting. Developed stream corridors are present in the more urbanized portions of the County that lack vegetation and/or are encroached upon by development in the riparian corridor. If the priority stream was manipulated by anthropogenic activities (e.g. concrete lined channel), those streams were also inventoried as developed stream corridors. Figure 7 represents the greenbelt inventory for the priority streams. Ray Roberts Lake Grapevine Lake Lewisville LakeMONTAGUE COUNTYCOOKE COUNTYCOOKE COUNTYGRAYSON COUNTYCOOKE COUNTYWISE COUNTY GRAYSON COUNTYCOLLIN COUNTY WISE COUNTYTARRANTCOUNTY COLLIN COUNTYDALLAS COUNTY TARRANT COUNTYDALLAS COUNTYPecanAcres Blue Mound Lakewood Village Trophy Club FarmersBranch Carrollton Richardson BedfordHaltom City Haslet North Richland Hills Aubrey Pelican Bay Saginaw Coppell Justin New Fairview Northlake Ponder Rhome Roanoke Newark Hurst Keller Southlake Watauga Pilot Point Allen Denton Euless Flower Mound Grapevine Irving Lewisville University Park Bartonville Copper Canyon Corinth Corral City Cross Roads Dish DoubleOak Highland Village Krugerville Krum Lake Dallas OakPoint Sanger Shady Shores Aurora Argyle Addison Azle Colleyville Westlake Dallas Lantana Fort Worth Briar Hebron Hickory Creek Providence Villlage Celina Savannah Frisco Plano Hackberry McKinney The Colony LittleElm Prosper Paloma Creek PalomaCreek South Castle Hills Artesia INVENTORY OF STREAMS WITH GREENBELT CHARACTERISTICS RIPARIAN CORRIDORS WITH GREENBELT CHARACTERISTICS RIPARIAN CORRIDORS LACKING GREENBELT CHARACTERISTICS DEVELOPED STREAM CORRIDOR DENTON COUNTY PROTECTED LANDS (MUNICIPAL, STATE, OR FEDERAL) 100-YEAR FLOODPLAINS !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!CITY LIMITS / URBANIZED AREAS !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!MASTER-PLANNED COMMUNITY . 3 0 31.5 Miles Figure 7: Greenbelt Inventory Greenbelt Characteristics Streams with qualifying Greenbelt characteristics are defined as woody vegetation (trees and shrubs) occupying greater than 50% of the selected riparian corridor. Streams lacking qualifying Greenbelt characteristics are defined as corridors with less than 50% woody vegetation. Within Denton County, these areas were mostly either pastureland, farmland, fallow fields consisting mostly of herbaceous vegetation, or urbanizing and urban areas with limited woody riparian vegetation. Developed stream corridors are streams flanked by development, whether it be residential or commerical, that have minimal vegetative coverage. 75 Following the inventory of greenbelt characteristics for the priority streams, an analysis was performed to identify which priority streams were already offered some form of protection, whether it be from ordinance protections, already located in protected lands (state, federal, or municipal parklands), or by some other means. Figure 8 represents the undeveloped and developed stream corridors that are offered some form of protection. As the Figure illustrates, the majority of the greenbelts associated with the priority streams within Denton County currently do not have a protection mechanism in place. Preserved Greenbelt Corridors Within Denton County, there are a limited number of stream corridors that display qualifying Greenbelt characteristics where the vegetation supporting these corridors is offered protection. These protections are in the form of ordinances associated with the Town of Flower Mound and the Cities of Denton and Lewisville. The Cities of Frisco and Highland Village provide design standards within their jurisdiction that require developmental set-backs from streams. The master- planned community of Lantana also offers protections to streams within the limits of the community. In addition to ordinance protections, numerous stream segments are preserved by municipal, state, and federal owned lands. As shown, these are the linear and regional municipal parks, and state and federal owned parks and recreation facilities. For graphical purposes, only parks and protected lands greater than Figure 8: Preserved Greenbelt Corridors 76 The inventory was analyzed further to prioritize areas for Greenbelt preservation opportunities, those corridors were subdivided into primary and secondary opportunities. Limited opportunity greenbelt corridors are comprised of streams and their associated greenbelts previously impacted by development activities. Figure 9 shows the primary, secondary, and limited greenbelt opportunity stream corridors. Figure 9 also shows the streams already offered protection by ordinance or other means. Ray Roberts Lake Lewisville Lake Grapevine LakeMONTAGUE COUNTYCOOKE COUNTYCOOKE COUNTYGRAYSON COUNTYCOOKE COUNTYWISE COUNTY GRAYSON COUNTYCOLLIN COUNTY WISE COUNTYTARRANTCOUNTY COLLIN COUNTYDALLAS COUNTY TARRANT COUNTYDALLAS COUNTYPecan Acres Blue Mound LakewoodVillage Trophy Club Farmers Branch Carrollton Richardson BedfordHaltom City Haslet NorthRichland Hills Aubrey PelicanBay Saginaw Coppell Justin New Fairview Northlake Ponder Rhome Roanoke Newark Hurst Keller Southlake Watauga Pilot Point Allen Denton Euless Flower Mound Grapevine Irving Lewisville University Park Bartonville Copper Canyon Corinth Corral City CrossRoads Dish Double Oak Highland Village Krugerville Krum Lake Dallas Oak Point Sanger Shady Shores Aurora Argyle Addison Azle Colleyville Westlake Dallas Lantana Fort Worth Briar Hebron Hickory Creek Providence Villlage Celina Savannah Frisco Plano Hackberry McKinney The Colony Little Elm Prosper PalomaCreek Paloma Creek South CastleHills Artesia PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY LIMITED OPPORTUNITY DENTON COUNTY PRIORITY STREAMS 100-YEAR FLOODPLAINS PROTECTED LANDS (MUNICIPAL, STATE, OR FEDERAL)!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!CITY LIMITS / URBANIZED AREAS !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!MASTER-PLANNED COMMUNITY . 3 0 31.5 Miles Figure 9: Greenbelt Preservation Opportunities Primary Greenbelt Preservation Opportunity- Stream corridors that meet the following criteria: •Direct connection to a reservoir within Denton County, •Major stream, •Located with a municipality’s corporate limits within Denton County, or •Located within a designated high priority watershed Primary Opportunity streams may or may not have Greenbelt characteristics, reference Figure 7 for streams with Greenbelt characteristics. Secondary Greenbelt Preservation Opportunity- Stream corridors not included as Primary Greenbelt Preservation Opportunity, but do provide a significant contribution to Primary Opportunity corridors. Secondary Opportunity streams may or may not contain streams with Greenbelt characteristics, similar to Primary Opportunities. Limited Greenbelt Preservation Opportunity Streams that are extensively developed corridors, and have minimal opportunity for Greenbelt Preservation. Streams that consist of the less significant tributaries in the medium to low priority watersheds were not provided with a greenbelt opportunity identifier. If an opportunity is available to preserve lower priority streams, it should be considered. Primary Greenbelt Opportunities consist of the major streams, significant tributaries to the major streams, or streams that could bridge two existing Greenbelts. Secondary Greenbelt Opportunities include the less significant streams, or streams that are not expected to face development pressure in the near future. Not all streams identified as priority were given an opportunity status. These streams include the less significant priority streams (limited watershed), their location within Denton County, and their likelihood of being impacted by urbanization. The purpose for excluding these streams is to allow for interested parties to concentrate on the Primary and Secondary Greenbelt Opportunities. With the Greenbelts inventoried and streams identified for consideration, the priority streams were sub-divided by the corresponding 12-digit hydrologic unit code (HUC), which is essentially a sub-watershed for the stream systems associated with the Elm Fork system within Denton County and included areas immediately surrounding Denton County. With the streams sub-divided by their respective watershed, each stream and watershed was ranked for prioritization based on the following factor categories: hyrdrologic, ecologic, land use and cultural / historical. •Hydrologic •Ecologic •Land Use •Cultural/Historical According to the Texas Riparian Association, there are numerous benefits to healthy riparian areas and stream systems: •High quality habitat for both aquatic and riparian species. •Dissipation of flood energy and reduced downstream flood intensity and frequency. •Higher, longer-lasting and less variable baseflow between storm events. •Deposition of sediment in the floodplain, stabilizing and maintaining downstream reservoir capacity longer. •Debris and nutrient use and filtering in the floodplain to improve water quality and dissolved oxygen levels in the aquatic system. •Riparian vegetation canopies to shade streams and reduce their temperatures, providing a food base for aquatic and riparian fauna. •Fewer invasions of exotic undesirable riparian species. •Higher biodiversity than terrestrial uplands. •“Stabilized” banks, which reduce erosion and protect ownership boundaries. •Increased economic value through wildlife, livestock, timber, and recreational enterprises. •Improved rural land aesthetics and real estate values.24 24. http://texasriparian.org/riparian-education-program/benefits-of-healthy-riparian-areas/ accessed December 17, 2015. 77 The planning team recognizes there are exceptions to every rule, ecologically significant stream segments, stream segments that provide opportunities to bridge watersheds, stream segments that provide exceptional habitat for plants and animals (i.e. critical habitat for threatened or endangered species), and culturally/ historically significant stream segments should be considered. Stream segments that do not qualify based on the screening questionnaire yet provide a significant benefit and are threatened by development should be given immediate prioritization, even if they are not identified in this planning document. 78 Figure 10: Stream and Watershed Preservation Prioritization Ranking The specific criteria for the prioritization of the watersheds and streams are summarized in a technical memorandum included in Appendix A. The watershed and stream prioritization screening process is also on Figure 11. In total, 41 sub-watershed were assessed and provided with a priority for preservation status ranging from high to low. Of the sub-watersheds assessed, 15 were ranked as high priority25, 16 were ranked as medium priority, and 10 were ranked as low priority. As shown in Figure 10, the majority of the high priority watersheds are centered on Lewisville and Grapevine Lakes, which are then flanked by medium to low priority watersheds respectively as you progress away from those lakes. The main reason for this outcome is due to development and impending development occurring within those watersheds and the proximity of those watersheds to existing water supply reservoirs. The ranking and prioritization summary results for all watersheds assessed are detailed in Table 1, reference Figure 12. For this planning effort, the prioritization rankings correspond to a timeframe for implementation. The planning team foresees the planning horizon associated with the prioritization rankings as follows: • High – 1-10 years • Medium – 10-20 years • Low – 20 years In other words, the planning team recognizes that significant development pressures will be realized within the ranked watersheds during the specified time horizons. Accordingly, the watersheds, specifically the identified streams within those watersheds, should be afforded some form of preservation measure, prior to development. As mentioned, stream segments that met the criteria outlined herein were also provided with a priority for preservation status ranking ranging from high to low. These stream segments and their associated riparian corridors are the priority streams identified for Greenbelt dedication on a regional basis.26 25. Four watersheds assessed for this planning effort will be reduced to low priority. The document explains the rationale for reducing the priority ranking. 26. This does not preclude highly functioning streams not identified in this planning document from being afforded preservation measures. 79 Screening Process Does creek have connection to lake/river?Does creek have FEMA 100-year floodplain? Is flow regime intermittent or perennial flow? Is length greater than 3 miles? • Riparian Corridor Width • Wetlands • Geology • Topography • Erosive Soils • Vegetation % Cover • Ecological Zones • Threshold/Endangered Species Habitat • Degree of Connection to Reservoir • Proximity of Connection to Reservoir • Floodplain Extent • Watershed Size • WQLM Model Prioritization • Stream Flow Regime/ Character • Archeological Sites • Culturally Significant Areas • Historical Areas • Development of Connection to Reservoir • Proximity to Future Road Corridors • Watershed Connection • Proximity to Existing/ Proposed Trails & Parkland • Proximity to Federal Land • Proximity to Public Land • City ETJs • Proximity to Hazards Figure 11- Screening Process 80 Table 1: Watershed Prioritization and Ranking Prioritization Ranking Watershed Number Prioritization Score Prioritization Status Watershed Name 1 22 88.2 High Pecan Creek Lewisville Lake 2 19 87.1 High Middle Hickory Creek 3 24 85.9 High Panther Creek Lewisville Lake 4 3 85.6 High Culp Branch Elm Fork Trinity River 5 38 84.5 High Denton Creek Grapevine Lake 6 20 84.0 High Lower Hickory Creek 7 23 84.0 High Doe Branch Lewisville Lake 8 37 83.6 High Elizabeth Creek Denton Creek 9 14 83.5 High Pecan Creek 10 9 83.3 High Moore’s Branch Clear Creek 11 10 82.7 High Milam Creek Clear Creek 12 26 82.4 Medium Stewart Creek Lewisville Lake 13 13 80.9 Medium Town of Celina (Little Elm Creek) Lewisville Lake 14 18 80.5 Medium Upper Hickory Creek 15 15 80.3 Medium Running Branch Lewisville Lake 16 27 79.5 Medium Prairie Creek Elm Fork Trinity River 17 1 79.3 Medium Walnut Branch Isle du Bois Creek 18 33 79.2 Medium Hog Branch Denton Creek 19 25 78.8 Medium Cottonwood Branch Lewisville Lake 20 17 77.7 Medium South Hickory Creek 21 35 77.3 Medium Headwaters Elizabeth Creek 22 16 76.9 Medium Headwaters Hickory Creek 23 7 76.5 Medium Buck Creek Clear Creek 24 12 76.5 Medium Mustang Creek 25 29 76.1 Medium Indian Creek Elm Fork Trinity River 26 28 75.3 Medium Timber Creek 27 11 74.1 Medium Headwaters Little Elm Creek 28 8 73.1 Low Little Duck Creek Duck Creek 29 30 72.6 Low Grapevine Creek Elm Fork Trinity River 30 36 72.2 Low Henrietta Creek 31 32 71.9 Low Morris Branch Denton Creek 32 31 70.7 Low North Pecan Creek Denton Creek 33 34 68.7 Low Oliver Creek 34 5 67.9 Low Whites Creek Clear Creek 35 2 67.4 Low Pond Creek Elm Fork Trinity River 36 4 67.2 Low Blocker Creek 37 6 65.6 Low Flat Creek 38 40 87.0 Low* (Reclassified from High) Dove Creek Grapevine Lake 39 39 86.5 Low* (Reclassified from High) Marshall Branch Grapevine Lake 40 21 86.0 Low* (Reclassified from High) Harmony Ranch Lewisville Lake 41 41 83.6 Low* (Reclassified from High) Cottonwood Branch Denton Creek *Reclassified to low based on lack of streams in Denton County for Dove Creek, Marshall Branch, and Cottonwood Branch Watersheds, and watershed protection measures in place associated with the Ray Roberts Greenbelt for Harmony Ranch Watershed. As shown in Table 1, the top five watersheds recognized for immediate greenbelt preservation efforts include the following: 1.Pecan Creek Lewisville Lake Watershed (HUC 120301030902) (Watershed Identification Number 22) 2.Middle Hickory Creek Watershed (HUC 120301030804) (Watershed Identification Number 19) 3.Panther Creek Lewisville Lake Watershed (HUC 120301030904) (Watershed Identification Number 24) 4.Culp Branch – Elm Fork Trinity River (HUC 120301030406) (Watershed Identification Number 3) 5.Denton Creek – Grapevine Lake (HUC 120301040304) (Watershed Identification Number 38) *Reclassified to low based on lack of streams in Denton County for Dove Creek, Marshall Branch, and Cottonwood Branch Watersheds, and watershed protection measures in place associated with the Ray Roberts Greenbelt for Harmony Ranch. In total, 26 named streams were identified as high priority streams in the planning area and are as follows: Elm Fork of the Trinity River, Aubrey Branch, Bray Branch, Bryant Branch, Cade Branch, Cantrell Slough, Clear Creek, Cooper Creek, Culp Branch, Denton Creek, Doe Branch, Dove Creek, Fletcher’s Branch, Graham Branch, Graveyard Branch, Hickory Creek, Kirkwood Branch, Little Elm Creek, Loving Branch, Marshall Branch, Milam Creek, Moore’s Branch, Panther Creek, Pecan Creek, Roark Branch, and Sharp’s Branch. Table B-1 in Appendix B provides a complete summary of prioritization and ranking for all 41 sub-watersheds and identified priority streams and the County or city jurisdiction identified within the watershed. Also included in Appendix B are maps of each individual watershed and its watershed and stream preservation priority ranking(s). As shown in Table 1, the top five watersheds recognized for immediate Greenbelt preservation efforts include the following: 1. Pecan Creek-Lewisville Lake Watershed (HUC 120301030902) (Watershed Identification Number 22) 2. Middle Hickory Creek Watershed (HUC 120301030804) (Watershed Identification Number 19) 3. Panther Creek-Lewisville Lake Watershed (HUC120301030904) (Watershed Identification Number 24) 4.Culp Branch-Elm Fork Trinity River (HUC 120301030406) (Watershed Identification Number 3) 5.Denton Creek-Grapevine Lake (HUC 120301040304) (Watershed Identification Number 3) 81 8 0 84 Miles . Culp Branch - Elm Fork Trinity River Watershed Middle Hickory Creek Watershed Denton Creek - Grapevine Lake Watershed Panther Creek - Lewisville Lake Watershed Pecan Lewi Pecan Creek - Lewisville Lake Watershed Stream Prioritization LOW MEDIUM HIGH Watersheds Highest Priority Watersheds Figure 12: Five Highest Priority Watersheds Identified for Greenbelt Preservation Measures These five watersheds were selected based on prioritization criteria. Descriptions are located on the following pages and also include the cities whose corporate limits or extra- territorial jurisdiction are located within the watershed and the stream segments identified for Greenbelt preservation. 82 PRIORITY WATERSHED DESCRIPTIONS PRIORITY NUMBER ONE– THE PECAN CREEK/LEWISVILLE LAKE WATERSHED Watershed No. 22, this was the highest ranked watershed for Greenbelt preservation efforts. This watershed is located within the city limits/extra- territorial jurisdiction of incorporated areas of Shady Shores, Krugerville, Aubrey, Crossroads, Oak Point, Denton, and Corinth. The Interstate Highway (IH) 35 E corridor is also located within this watershed and is largely developed. The area east of Lewisville Lake still remains relatively undeveloped. The streams identified for Greenbelt preservation for this planning effort include the following: • Pecan Creek West • Tributary to Pecan Creek West • Cooper Creek • Unnamed Tributary to Lewisville Lake • Cantrell Slough All streams identified are considered high priority streams. This watershed, which is bisected by the upper end of Lewisville Lake, has experienced and is anticipated to continue experiencing significant development pressures. Some of the stream corridors (Pecan Creek and Cooper Creek for example) within this watershed are already developed. A majority of the streams within this watershed contain existing Greenbelts. Any efforts to provide Greenbelt protection and/or preservation measures are warranted for the five identified stream segments with Greenbelt assets. Cantrell Slough should be the key stream for Greenbelt protection measures due to the undeveloped areas surrounding this stream channel. The remaining streams have preservation protection ordinances associated with the Cities of Denton and Lewisville. It should also be noted that numerous park and trail assets are available within this watershed to provide trail connectivity to Lewisville Lake. These streams should serve as a central network for trail and park connections within this watershed. Additionally, these streams represent a central vein to Lewisville Lake – efforts should be implemented to limit non-point source pollution from entering into Lewisville Lake associated with these five high priority streams. Lewis v illeLa ke T 1 CooperCreek PecanCree k We s t TPecanC r e ekWestPecan C r e e k West C antrellS lo u g hPecan Creek-Lewisville Lake Stewart Creek-Lewisville Lake Pecan Creek Middle Hickory Creek Timber Creek Cottonwood Branch-Lewisville Lake Lower Hickory Creek Culp Branch-Elm Fork Trinity River Moores Branch-Clear Creek Running Branch-Lewisville Lake Harmony Ranch-Lewisville Lake Upper Hickory Creek Denton Creek-Grapevine Lake Milam Creek-Clear Creek Headwaters Hickory Creek Watershed Name, Priority Score Pecan Creek-Lewisville Lake, 88.15 PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY LIMITED OPPORTUNITY Pecan Creek-Lewisville Lake Watershed (HUC 120301030902) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 22 of 41 Stream Name, Miles, Priority Score Cantrell Slough, 6, 86 Cooper Creek, 4, 86 Cooper Creek, 5, 90 Lewisville Lake T1, 3, 89 Pecan Creek West T, 6, 90 Pecan Creek West, 6, 87 Pecan Creek West, 7, 92 . 8,500 0 8,5004,250 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High Figure 13: Priority No. 1 - Pecan Creek / Lewisville Lake Watershed 83FletcherBr a n chGraveyard B r a n c h Gravey a rdB r a nchFin cherBran c hLovingBranchR o arkBranchHickory CreekRoarkBranchTRoarkBranch Middle Hickory Creek Pecan Creek-Lewisville Lake Timber CreekMarshall Branch-Grapevine Lake Hog Branch-Denton Creek Lower Hickory Creek South Hickory Creek Dove Creek-Grapevine Lake Upper Hickory Creek Denton Creek-Grapevine Lake Elizabeth Creek-Denton Creek Headwaters Hickory Creek Watershed Name, Priority Score Middle Hickory Creek, 87.075 PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY LIMITED OPPORTUNITY Middle Hickory Creek Watershed (HUC 120301030804) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 19 of 41 Stream Name, Miles, Priority Score Fincher Branch, 6, 85 Fletcher Branch, 4, 88 Graveyard Branch, 6, 90 Hickory Creek, 6, 92 Loving Branch, 6, 88 Roark Branch T, 3, 81 Roark Branch, 11, 88 . 6,700 0 6,7003,350 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High PRIORITY NUMBER TWO - THE MIDDLE HICKORY CREEK WATERSHED Watershed No. 19, is located to the west of Lewisville Lake and encompasses the City of Denton and Towns of Argyle, Copper Canyon, and Bartonville. Within this watershed, seven streams were identified for Greenbelt preservation and include: • Hickory Creek • Loving Branch • Graveyard Branch • Fletcher Branch • Roark Branch • Unnamed Tributary to Roark Branch All streams are considered high priority streams with the exception of Fincher Branch and an Unnamed Tributary to Roark Branch, both of which are considered medium priority streams. These streams all provide a direct connection to Lewisville Lake. The lower segment of Hickory Branch within the watershed is protected by land owned by the federal government associated with Lewisville Lake. Numerous streams within this watershed contain existing Greenbelts. Opportunities also exist to create and enhance Greenbelts along Roark Branch, Graveyard Branch, and Loving Branch. Further, numerous park and trail assets are located in the vicinity of Hickory Creek and Fletcher Branch. Trial connections using these streams as Greenbelt corridors would provide direct access to Lewisville Lake, as well as other park and recreation assets located in these streams vicinity. The IH-35 W, IH-35 E, and US Highway 377 corridors are also located within this watershed. As development pressures encroach from the south from the City of Denton and as the Towns of Argyle, Copper Canyon, and Bartonville expand, development pressures adjacent to these streams segments will likely increase without preservation measures in place. The Towns of Argyle, Copper Canyon, and Bartonville should consider Greenbelt preservation efforts along these stream segments. Further, these stream networks have the ability to provide access to the City of Denton, the University of North Texas, and Texas Woman’s University, as well as park and recreation assets within the City of Denton and along Lewisville Lake. Figure 14: Priority No. 2 - Middle Hickory Creek Watershed Stream segments within the City of Denton are considered to be environmentally sensitive areas and subject to the City’s Preservation Ordinances 84 P antherCreek P ar vi nBranch Panther Creek-Lewisville Lake Stewart Creek-Lewisville Lake Town of Celina-Lewisville Lake Pecan Creek Cottonwood Branch-Lewisville Lake Doe Branch-Lewisville Lake Running Branch-Lewisville Lake Mustang Creek Watershed Name, Priority Score Panther Creek-Lewisville Lake, 85.875 PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY LIMITED OPPORTUNITY Panther Creek-Lewisville Lake Watershed (HUC 120301030904) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 24 of 41 Stream Name, Miles, Priority Score Panther Creek, 12, 90 Parvin Branch, 5, 83 . 7,100 0 7,1003,550 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High PRIORITY NUMBER THREE - THE PANTHER CREEK/ LEWISVILLE LAKE WATERSHED Watershed No. 24, encompasses the City of Frisco and Town of Little Elm. This watershed is located to the northeast of Lewisville Lake and bisects the Denton and Collin County line. Panther Creek, a high priority stream, and Parvin Branch, a medium priority stream, were the two streams identified for Greenbelt preservation within this watershed. Both Panther Creek and Parvin Branch have fragmented, isolated Greenbelt assets. Connections to these fragmented, isolated Greenbelt assets should be a priority for these two priority streams. Park and trail assets are limited within this watershed; therefore, opportunities exist for increasing those numbers as well as linkages to existing park and trail assets located in the watersheds to the south. This watershed is largely undeveloped; however, it is primed for future developments based on development pressures increasing from the south. The lower limits of Panther Creek, near the confluence with Lewisville Lake, are rapidly being developed. The terminus of the existing North Dallas Tollway is located within this watershed. It should also be noted that the “Outer Loop” roadway expansion is located in the vicinity of this watershed. The North Dallas Tollway and the proposed “Outer Loop” are major roadway projects that would provide commuter access to areas within this watershed that are currently undeveloped. Accordingly, development pressures would be expected to increase as commuter access is provided. Panther Creek and Parvin Branch should be considered by Frisco and Little Elm for Greenbelt preservation measures. Figure 15: Priority No. 3 - Panther Creek / Lewisville Lake Watershed The City of Frisco maintains Development Standards for activities within floodplains currently Frisco mandates a 20 foot setback adjacent to a “No Build and Preservation Easement” to preserve topography and vegetation. It also stipulates no grade changes or vegetation removal. 85 C ulpBran c hCulpBranchT3BrayBr a n chTElm Fork T r i ni t yRi verNorthBray BranchCulp Branch T 2 Cul pBr a nc h T1 A u breyB ranch Bra y B r a nch Culp Branch-Elm Fork Trinity River Walnut Branch-Isle du Bois Creek Pecan Creek Pond Creek-Elm Fork Trinity River Pecan Creek-Lewisville Lake Pecan Creek-Lewisville Lake Moores Branch-Clear Creek Running Branch-Lewisville LakeHarmony Ranch-Lewisville Lake Milam Creek-Clear Creek Watershed Name, Priority Score Culp Branch-Elm Fork Trinity River, 85.6 PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY LIMITED OPPORTUNITY Culp Branch-Elm Fork Trinity River Watershed (HUC 120301030406) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 3 of 41 Stream Name, Miles, Priority Score Aubrey Branch, 4, 90 Bray Branch T, 4, 87 Bray Branch, 5, 92 Culp Branch T1, 3, 83 Culp Branch T2, 3, 86 Culp Branch T3, 5, 88 Culp Branch, 9, 92 Elm Fork Trinity River North, 10, 94 . 5,750 0 5,7502,875 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High Figure 16: Priority No. 4 - Culp Branch / Elm Fork Trinity River Watershed PRIORITY NUMBER FOUR– THE CULP BRANCH/ELM FORK TRINITY RIVER WATERSHED Watershed No. 3, is the primary watershed located below Ray Roberts Lake and above Lewisville Lake. It includes the Elm Fork Trinity River and the Ray Roberts Greenbelt Park. Within this watershed, protection measures are in place for the Elm Fork and its associated riparian corridor. However, this watershed also includes three tributaries to the Elm Fork that are not afforded protection by the Ray Roberts Greenbelt Park. These tributaries include Aubrey Branch, Bray Branch, and Culp Branch. In addition, Culp Branch has three unnamed tributaries and Bray Branch has one unnamed tributary, which were identified for Greenbelt designation. All streams identified within this watershed have a high prioritization ranking with the exception of one tributary to Culp Branch, which is ranked as medium. This watershed includes the Cities of Aubrey, Denton, and Pilot Point. Aside from the Ray Roberts Greenbelt Park, no other park or trail assets were identified along these area watercourses. Due to the proximity to U.S. Highway 380, the Ray Roberts Greenbelt Park, and Ray Roberts and Lewisville Lakes, the undeveloped land within this watershed would be expected to see increased developmental pressures in the near term. A transportation system referred to as the “outer loop” is being considered for this area. Therefore, the Cities of Aubrey and Pilot Point should consider Greenbelt protection measures for the identified priority streams and their associated Greenbelts located within this watershed. Greenbelt connection opportunities are available along Aubrey Branch, Culp Branch, and Bray Branch, including tributaries to these streams. All of these stream corridors provide a direct connection to the Ray Roberts Greenbelt, which would be a positive benefit for any future proposed developments. Stream segments within the City of Denton are considered to be environmentally sensitive areas and subject to the City’s Preservation Ordinances 86 D ento nCree k W hitesBranch TGr a h a mBr a nchWhitesBranchCadeB ranc hDenton Creek-Grapevine Lake Middle Hickory Creek Timber Creek Marshall Branch-Grapevine Lake Hog Branch-Denton Creek Lower Hickory Creek Oliver Creek Dove Creek-Grapevine Lake Headwaters Elizabeth Creek Henrietta Creek Elizabeth Creek-Denton Creek Watershed Name, Priority Score Denton Creek-Grapevine Lake, 84.5 PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY LIMITED OPPORTUNITY Denton Creek-Grapevine Lake Watershed (HUC 120301040304) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 38 of 41 Stream Name, Miles, Priority Score Cade Branch, 4, 87 Denton Creek, 7, 88 Graham Branch, 8, 86 Whites Branch T, 3, 81 Whites Branch, 6, 85 . 6,500 0 6,5003,250 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High Figure 17: Priority No. 5 - Denton Creek / Grapevine Lake Watershed PRIORITY NUMBER FIVE - THE DENTON CREEK/GRAPEVINE LAKE WATERSHED Watershed No. 38, is located immediately west of Grapevine Lake and includes the confluence of Denton Creek with Grapevine Lake. Within this watershed, protection measures are in place for Denton Creek associated with federally owned land connected with Grapevine Lake. However, four tributaries – Cade Branch, Graham Branch, White’s Branch, and an unnamed tributary to White’s Branch – were identified for Greenbelt designation. Graham Branch and Cade Branch are both ranked as high priority streams and White’s Branch and its unnamed tributary are classified as medium priority streams. Denton Creek and White’s Branch are the only streams within this watershed that have existing Greenbelts. Opportunities exist along Cade Branch and Graham Branch to create Greenbelts and provide connections to the existing Greenbelt along Denton Creek. This watershed includes the municipalities of Roanoke, Argyle, Bartonville, Trophy Club, Westlake, and Flower Mound. Cade Branch is located within a rapidly developing area of Roanoke and requires immediate Greenbelt protection measures. Graham Branch, which flows through the Towns of Argyle and Flower Mound, is still relatively undeveloped. However, development pressures along Graham Branch would be expected in the near term and thus should be afforded Greenbelt protection measures. White’s Branch and its tributary are located within the Towns of Argyle, Bartonville, and Flower Mound. Although these are medium priority streams, development pressures are anticipated to encroach into these streams and accordingly should be considered for Greenbelt protection measures. The Town of Flower Mound has ordinances in place that protect aquatic resources and their corresponding adjacent natural areas. The previous examples described the five highest priority watersheds identified during the watershed and stream prioritization process within the limits of the planning area, which included the entirety of Denton County and watersheds overlapping Denton County into adjacent Counties. Each of the example watersheds contains areas that have been developed, are currently being developed, or are largely undeveloped. Many of the streams within these watersheds have existing Greenbelts, which will require protection measures. Other opportunities along streams lacking Greenbelts require strategies to protect the corridors they encompass and plans to revegetate the corridors. Connecting areas along streams lacking Greenbelts to areas with existing Greenbelts will only improve the integrity of the stream corridor and afford the ancillary benefits associated with Greenbelts described herein. It should also be noted that many of the priority streams include existing park and trail assets where connections to other park and trail assets or other municipalities could be provided through Greenbelts along the priority stream segments. It is incumbent upon Denton County, its municipalities, and the development community doing business in the County to reference the identified priority stream segments and watersheds for preservation opportunities such as; connections to existing Greenbelts; and existing proposed assets such as parks, trails, and other recreational and passive outlets. In Appendix C, each municipal jurisdiction is superimposed onto the priority watersheds. These maps will assist municipalities and County leaders in identifying opportunities to connect their existing Greenbelt assets, as well as connecting existing park and trail assets to neighboring park and trail assets either within their corporate limits or to neighboring municipalities or County park and trail assets. 27. http://fortworthtexas.gov/uploadedFiles/Planning_and_Development/Boards_and_Commissions/Lake_ Worth_RCC/Documents/141219-lake-worth-green-print.pdf accessed September 2, 2015. Assets of Greenbelts Conservation/Preservation: Greenbelts support land conservation, habitat preservation, cultural and historical preservation, and opportunities for sustainable practices. Increased Property Values: According to a 2014 study by the City of Fort Worth for its Lake Worth Greenprint Project, market values of properties located adjacent to parks increased by five percent when compared to neighboring properties not abutting greenspace.27 Quality of life: Recreational opportunities, both passive and active, increase quality of life. Transportation Alternatives: Greenbelts promote the use of non- motorized transportation, such as cycling or running, for travel between destinations. Placemaking: Greenbelts go beyond simply developing land for a singular purpose—Greenbelts provide destinations or a means to get to certain destinations. This, in turn, provides a community with a sense of place. Grassroots involvement from the community living within the space help define what’s best for that community furthering its sense of place. Commonality: The Greenbelts provide public common areas for multiple uses by many different groups. This will help to unite the people of Denton County in a way that is rewarding socially, as well as physically. 87 88 Chapter Five: Implementation Strategies 89 90 Prior to this plan, numerous parks, linear trails, greenspace preservation areas, and Greenbelts planning efforts have been established in Denton County. The crown jewel of this planning effort is the Greenbelt Corridor from Ray Roberts Lake to Lewisville Lake. This multi-use Greenbelt park provides an array of trails and facilities for users to enjoy along its eleven mile stretch of the Elm Fork of the Trinity River, a perfect model for future Greenbelts in Denton County. Altruism will not protect all existing Greenbelts, priority streams, and priority watersheds identified in this planning document. Protecting and preserving Greenbelt corridors within Denton County will require demand from the general public, protection measures specific to Greenbelt preservation, and funding mechanisms to make the Greenbelt corridors become real. The following outlines a menu of implementation strategies to facilitate Greenbelt corridor preservation. A toolbox of these implementation strategies is provided in Appendix D. The following outlines implementation strategies to garner interest in the Denton County Greenbelt Plan. Strategies are included for developers, County or municipal agents, and landowners to assist in implementing the Greenbelt Plan. Also included with the toolbox of implementation strategies in Appendix D is a matrix identifying which tools are applicable to specific interested parties. INTEREST AND DEMAND FOR GREENBELTS Education and outreach is paramount for future Greenbelt preservation efforts in Denton County. An informed constituency will generate interest in Greenbelts. Interest would, in turn, command demand for Greenbelts. Consequently, as awareness and demand for Greenbelts increase, supply will have to meet that demand. The following are concepts to generate awareness, interest, and eventual demand for Greenbelts within Denton County. LOGO AND TAG LINE As previously mentioned, a logo and tag line were prepared, based on input from the stakeholders during the planning efforts. The logo and tag line should become the brand for Greenbelt preservation in Denton County. This brand should be included on any advertisement or product developed on behalf of the project: television commercials, billboard advertising, social media outlets, Denton County Greenbelt Plan website, signage, brochures, mailers, awards programs, and any other applicable informational product. Brand recognition is vital to developing interest in Greenbelt preservation for Denton County. Chapter Five: Implementation Strategies 91 BROCHURES Another product of this planning effort was the development of a simple, creative, and informative brochure for Greenbelt preservation. The brochure will easily identify the benefits of Greenbelts, the five priority areas within the County and discuss implementation strategies for the Greenbelt plan. Distribution of this brochure should be widespread throughout Denton County – in public spaces, economic development offices, county and municipal buildings, libraries, schools, and any other applicable venue. These informational pieces are mini-advertisements promoting Greenbelt preservation. The brochure will be made available digitally via the internet and social media. PUBLIC AWARENESS CAMPAIGNS Water conservation is a hot topic in North Central Texas, especially during the persistent drought in the late 2000’s through 2015. The water purveyors in North Central Texas have invested heavily in media campaigns to disseminate information on water conservation efforts, which have paid dividends. Despite increasing population projections, regional water planning groups estimate that approximately one-quarter of the state’s future water supply will come from water conservation efforts.28 Public awareness campaigns are the principal outlets for distributing water conservation information to the general public. Billboards, radio, and television continue to be the primary sources for these public awareness campaigns. Public awareness campaigns work, and the water conservation marketing campaign is an excellent model to duplicate for the promotion of Greenbelts in Denton County. At a minimum, advertisement of the logo, tagline, and website on prominent billboards in Denton County should be employed. As funding and interest in Greenbelt preservation increases, radio and television spots should be considered. These radio and television spots should not be limited to local media outlets. Opportunities exist for advertisement on application based radio stations, such as Pandora or Spotify and visual media applications, such as YouTube.28. An Assessment of Water Conservation – Report to the 82nd Legislature. Texas Water Development Board and Texas State Soil and Water Conservation Board. March 2012. 92 WATER BILL INSERTS Akin to brochures, water bill inserts are another avenue for information sharing. Water bill inserts are low cost informational pieces designed to inform the public on community initiatives. At a minimum, a water bill insert should be prepared for distribution to the communities within Denton County to include in their water bill. These water bill inserts should consist of the logo, tag line, website, and general Greenbelt preservation Information. AMBASSADORS FOR GREENBELTS PROGRAMS Ambassadors for Greenbelt programs should educate and inform the general public on all aspects of Greenbelts. Analogous to the Master Gardener, Master Naturalist, or Texas Water Specialist programs, the Ambassadors for Greenbelts program should follow a curriculum where prospective ambassadors participate in a classroom setting. At the conclusion of the program, the participant becomes a certified Ambassador for Greenbelt preservation. These individuals will become the grassroots advocates for Greenbelt preservation in Denton County. PUBLIC SPEAKING ENGAGEMENTS Another effective strategy to develop and promote ambassadors or stewards for Greenbelts is to speak at public events focusing on land development concerns. Ambassadors should advocate for, provide expertise on, and build support for public policy and planning that supports greenspace conservation. Stewards/ambassadors should be encouraged to attend zoning and planning commission public meetings, general speaking engagements, and be a voice for greenspace preservation in local settings. GREENSPACE ADVISORY COMMITTEE Encouraging and supporting municipalities within Denton County to create an advisory committee or board with appointed positions is another way to promote the Greenbelt preservation initiative. The members of the advisory committee or board would serve as experts on Greenbelt planning and acquisitions, coordinate preservation efforts and advise City Councils on proper and suitable lands for greenspace preservation. RECOGNITION PROGRAMS (AWARDS AND ENDORSEMENTS) For the development community, develop criteria for the endorsement of development projects that promote Greenbelt preservation. As developers preserve Greenbelts, the developer should be allowed to include an endorsement from the Upper Trinity Conservation Trust or similar entity that the project is a “Denton County Greenbelt Endorsed Project.” These endorsement materials can be used for promotional materials, website, etc. To expand on the endorsement program, an awards program should be developed to acknowledge and award developers who promote Greenbelt preservation. This awards program could be performed on an annual or biannual basis. For private and public land owners, stewardship award programs, similar to the award provided by the Denton County Soil and Water Conservation District’s stewardship award, should be developed to recognize individuals and entities performing watershed protection measures on their property. OUTINGS There should also be efforts to encourage municipalities, organizations, and user groups to sponsor events within Greenbelts, events that support Greenbelt initiatives, or events or programs that support and promote clean waterways. The best way to foster Greenbelt preservation is to get out and enjoy Greenbelts. Greenfest is an excellent example of a public outing encouraging and promoting the enjoyment of the Ray Roberts Greenbelt. Keep Denton Beautiful and Keep Lewisville Beautiful are other outlets that could promote Greenbelt preservation as well as clean watershed programs. For example, Keep Lewisville Beautiful and the City of Lewisville promote the “Clean Stream Team.” The Clean Stream Team participants, similar to the Adopt-a-Highway program, adopt a waterway for the purpose of cleaning the waterway monthly, bimonthly, quarterly, or at a minimum annually. The Tarrant Regional Water District supports an Adopt-a-River program along the Trinity Trails. 93 COMMENT LETTERS The Upper Trinity Conservation Trust or similar entity should draft and provide sample letters to promote Greenbelts and greenspace preservation within Denton County including surrounding Counties. These sample letters should target city council members, city managers, mayors, County commissioners, and state representatives touting the benefits of Greenbelt preservation and the benefits they afford their constituents. SCHOOL EDUCATION CURRICULA School curricula should be established to promote the benefits of greenspace/Greenbelt preservation to the school-aged children. The Trinity Learning Across New Dimensions in Science (L.A.N.D.S.) Program29 is a prime example of teaching children about natural resource literacy, the benefits of clean watersheds, and about the Trinity River watershed. Empowering children to be advocates for greenspace preservation will permeate the family, which should shift attitudes toward the value of land stewardship. TRAINING PROGRAMS Government staff, landowners and others involved in managing natural resources would benefit from training programs to learn fundamentals of Greenbelt and stream corridor management principles and how to monitor effectiveness over time. The Texas Water Resources Institute30 has a statewide training program with two different courses. The Riparian and Stream Ecosystem Workshop teaches the basic principles of stream hydrology and riparian stewardship and includes a site visit to a nearby creek to evaluate based on those learned principles. The Proper Functioning Condition workshop is a two-day workshop that teaches the Proper Functioning Condition assessment tool for evaluating Greenbelt and stream conditions over time. SUMMARY The strategies and practices outlined herein to promote and generate demand for Greenbelt preservation are not all inclusive. Other means may be available and should be incorporated as the opportunity is identified. These “demand for Greenbelt” generating practices are concepts that should be performed at a minimum to generate interests for Greenbelt preservation.29. https://www.texas-wildlife.org/program-areas/learning-across-new-dimensions-in-sciencel.a.n.d.s 30. http://twri.tamu.edu/ 94 The benefits of effective stormwater runoff management include: •Improved water quality of receiving water bodies, •Protection of wetlands and aquatic ecosystems, •Conservation of water resources, •Protection of public health, and •Flood control. The National Pollutant Discharge Elimination System (NPDES) program addresses water pollution by regulating point sources that discharge pollutants to waters of the U.S. The three sources the NPDES program regulates include: municipal separate storm sewer systems (MS4), construction activities, and industrial activities. Specific to this planning effort, municipalities can benefit from the development and protection of Greenbelts in order to comply with their MS4 permit conditions. MS4’s are stormwater conveyance systems that are owned by a state, city, town, village, or other public entity that convey stormwater directly to a water of the U.S. These conveyance systems can include ditches, curbs, gutters, storm sewers, and similar means for collecting and conveying stormwater runoff. These systems do not include combined storm and sanitary sewer systems or components of a sewage treatment facility. PROTECTION MEASURES FOR GREENBELTS As shown in the Greenbelt Plan, numerous Greenbelt assets exist in Denton County. Further, opportunities do exist within Denton County to expand those Greenbelt assets before they are lost to urbanization. Accordingly, protection measures are warranted to maintain these identified Greenbelt Corridors in perpetuity. The following are a listing of measures that municipalities or Denton County can implement to protect the identified Greenbelt corridors into the foreseeable future. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM – MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) Population growth and the development of urban/urbanizing areas are major contributors to the quantity of pollutants in stormwater runoff, as well as the volume and rate of runoff from impervious surfaces. Together, they cause changes to hydrology and water quality that result in habitat modification and loss, increased flooding, decreased aquatic biological diversity, and increased sedimentation and erosion. Figure 18: A Comparison of Hydrographs Before and After Urbanization 30 31. https://cfpub.epa.gov/watertrain/moduleFrame.cfm?parent_object_id=624&object_id=629 In urbanized settings, following storm events, stormwater increases in volume and is much more prone to flash flooding than natural settings. In Texas, the Texas Commission on Environmental Quality issues MS4 permits to municipalities. For issuance of a MS4 permit, the permittee must develop a stormwater management program that describes the stormwater control practices that will be implemented to minimize the discharge of pollutants from their stormwater conveyance systems. The focus of the stormwater management program is to describe how the MS4 will reduce the discharge of pollutants from its stormwater conveyance systems through the following program areas: •Construction site runoff controls, •Illicit discharge detection and elimination, •Pollution prevention and good housekeeping measures, •Post-construction runoff controls, •Public outreach and education, •Public involvement and participation, •Program effectiveness evaluations, and •Total maximum daily load limits. Of the eight program areas listed, Greenbelts and the waterways they encompass apply to four of the program areas: •Post-construction runoff controls, •Public outreach and education, •Public involvement and participation, and •Program effectiveness evaluations. Protection of Greenbelts and the waterways they encompass are opportunities for municipalities to comply with numerous aspects of the stormwater management plan within their jurisdiction, as well as the MS4 permit conditions. ENVIRONMENTAL REGULATIONS AND GUIDELINES Numerous federal regulations and executive orders have been enacted to protect aquatic resources and infrastructure. Notable regulations include the Clean Water Act, Flood Disaster Protection Act, National Flood Insurance Act, and National Environmental Policy Act. Executive Orders include EO 11988 for floodplain management and EO 11990 for the protection of wetlands. These regulations and executive orders deter development from encroaching into and/or impacting aquatic resources. If aquatic resources are to be impacted, necessary compensation is required to comply with these regulations. Permits are required from the administering federal agency to impact these resources. The Section 404 of the Clean Water Act permitting process for impacts to waters of the U.S. is a prime example. Denton County and its municipalities should require all federal permits, associated with development within identified Greenbelt corridors, prior to authorization of the site development plan. ORDINANCES An ordinance is a piece of legislation enacted by municipal or County governments designed to provide certain prohibitions within municipal or County jurisdictions. For the Greenbelt planning effort, ordinances can be developed to deter or prevent development within the identified priority streams or watersheds. Specific ordinances that have been implemented by municipalities to deter or prevent development within stream corridors, watersheds, or environmentally sensitive areas include at a minimum the following: • Designation of Environmentally Sensitive Areas • Floodplain Provisions • Watershed Protection • Greenspace Preservation Areas • Tree Removal • Urban Forestry • Oil and Gas Development • Parkland Dedication The City of Denton has watershed protection programs in place that include tree, floodplain, environmentally sensitive area ordinances, and others such as oil and gas development. The Town of Flower Mound also has a tree protection ordinance as well as their SMARTGrowth program. The City of Lewisville has environmental-centric ordinances, which offer floodplain protections, and the City of Fort Worth has an urban forestry ordinance. All of these ordinances are designed to maintain the natural integrity of their City, portions of which include the preservation of Greenbelts along the streams within their jurisdiction. The ordinances 95 authored by the Cities of Denton, Flower Mound, or Lewisville should be used as a reference for the development of environmental related ordinances within a municipal jurisdiction. The specific ordinance language is available on their respective websites. PROPERTY TAX EXEMPTIONS Open Space Easements, either temporary or in perpetuity, between Denton County and the landowner, voluntarily entered into by the landowner, can act to preserve their land as open space or for wildlife management in exchange for certain tax benefits or exemptions. This would require cooperation and coordination with the Denton County Appraisal District and Denton County. Denton County allows for an Open Space Agricultural Valuation for Wildlife Management. Under Comptrollers’ Rule 9.2002, Denton County falls into the Cross Timbers and Prairies region as designated by Texas Parks and Wildlife Department. According to Comptrollers’ rule 9.2005, the minimum number of acres required to qualify for an agricultural appraisal based on wildlife management within Denton County is 14.25 acres. 32 The Denton County Appraisal District can be contaced for further information. GREENBELT DISTRICTS Municipalities or Denton County should consider the identification of preferred Greenbelt or greenspace areas within the jurisdiction of a municipality and designate those preferred Greenbelt or greenspace areas into districts. Any development within Greenbelt Districts would require special permission from City or County interests. An excellent example of a program that the Greenbelt Districts could be modeled after is the Town of Flower Mound’s Cross Timbers Conservation Development District. The principal purpose for this conservation development district is to preserve the cross-timbers ecosystem and other natural systems using conservation easements and other conservation techniques. 33 PURCHASE OF DEVELOPMENT RIGHTS A “purchase of development rights” is a permanent restriction on the land initiated after an agreement between an entity, a municipality, or Denton County and the landowner. This agreement would be voluntarily entered into by the landowner to preserve their land as open space in exchange for a cash payment for those development rights. Upper Trinity Conservation Trust could serve as the facilitator of these trusts. CONSERVATION EASEMENTS A conservation easement is a written agreement between a landowner and a governmental entity or a land trust, such as the Upper Trinity Conservation Trust, whereby the landowner voluntarily restricts certain uses of the property in perpetuity to protect its natural, productive or If a landowner donates a conservation easement to a qualified land trust, the donation may qualify as a charitable contribution under IRS regulations if: a) The easement is granted in perpetuity; b) The easement is granted to a qualified organization, such as a nonprofit, 501(c)(3) charitable land trust; c) The easement achieves at least one of the following conservation purposes: 1) Preserves land for public outdoor recreation or education; 2) Protects relatively natural habitats of fish, wildlife or plants; 3) Preserves open space, either for scenic enjoyment or in keeping with a clearly delineated public policy (such as local open space plan); or 4) Preserves historically important land or certified historic structures.96 32. https://www.dentoncad.com/index.php?option=com_docman&task=doc_ details&gid=16420&Itemid=96 accessed January 3, 2016. 33. http://www.flower-mound.com/index.aspx?NID=1194 accessed January 3, 2016. 97 cultural features. Conservation easements are generally developed to limit the right to subdivide or develop the property. Conservation easements are unique to each landowner and property and are written to meet the individual needs of the landowner. It allows flexibility for other activities, such as hunting, as long as the conservation values agreed to in the easement are protected. Conservation easements do not have to cover the entire property and may only apply to portions of the property, depending on the landowner’s wishes. For example, the Upper Trinity Conservation Trust’s seeks to acquire easements specifically on riparian areas and Greenbelts but will accept easements for upland areas as well, depending on the situation and the value to water quality protection. As a condition of the conservation easement, the land trust or other qualified easement holder has enforcement rights to protect the easement, which includes legal remedies. If interested in a conservation easement, one may read though the handbook “Conservation Easements: A Guide for Texas Landowners,” developed by the Texas Land Trust Council, which can be found at the Upper Trinity Conservation Trust website. 34 As of December 2015, the U.S. Congress made permanent a federal tax incentive for donated conservation easements and includes changes, such as: •Raises the deduction a donor can take for donating a conservation easement from 30 percent of their income in any year to 50 percent. •Allows qualifying farmers and ranchers to deduct up to 100 percent of their income. •Extends the carry-forward period for a donor to take tax deductions for a voluntary conservation easement from 5 to 15 years. To learn more about the permanent incentive, see the Land Trust Alliance Tax Incentive brochure in Appendix E. 34. http://utct.org/downloads.html Why should I grant a conservation easement to the Upper Trinity Conservation Trust? A conservation easement is a voluntary, legal agreement between a landowner and a land trust or government agency that permanently limits uses of the land in order to protect its conservation values. It allows you to continue to own and use your land and to sell it or pass it on to heirs. When you donate a conservation easement to Upper Trinity Conservation Trust (Trust), you give up some of the rights associated with the land. For example, you might give up the right to build additional structures, while retaining the right to ranch. Future owners also will be bound by the easement’s terms. The Trust is responsible for making sure the easement’s terms are followed on a long-term basis. A conservation easement offers one of the best ways to permanently preserve natural features of land, whether floodplain, a meadow, trees, a creek or wetland. It is a legal agreement made with the landowner to maintain natural conditions and to limit future development of the property. People execute conservation easements because they love their open space land, and want to protect its natural features along the creeks and streams - - which helps to safeguard the quality of water we drink, the air we breathe and the food we eat. 98 MITIGATION BANKING Mitigation banking is an enterprise where a wetland, stream, or other aquatic resource area is restored, established, enhanced, or in certain circumstances, preserved for the purpose of providing compensation for unavoidable impacts to aquatic resources permitted under Section 404 of the Clean Water Act. A Mitigation Bank (or land area that encompasses the restored wetlands, streams or other aquatic resources) may be created when a government agency, corporation, non-profit organization, or other entity undertakes the restoration activities following a formal agreement with the regulatory agency that administers the program. At this juncture, the U.S. Army Corps of Engineers is the lead regulatory agency that approves mitigation banks. The value of the mitigation bank is defined by “compensatory mitigation credits.” A bank’s agreement (or instrument) with the U.S. Army Corps of Engineers identifies the number of credits available for sale. The mitigation bank owner sets the price of those compensatory mitigation credits. Any entity that impacts waters of the U.S. has to purchase credits to offset those impacts. More information specific to mitigation banking is available on the U.S. Army Corp of Engineers website. Mitigation banks are excellent opportunities for landowners to restore, enhance, and preserve natural resources within their lands while providing a revenue stream for those preservation efforts. An example of a mitigation bank located in Denton County is the Mill Branch Stream Mitigation Bank. The Mill Branch Stream Mitigation Bank is situated along Mill Branch in the northwestern portion of Denton County, west of the City of Sanger. The credits sold by the Mill Branch Stream Mitigation Bank include intermittent stream and riparian buffer credits. If a developer adversely impacts streams associated with their development within Denton County, or even portions of the surrounding counties, they can offset those impacts to streams or riparian corridors with Mill Branch’s stream or riparian buffer credits. IN-LIEU FEE PROGRAMS In-lieu Fee programs are monies paid to a governmental or non- profit natural resources management entity, such as the Upper Trinity Conservation Trust, to satisfy compensatory mitigation requirements associated with Department of the Army permits (specifically Section 404 of the Clean Water Act permits). From the monies received, the governmental agency or non-profit uses those funds for restoration, establishment, enhancement, and/or preservation of aquatic resources. In-Lieu Fee programs require U.S. Army Corps of Engineers approval and are similar to mitigation banks in that they sell mitigation credits to permittees whose obligation is to provide compensatory mitigation for impacts to aquatic resources. In-Lieu Fee programs are excellent opportunities for a government or non-profit entity to restore lands within their operational or jurisdictional area with the funds for the restoration efforts provided by the permittee (developer) seeking the Section 404 of the Clean Water Act permit. This program, as well as the mitigation banking program, would allow for the development monies to be spent to provide compensation for impacts to aquatic resources associated with projects within Denton County to stay within Denton County. Further, those monies would go towards preserving and enhancing the aquatic resources within Denton County, a component of which could include the preservation by product of greenblets. SUMMARY The aforementioned are examples of the protection measures that can be incorporated into future planning efforts to ensure that the aquatic resources and their associated riparian areas (Greenbelts) are protected from future development encroachment. This list is not all encompassing – other protection measures are available. Any measures to ensure the protection of the aquatic resources within Denton County would be a positive for the residents of Denton County as a whole. WATER QUALITY PROTECTION FOR PRIVATE LAND OWNERS In Texas, the majority of the land is in private ownership. That same trend applies to Denton County. With the exception of the three U.S. Army Corps of Engineers’ lakes, the majority of the land in Denton County is in private ownership. Private landowners have a responsibility to manage their land so that the County’s waterways are not negatively impacted by their agricultural land practices. The following provides a bullet list of ways private land owners can improve water quality to receiving streams on their land: • Grazing Management • Cropland Management • Riparian Corridor Restoration • Invasive Species Management The Texas A&M AgriLife Extension Service, USDA – Natural Resources Conservation Service and other agencies have produced numerous manuals, online courses and videos to provide guidance on management practices that will benefit water quality in streams and improve the sustainability of the land operation. An overview of guidelines and available resources addressing the aforementioned management practices are provided below. GRAZING MANAGEMENT As the largest agricultural activity in Texas, cattle grazing can have a significant impact on land management and water quality in streams and lakes. Improper grazing practices that lead to overgrazed pastures, degraded riparian areas and damaged stream banks will likely lead to poor water quality due to greater erosion and increased levels of fecal bacteria in waterbodies. Proper grazing techniques, however, such as proper stocking rates and rotational grazing, may improve productivity and sustainability of the cattle operation. Riparian areas should be treated with extra care, mainly by restricting the amount of time that livestock have access to the riparian area and stream bank. Creating a separate riparian pasture or fencing off the riparian area completely can help. The resources below will provide more detailed information on different practices. The local AgriLife Extension County office or Natural Resources Conservation Service office can be contacted for more specific guidance. The Lone Star Healthy Streams (LSHS) program, developed by Texas A&M AgriLife Extension Service, consists of five resource manuals that focus on bacterial runoff management for beef cattle, dairy cattle, horses, poultry, and feral hogs. As part of this educational program, the current best management practices that protect Texas waterways through enhanced riparian protection and vegetation management on grazing lands are disseminated in three ways: • Resource Manuals • In-person Workshops • Online Courses To learn more, visit http://lshs. tamu.edu/. Developed by several federal natural resource agencies, “Grazing Management Processes and Strategies for Riparian-Wetland Areas” provides more in-depth guidance on different grazing techniques for riparian areas. To learn more, visit http://www. blm.gov/or/programs/nrst/ grazing.php. Additional Resources: Stocking Rate Calculator for Grazing Livestock Mobile App – Texas A&M AgriLife Extension https://itunes.apple.com/us/ app/stocking-rate-calculator- for/id814140174?mt=8 99 CROPLAND MANAGEMENT Row crop farming is another major land use in Denton County, which has the potential for greater impacts on riparian areas and streams than grazed pastures. Runoff and erosion is substantially greater on cultivated fields that are left bare for most of the year or on recently tilled fields. It is imperative that riparian buffers are maintained and farm management practices are incorporated to reduce runoff and subsequent erosion in the field. Employing buffers and other farm management practices to reduce field runoff and erosion is critical to ensure the integrity of the area’s streams, which will in turn protect water quality. Buffer width is important and should be determined for each property. General research-based recommendations indicate that buffers established for stabilizing banks should be at least 20 feet wide, whereas buffers established for water quality protection should be a minimum 100 feet. The USDA – Natural Resources Conservation Service (USDA – NRCS) has cost-share programs available, such as the Conservation Reserve Program, to assist landowners in planning and financing the establishment of buffers. s Reducing runoff and erosion from the field is also important since pollutants such as fertilizer, herbicides and pesticides that are commonly used in farming practices attach to soil particles that can harm water quality once it reaches the stream. Cover crops and no-till planting techniques are becoming more popular for erosion protection, allows for greater water infiltration, and reduces the need for pollutants which harm water quality. The USDA – NRCS strongly encourages farmers to plant cover crops, implement no-till practices and diversify cropping rotations to improve soil health and water quality. Available resources are available at the USDA – NRCS website at http://www.nrcs.usda.gov/wps/portal/nrcs/ main/national/soils/health/ or contact the local Service Center.100 “Erosion and runoff are greater on cultivated fields, carrying pollutants such as fertilizer, herbicides and pesticides into nearby waterways.” Photo credit: NRCS 101 GREENBELT AND STREAM CORRIDOR STEWARDSHIP With over 191,000 miles of waterways in Texas, private landowners have a significant responsibility to carefully manage the associated riparian areas that cross their land for the benefit of good water quality and water supply. To provide guidance in this area, the Texas A&M AgriLife Extension Service and others have produced publications and online resources to educate landowners. “Riparian Restoration on Farms and Ranches in Texas” explains basic stream hydrology and riparian ecosystem function principles and provides recommendations that include restoration techniques, plant species selection, monitoring methods, and grazing and cropland management. The “Texas Field Guide to Evaluating Rangeland Stream and Riparian Health” discusses how to visually evaluate the health of Texas stream and riparian ecosystems and identify any changes in that health over time. This guide discusses two monitoring and evaluation procedures: a visual assessment checklist using 10 key indicators and photo monitoring of key locations. This guide is available at the AgriLife Bookstore. “Managing Riparian Areas,” published by the Nueces River Authority, is a guidebook for landowners to gain understanding of how creeks and riparian corridors function and how different land uses can affect those areas. The guide discusses how proper management can restore the functions of healthy creek and riparian areas. It is available at the Nueces River Authority website. The Texas Riparian Association has a number of online courses and videos that teach riparian and stream management principles. They are available at the Texas Riparian Association website. “Range Plants of North Central Texas” is a landowner’s guide to the identification, value and management of plants that occur naturally in the Denton County area. It is available at the Botanical Research Institute of Texas website. INVASIVE SPECIES MANAGEMENT Invasive species, those that do not occur naturally in Texas, can be plants or animals that can cause serious damage to native wildlife and vegetation. These plants and animals can also harm water quality. The most recognizable invasive animal is the feral hog. Feral hogs damage crops and pasture lands, harm livestock and wildlife, and negatively affect water quality as they spend a majority of their time near water. The Texas A&M AgriLife Extension Service has produced many publications, videos and online courses to understand their biology and behavior and to learn management techniques to control their population. Publications and online courses can be found at the AgriLife Bookstore. Videos can be found on the AgriLife Extension - Wildlife and Fisheries unit YouTube channel. Mobile phone based applications are also available such as the “Feral Hog Management” iPhone app from the App Store. ADDITIONAL RESOURCES Texas A&M AgriLife Extension Service – Wildlife and Fisheries Unit Mobile Apps - http://wildlife.tamu.edu/mobile-apps/ Texas Watershed Stewards – Educational program developed by the Texas A&M AgriLife Extension Service. Publication and online course available at http://tws.tamu.edu/. “Watershed Monitoring Benefits Private Lands and Public Water Supplies” available at the AgriLife Bookstore, describes how different land uses have different impacts on water quality and supply. FUNDING FOR GREENBELTS Funding mechanisms for preservation of greenspace areas is fiscally challenging. Although not all inclusive, the following lists general funding opportunities for municipalities or Denton County to consider. It is solely guidance on funding options and strategies to consider. The Trust for Public Land (TPL) is the nation’s leading source for research, education, and policy information for conservation funding. TPL employs a conservation finance team. Entities should be encouraged to engage the Trust for Public Land to identify and secure public financing. GENERAL OBLIGATION BONDS General obligation bonds are debt instruments issued by local governments to raise funds for public projects. These bonds would be subject to voter approval. However, as indicated in a 2013 study conducted by the City of Fort Worth, citizens are likely to support the issuance of general obligation bonds to fund the purchase of land to promote water quality protection. COMMUNITY DEVELOPMENT BLOCK GRANTS This is a federal program administered by the U.S. Department of Housing and Urban Development that provides communities with the resources to address a wide range of community development needs. Greenspace and public facilities are, at times, included in Community Development Block Grants. DEVELOPMENT DEDICATIONS Parkland dedication is a local government requirement imposed on subdivision and site plan applications that mandates the dedication of land for a park and/or the payment of a fee to be used by the governmental entity to acquire land and/or develop park facilities. TEXAS PARKS AND WILDLIFE PARKS AND RECREATION GRANTS The Texas Parks and Wildlife Department administers the recreation grants program for the State of Texas. This program assists communities across Texas with their outdoor recreation needs. These grants help build new parks, conserve natural resources, provide access to waterways, and develop education programs for Texas’ youth. In reviewing a 2013 study conducted by the City of Fort Worth, the following question was asked: “As you may know, from time to time, the City issues general obligation bonds to fund a variety of needs. Would you favor or oppose a general obligation bond where the funds would be used to acquire lands to protect drinking water sources and water quality?” 102 103 FEDERAL HIGHWAY ADMINISTRATION RECREATIONAL TRAILS PROGRAM The U.S. Department of Transportation’s Federal Highway Administration administers a program that funds pedestrian and bicycling projects and transportation trails. The Texas Department of Transportation is the agency that considers funding opportunities for pedestrian and bicycling projects and facilities. CLEAN WATER ACT SECTION 319 GRANTS Clean Water Act Section 319(h) Grants are available to communities with impaired water resources. These grants are designed to help communities with non-point source pollution issues. The U.S. EPA administers the program and distributes funds to states for allocation purposes. FARM AND RANCH LANDS CONSERVATION PROGRAM The Texas Parks and Wildlife Department administers the Texas Farm and Ranch Lands Conservation Program (TFRLCP). The mission of this program is to conserve natural resources by protecting working lands from fragmentation and development. The program maintains and enhances the ecological and agricultural productivity of these lands through agricultural conservation easements. The program uses state and federal dollars to purchase these conservation easements on working lands. PRIVATE AND PUBLIC PARTNERSHIPS Private and public partnerships are contracts between a private entity and public sector authority in which the private party provides a public service and assumes financial, technical, and operational risks in the project. For the purpose of this planning effort, an example of a public/private partnership would be if a private entity entered into an agreement with the U.S. Army Corps of Engineers to provide Greenbelt assets within federal lands for the purpose of benefitting the public sector. 104 DONATIONS Donations to dedicated Greenbelt preservation organizations could be established for the purpose of purchasing land outright or purchasing conservation easements on priority stream segments. The Upper Trinity Conservation Trust is one such organization equipped to receive funds for the express purpose of purchasing conservation easement. Other entities could develop Green Space Preservation Fund programs for the purpose of purchasing land outright or conservation easements. As previously indicated, Appendix D contains a toolbox for implementation strategies. The toolbox also provides benefits and drawback associated with the implementation strategy, as well as a user applicability matrix. 105 106 Chapter Six: Greenbelt design Criteria and Standards 107 108 The following development criteria and standards are meant to be basic guidelines for the protection, reestablishment and maintenance of riparian Greenbelts. According the USDA, a riparian area is a three- dimensional ecotone of aquatic and terrestrial ecosystems. This area consists of topography sloping towards a water body and is covered by tree canopy, grasses and understory plants. A riparian corridor is a management area designed to include much of the riparian area. GREENBELT CORRIDOR RECOMMENDATIONS GREENBELT CORRIDOR WIDTH The stream segments identified for Greenbelt preservation and their associated riparian corridors are all unique to their geographic juxtaposition within Denton County. Each stream segment is affected by the geology and soil composition, watershed, slope, vegetation composition, and surrounding land use. Numerous models have been authored to determine buffer widths based on site factors; however, for ease of simplicity, fixed buffer width recommendations are the easiest to administer. Fixed buffer width determinations should be assessed for the particular stream resource identified for preservation. For example, the larger the stream, the larger riparian buffer width should be considered for preservation. Buffer width determinations are also dependent upon the type of resource targeted for protection. If bank stabilization is the main goal for preservation, research suggests riparian buffers should extend a minimum of 20 feet from the top of bank. Since water quality protection is the over arching purpose for the Greenbelt plan, a minimum riparian width of 100 feet from the top of bank is recommended for water quality protection, as illustrated in Figure 19. GREENBELT CORRIDOR CONNECTIVITY Connectivity is measured by how continuous greenspace is longitudinally adjoining a riparian feature such as a stream, river, pond or lake. Gaps in connectivity are weak points within the Greenbelt that do not perform as well in regards to improving water quality, reducing erosion, creating wildlife corridors and providing habitat. This fragmentation in the Greenbelt has occurred from urban, industrial and agricultural practices. Within this document, gaps in Greenbelts were identified and strategies are suggested to improve connectivity and reduce fragmentation. These strategies should include revegetation through encouragement of natural revegetation or manual planting of native species suited to riparian environments. When manually revegetating Greenbelts, plant selection factors such as diversity, erosion control, habitat and run-off filtration should be taken into consideration. The Appendix includes a plant list for Denton County. Stream Bank Stabilization 20 ft. 100 ft. Water Quality Protection 100 ft. Prairie Wildlife 165 ft. Forest Wildlife Figure 19: Greenbelt Width Recommendations. Photo Courtesy Texas A&M AgriLife Extension Service Chapter Six: Greenbelt Design Criteria and Standards 109 GREENBELT MAINTENANCE Greenbelts that allow native trees, grasses, perennials and other understory growth to grow in their natural state perform better at improving water quality, creating habitat and reducing erosion than routinely mowed and manicured riparian areas. Mowing is not recommended but can be used occasionally as a tool to control invasive or unruly vegetation. Municipalities should educate maintenance crews on the importance of Greenbelt buffers along streams, creeks, rivers, ponds and lakes. The Grow Zone Sign in the adjacent column, created by the City of Austin, is a good example of how this type of maintenance program can be used to identify non mow areas and educate maintenance crews. Greenbelt maintenance should also include periodic removal of trash and debris, removal and monitoring of invasive species, and monitoring of erosion. GREENBELT ACCESS Within these water quality riparian buffers, multi-use trails, single-use trails, paddle trails, equestrian trails, bridges and trailheads can be situated, utility corridors placed, and other linear features included so that the Greenbelt corridor is afforded multiple uses and benefits. By providing Greenbelt access and recreational opportunities, people within the County will develop a greater knowledge and appreciation of natural systems and the importance of Greenbelts. To aid municipalities, or other entities, Appendix F provides Greenbelt Trail Standards to be considered. Incorporation of aspects of these standards will facilitate connectivity of trail acoutrements for trail users, which in turn will provide cohesiveness of trail assets crossing multiple jurisdiction. 110 Appendix 111 112 TECHNICAL MEMORANDUM UPPER TRINITY CONSERVATION TRUST In Conjunction with Denton County and Upper Trinity Regional Water District Comprehensive Greenbelt Plan for Denton County GREENBELT SELECTION FACTORS Texas Registered Engineering Firm F-13 1 of 7 \\ftw2.ftw.apai\share\projects\0449\067-01\2-0 wrk prod\2-7 reports\greenbelt plan\factors_memo\technical memorandum_greenbelt selection factors_ver 3.docx Project No.:0449-067-01 Date:July 6, 2015 Prepared For:Upper Trinity Conservation Trust, Denton County, and Upper Trinity Regional Water District Prepared By:Jason Voight and Janna Tidwell The total area of Denton County is approximately 953 square miles. Portions of that land, approximately 75 square miles, are covered by water associated with three major water supply and flood storage reservoirs: Grapevine Lake, Lewisville Lake, and Ray Roberts Lake. The major river located within Denton County is the Elm Fork of the Trinity River (Elm Fork). The headwaters for the Elm Fork start near the town of Saint Jo in Montague County and continue eastward into Cooke County toward the City of Gainesville.At Gainesville, the Elm Fork trends southerly into Denton County. Within Denton County, Ray Roberts Lake and Lewisville Lake are impoundments of the Elm Fork. South of the Lewisville Lake dam, the Elm Fork continues in a southerly direction into Dallas County where it converges with the West Fork of the Trinity River to form the Trinity River. Grapevine Lake is an impoundment of Denton Creek, a major tributary to the Elm Fork. Within Denton County, the Elm Fork watershed has numerous other named streams which include: Aubrey Branch, Bakers Branch, Blocker Creek, Boom Branch, Bray Branch, Bryant Branch, Buck Creek, Burns Branch, Cade Branch, Cannon Creek, Cantrell Slough, Carter Branch, Catherine Branch, Clear Creek, Cleveland Branch, Cooper Creek, Copperas Branch, Cottonwood Branch, Crow Branch, Culp Branch, Doe Branch, Dry Fork Hickory Creek, Duck Creek, Dudley Branch, Elizabeth Creek, Fincher Branch, Flat Creek, Fletcher Branch, Furneaux Creek, Graham Branch, Grasshopper Creek, Graveyard Branch, Harriet Creek, Henrietta Creek, Hickory Creek, Hog Branch, Indian Creek, Jordan Creek, Little Duck Creek, Little Elm Creek, Loving Branch, Marshall Branch, McWhorter Creek, Midway Branch, Milam Creek, Mill Branch, Moores Branch, Morris Branch, Mustang Creek, North Hickory Creek, Oliver Creek, Panther Creek, Pecan Creek, Poindexter Branch, Pond Creek, Prairie Creek, Ranger Branch, Roark Branch, Running Branch, Sand Branch, Sharps Branch, South Hickory Creek, Stewart Creek, Timber Branch, Timber Creek, Trail Creek, Veal Springs Branch, Whites Branch, Whites Creek, Willow Branch, and Wolf Branch. TECHNICAL MEMORANDUM Comprehensive Greenbelt Plan for Denton County Greenbelt Selection Factors 2 of 7 \\ftw2.ftw.apai\share\projects\0449\067-01\2-0 wrk prod\2-7 reports\greenbelt plan\factors_memo\technical memorandum_greenbelt selection factors_ver 3.docx There are 45 municipalities either located wholly within the Denton County or portions of their corporate limits lie within the County. In addition to the 45 municipalities, there are several existing and planned master-planned communities located in unincorporated areas of Denton County (e.g. Lantana, Savannah, and Union Park). The County is also home to numerous farms and ranches. The United States (US) Census Bureau estimated the 2014 population of Denton County at 753,363 persons. According to the 2012 Region C Water Plan, the population of Denton County is projected to nearly double by 2040 to about 1.4 million persons. Based on this projected population increase, developed land within Denton County could also be expected to nearly double, which could have a significant deleterious effect on the County’s open space, creeks, streams, and river; if left unchecked. The Upper Trinity Conservation Trust with its partners Denton County and the Upper Trinity Regional Water District are preparing for this projected development pressure by providing a planning document to identify resource areas to preserve for future generations – specifically – greenbelts along waterways. Greenbelts are simply areas of undeveloped land, usually wooded, that typically follow creeks, streams, or rivers. Greenbelts provide recreational opportunities, preserve cultural, historical, and natural landscapes, preserve habitat for plants and animals that utilize these corridors, and provide water quality benefits for area streams and lakes. As previously shown, there are approximately 73 named streams, creeks, or rivers within Denton County. Each of those 73 named waterways has numerous unnamed streams as tributaries, and those unnamed streams may also have their own unnamed tributaries. The diversity of aquatic resources compounds the factors that should be considered for planning greenbelts. This memorandum presents a screening process for selecting streams within Denton County to consider for preservation within a designated greenbelt. Although important, not every stream would or should be eligible for greenbelt planning consideration. The first step in the screening process is to identify highly functioning riparian corridors through a four part yes or no questionnaire: 1. Does the creek, stream, or river have a hydrologic connection to Grapevine Lake, Lewisville Lake, or Ray Roberts Lake, or the Elm Fork Trinity River? Yes or No – If yes, continue to question #2. 2. Does the creek, stream, or river, and its associated riparian corridor have a Federal Emergency Management Agency delineated 100-year floodplain? Yes or No – If yes, continue to question #3. 3. Does the creek, stream, or river’s flow regime evidence either intermittent or perennial flow? Yes or No – If yes, continue to question #4. 4. Is the creek, stream, or river’s length greater than or equal to 3.0 miles? Yes or No – If yes, the stream is eligible for further consideration for the Greenbelt Plan. Appendix - Technical Memorandum 113 TECHNICAL MEMORANDUM Comprehensive Greenbelt Plan for Denton County Greenbelt Selection Factors 3 of 7 \\ftw2.ftw.apai\share\projects\0449\067-01\2-0 wrk prod\2-7 reports\greenbelt plan\factors_memo\technical memorandum_greenbelt selection factors_ver 3.docx The rationale for Question #1 is that nearly all creeks, streams, and rivers within Denton County are hydrologically connected to Grapevine Lake, Lewisville Lake, or Ray Roberts Lake. The exceptions to this are the creeks and streams located below the dams of Grapevine Lake and Lewisville Lake. These streams are all located within a highly developed and previously park planned portions of Denton County. Development has already encroached upon a majority of these streams to the maximum extent possible and a majority of the streams already contain trail elements established during prior urban planning efforts. However, opportunities do exist to provide greenbelts along the major tributaries to the Elm Fork. Thus, connections to these major tributaries to the Elm Fork will be considered in the overall plan on an individual basis. The objective of Question #2 is to identify streams with significant watersheds and sub-watersheds. If the stream has a delineated 100-year floodplain, likely there is a significant contribution from the surrounding land to the stream, which could have a considerable effect on water quality. Further, streams without floodplains are typically headwater streams. Headwater streams are usually shorter in length, sustain limited wooded riparian corridors, and have smaller watersheds. Similar to Question #2, Question #3 addresses the flow regime associated with a creek, stream, or river. To gauge flow regimes, the US Geological Survey topographic quadrangle maps will be assessed to determine intermittent to perennial flow. Streams with intermittent to perennial flow typically have significant watersheds and wooded riparian corridors. Although an ephemeral stream may have a floodplain, sufficiently sized watershed, and riparian corridor, its flow regime is drastically different than intermittent to perennial streams. Ephemeral streams do provide both ecological and hydrological benefits; however, from an aquatic habitat perspective, ephemeral streams are limited by their dependency on hydrology from rainfall exclusively. Finally, the purpose for Question #4 is to identify streams with sufficient length. Streams with a minimum length of three miles should be considered for greenbelt preservation. Three miles provides sufficient distance for approximately one hour of walking in one direction. This assumes an individual walks at approximately three miles per hour or 20 minutes per mile. This distance is also sufficient length for planning on a regional basis. The planning team realizes there are exceptions to every rule. Exceptions that should be considered include ecologically significant stream segments, stream segments that provide opportunities to bridge watersheds, stream segments that provide exceptional habitat for plants and animals (i.e. critical habitat for threatened or endangered species), and culturally/historically significant stream segments. Stream segments that do not qualify based on the screening questionnaire yet provide a significant benefit and are threatened by development should be given immediate prioritization. TECHNICAL MEMORANDUM Comprehensive Greenbelt Plan for Denton County Greenbelt Selection Factors 4 of 7 \\ftw2.ftw.apai\share\projects\0449\067-01\2-0 wrk prod\2-7 reports\greenbelt plan\factors_memo\technical memorandum_greenbelt selection factors_ver 3.docx Once streams are identified for consideration, the streams will be sub-divided by the corresponding 12- digit hydrologic unit code (HUC), which is essentially a sub-watershed for the stream systems associated with the Elm Fork system. Some sub-watersheds may contain several eligible stream segments. In total, there are approximately 42 individual sub-watersheds in Denton County. Each stream within the sub- watershed will then be ranked for prioritization based on the following principal factor categories: x Hydrologic x Ecologic x Land Use x Cultural/Historical Sub-factors for each of the major factor categories will be considered, scored, and ranked. The scoring of the factors and the prioritization matrix is included in Attachment A. The sub-factors considered for each principal factor category are as follows: Hydrologic x Degree of Connection to a County Reservoir – This metric is based on the stream order of connection to a county reservoir. Streams with a direct connection to a county reservoir are ranked highest, and tributaries to those directly connected streams are ranked by their subsequent orders of connection. x Proximity of Connection to County Reservoir – This metric measures the distance of the stream system associated with a HUC to a county reservoir. The closer the HUC is to a county reservoir, the more likely the stream network would have a directly impact to the county reservoir. Thus, the closer the stream network within the designated HUC is to a county reservoir, the higher the ranking. x Floodplain Extent (Floodway, 100-year Floodplain, 500-year, No Floodplain) – Streams that contain floodways are ranked highest followed sequentially by streams with 100-year floodplains, 500-year floodplains, and no floodplains. Typically streams that contain floodways are the more perennial flowing streams with frequent out of bank events and direct connections to area reservoirs; therefore, these streams should receive a higher ranking. Similarly, streams that contain 100-year floodplains have a higher propensity to have out of bank events and thus should be ranked subsequent to streams that contain floodways. Streams with 500-year floodplains and no floodplains have lesser tendencies to have out of bank events if any and thus are ranked lower, respectively. x Watershed Size – This metric accounts for the streams located in larger HUCs. The larger the watershed, the more likely the watershed would be impacted by anthropogenic activities. Further, there would be increased stream lengths within the larger watersheds. This metric is divided into HUCs that are greater than 15,000 acres are ranked the highest, followed by 10,000 to 15,000 acre HUCs, followed by 5,000 to 10,000 acre HUCs, and finally less than 5,000 acre HUCs. x WQCM Model Prioritization – This metric only includes the watersheds associated with Lewisville Lake. Lewisville Lake is located wholly within Denton County. The majority of HUCs within Denton County feed into Lewisville Lake. The WQCM model, crafted by professors from the University of North Texas, takes into account multiple factors some of which are included herein. The model accounts for these factors and prioritizes the watersheds into preservation categories defined as Highest, High, Moderate, and Low. Highest prioritized watersheds are given the higher ranking. Watersheds not included within the Lewisville Lake watershed will be given a score of zero for this metric. 114 TECHNICAL MEMORANDUM Comprehensive Greenbelt Plan for Denton County Greenbelt Selection Factors 5 of 7 \\ftw2.ftw.apai\share\projects\0449\067-01\2-0 wrk prod\2-7 reports\greenbelt plan\factors_memo\technical memorandum_greenbelt selection factors_ver 3.docx Stream Flow Regime/Character – This metric accounts for the flow regime represented by a stream. Perennial streams typically have larger watersheds, and have direct connections to county reservoirs. Therefore, these streams provide higher degrees of functions and should receive a higher prioritization. Intermittent streams are usually tributaries to perennial streams and contain smaller watersheds. However, these streams also provide important functions and should rank higher than ephemeral streams and streams that have been previously impaired (e.g. ditched, channelized, or concrete lined streams). Ecologic Riparian Corridor Width – Streams with riparian corridor widths greater than 150 feet have higher degrees of functions compared to those streams with riparian corridor widths less than 50 feet. Thus, the wider the riparian corridor width the higher the ranking. Wetlands – Wetlands provide high degrees of ecological functions. Within Denton County, the two predominant types of wetlands are forested and herbaceous wetlands. Stream corridors that contain both forested and herbaceous wetlands rank higher than stream corridors with individual types of wetlands or no wetlands. Forested wetlands rank higher than herbaceous wetlands due to the extended time for forested wetlands to become established. Geology – The predominant geological formations located in Denton County include alluvium, shale, marl, and limestone. Most streams are located within the alluvium geological formation, which is typically comprised of sands and gravels. These formations by their nature are deposits from streams and rivers over time from the weathering of adjacent geological formations. These formations are tenuous and subject to erosion. Therefore, streams located within alluvium substrates would score higher. Shale and marl formations have a propensity to weather and could potentially produce instability within streams thus these streams are ranked subsequent to alluvium. Streams within limestone formations are typically more stable and thus are ranked the lowest. Topography – This metric assesses the degree of slope across the HUC along the predominant streams flowpath within the HUC. Streams with slopes greater than five percent are ranked higher due to their likelihood for increased erosion potential. Streams with lesser degrees of slope are ranked lower. Erosive Soils – This metric utilizes the Soil Survey of Denton County and assesses the degree of erosiveness associated with soil types located along area streams. Soils with higher degrees of erosiveness are ranked highest. Vegetation Percent Cover – This metric utilizes the national landcover dataset and provides a percent cover for vegetation within a HUC. Typically soil with vegetative cover has lesser degrees of erosive potential. Therefore, HUCs displaying greater than 75 percent cover receive the highest ranking with HUCs displaying lesser percentages of vegetative cover receiving lower scores. Ecological Zones – According to the EPA’s Level IV Ecoregions map, four ecological zones are located within Denton County: Western Crosstimbers, Eastern Crosstimbers, Grand Prairie, and Northern Blackland Prairie. The eastern crosstimbers ranks the highest due to the limited post oak timbered nature of the ecoregion, the hilly terrain associated with the ecoregion, and the sandy soils associated with the ecoregion. The Grand Prairie ranks subsequent to the eastern crosstimbers due to the thinner soils associated with the ecoregion, the area within Denton County (occupies nearly half the county), and the future development pressure located within the ecoregion. The Northern Blackland Prairie ranks subsequent to the Grand Prairie due to the deep clay soils associated with the ecoregion, and the smaller area occupied within the county. The western crosstimbers occupies a small area of northwestern Denton County and thus ranks the lowest. Threatened/Endangered Species Habitat – According to the U.S. Fish and Wildlife Service, there are six listed speces as potentially occurring in Denton County. The Texas Parks and Wildlife TECHNICAL MEMORANDUM Comprehensive Greenbelt Plan for Denton County Greenbelt Selection Factors 6 of 7 \\ftw2.ftw.apai\share\projects\0449\067-01\2-0 wrk prod\2-7 reports\greenbelt plan\factors_memo\technical memorandum_greenbelt selection factors_ver 3.docx Department lists another 13 species as potentially occurring in Denton County. Therefore, this metric assesses the potential likelihood for threatened or endangered species habitat to occur within a HUC. A HUC containing habitat for two or more species ranks the highest. Land Use Development Intensity – This metric assesses the current development intensity based on the national landcover dataset (2011). The national landcover dataset ranks areas based on development intensity. Open space is ranked highest followed by varying degrees of development intensity from low to medium to high. Proximity to Future Road Corridors (e.g. Outer Loop) – This metric assesses the proximity of a HUC to future proposed major highway corridors. Development intensity typically increases following the construction of major commuter road networks. Thus HUCs located in close proximity to proposed major road corridors are ranked higher than areas located at greater distances. Watershed Characteristic – This metric assesses the character of a HUC. HUCs that are mostly natural receive the higher ranking followed by HUCs that are mostly agricultural, then HUCs where single-family housing is mixed with agricultural and natural areas, and lastly HUCs that are mostly developed. Proximity to Existing and Proposed Trails – This metric measures the stream’s proximity to existing and proposed regional trails. The closer the proximity to a regional trail network, the higher the ranking. Proximity to Existing and Proposed Parkland – This metric measures the stream’s proximity to existing and proposed parkland that is greater than 10 acres in area. The closer the proximity to a regional park, the higher the ranking. Proximity to Federal Land – This metric measures the stream’s proximity to federal land (parkland associated with Ray Roberts Lake for example). The closer the proximity to federal land, the higher the ranking. Proximity to Public Land or Otherwise Protected Lands – This metric measures the stream’s proximity to public land or otherwise protected lands. These areas are usually schools, university’s, private nature preserves, etc. The closer the proximity to public/protected land, the higher the ranking. City ETJ’s – This metric assesses the number of city ETJ’s located within a HUC. The smaller municipalities in Denton County are growing. Since these municipalities are growing, a HUC may contain mulitiple city ETJs. The Cities that have neighboring ETJ’s may not be coordinating planning efforts. Therefore, HUCs that contain three or more city ETJ’s rank the highest to facilitate planning efforts. The larger cities typically wholly occupy individual HUCs and therefore rank lower. Proximity to Hazards (i.e. landfills, mining areas, major highways) – This metric measures the HUC’s proximity to hazards or impediments to greenbelts. The further the distance from a hazard or impediment, the higher the ranking. Cultural/Historical Archaeological Sites – This metric assesses the Texas Historical Atlas and determines the number of archaeological sites located within a HUC. The higher the number of archaeological sites, the higher the ranking. Culturally Significant Areas – This metric assesses the Texas Historical Atlas and determines the number of culturally significant areas located within a HUC. The higher the number of culturally significant areas, the higher the ranking. 115 TECHNICAL MEMORANDUM Comprehensive Greenbelt Plan for Denton County Greenbelt Selection Factors 7 of 7 \\ftw2.ftw.apai\share\projects\0449\067-01\2-0 wrk prod\2-7 reports\greenbelt plan\factors_memo\technical memorandum_greenbelt selection factors_ver 3.docx Historical Areas - This metric assesses the Texas Historical Atlas and determines the number of historical areas located within a HUC. The higher the number of historical areas, the higher the ranking. Once the sub-factors are ranked, the scores will be tallied by major factor category. Since the preservation of water quality within Denton County reservoirs is the overarching purpose for the greenbelt preservation plan, the sub-factors associated with water quality will receive a weighting of 25 percent over the remaining sub-factors. These weightings are shown on the prioritization matrix in Attachment A. FACTOR SUB�FACTOR WEIGHTING SCORE FOURTH�ORDER� CONNECTION�TO� RESERVOIR THIRD�ORDER� CONNECTION�TO� RESERVOIR SECOND�ORDER� CONNECTION�TO� RESERVOIR FLOW�DIRECTLY�INTO� RESERVOIR�(FIRST� ORDER�CONNECTION�TO� RESERVOIR) 1234 >�15�MILES 10�15�MILES 5�10�MILES <�5�MILE 1234 NO�FLOODPLAIN 500�YEAR 100�YEAR FLOODWAY 1234 <�5,000�ACRES 5,000�10,000�ACRES 10,000�15,000�ACRES >�15,000�ACRES 1234 LOW MEDIUM HIGH HIGHEST 1234 DITCH/�CHANNELIZED/� CONCRETE EPHEMERAL INTERMITTENT PERENNIAL 1234 <�50�FEET 50�100�FEET 100�150�FEET >�150�FEET 1234 NO�WETLANDS HERBACEOUS FORESTED HERBACEOUS�AND� FORESTED 1234 LIMESTONE MARL SHALE ALLUVIUM/�SAND/� WINDBLOWN 1234 FLAT 1�2%�SLOPE 2�5%�SLOPE >�5%�SLOPE 1234 LOW MODERATE HIGH EXTREME 1234 0�25%25�50%50�75%>�75% 1234 WESTERN�CROSS� TIMBERS NORTHERN�BLACKLAND� PRAIRIE GRAND�PRAIRIE EASTERN�CROSS� TIMBERS 1234 NO�SPECIES 1�SPECIE 2�SPECIES >�2�SPECIES 1234 HIGH MEDIUM LOW OPEN�SPACE 1234 >�5�MILES 3�5�MILES 1�3�MILES <�1�MILE 1234 URBAN URBANIZING AGRICULTURAL NATURAL 1234 >�5�MILES 3�5�MILES 1�3�MILES <�1�MILE 1234 >�5�MILES 3�5�MILES 1�3�MILES <�1�MILE 1234 >�5�MILES 3�5�MILES 1�3�MILES <�1�MILE 1234 >�5�MILES 3�5�MILES 1�3�MILES <�1�MILE 1234 >�5�MILES 3�5�MILES 1�3�MILES <�1�MILE 1234 >�5�MILES 3�5�MILES 1�3�MILES <�1�MILE 1234 NO�CITY 1�CITY 2�CITIES 3�OR�MORE�CITIES 1234 <100�FEET 100�300�FEET 300�500�FEET >�500�FEET 1234 NO�SITES 1�SITE 2�SITES >�2�SITES 1234 NO�SITES 1�SITE 2�SITES >�2�SITES 1234 NO�SITES 1�SITE 2�SITES >�2�SITES 1234 25% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% TOTAL�SCORE 0% 0% 0% ARCHAEOLOGICAL�SITES CULTURALLY�SIGNIFICANT� AREAS HISTORICAL�AREAS CULTURAL/� HISTORICAL FACTOR�RANKING WATERSHED�CHARACTERISTIC PROXIMITY�TO�FEDERAL�LAND PROXIMITY�TO�PUBLIC�OR� OTHERWISE�PROTECTED� LANDS CITY�ETJ's LAND�USE HYDROLOGIC THREATENED/�ENDANGERED� SPECIES�HABITAT ECOLOGICAL�ZONES EROSIVE�SOILS TOPOGRAPHY GEOLOGY ECOLOGIC PROXIMITY�TO�HAZARDS PROXIMITY�TO�EXISTING� PARKLAND�>�10�ACRES PROXIMITY�TO�PLANNED�TRAIL PRIORITIZATION�MATRIX�PER�IDENTIFIED�12�DIGIT�HUC�WATERSHED�OR�STREAM�SEGMENT HUC�IDENTIFICATION�#______________________ PROXIMITY�OF�CONNECTION� TO�COUNTY�RESERVOIR DEGREE�OF�CONNECTION�TO� COUNTY�RESERVOIR 25% 25% 25% 25% 25% 25% 25% 25% 25% 25% PROXIMITY�TO�FUTURE�ROAD� CORRIDORS DEVELOPMENT�INTENSITY PROXIMITY�TO�PLANNED�PARK� >�10�ACRES FLOODPLAIN PROXIMITY�TO�EXISTING�TRAIL WATERSHED�SIZE WCQM�MODEL� PRIORITIZATION RIPARIAN�CORRIDOR�WIDTH VEGETATION�PERCENT�COVER STREAM�FLOW�REGIME/� CHARACTER WETLAND 116 Watershed Number Watershed Name Watershed Prioritization HUC 12 Stream Name Stream Prioritization City/County County, and City and City ETJ Existing Trails Existing Parks     (>  10 acres) 1 Walnut Branch‐Isle du Bois Creek Medium 120301030304 Walnut Branch Medium County Cooke County, Denton County No Yes Pond Creek Low Pond Creek T Low Ray Roberts T Low Aubrey Branch High Bray Branch High Bray Branch T High Culp Branch T1 Medium Culp Branch T2 High Culp Branch T3 High Elm Fork Trinity River North High Culp Branch High Blocker Creek Low Williams Creek Low Wheat Creek Low Clear Creek Low Cannon Creek Low Coons Creek Low Dixon Creek Low Whites Creek Low Clear Creek T1 Low Fannin Creek Low Flat Creek Low Grasshopper Creek Low Clear Creek High Clear Creek T11 Medium Mill Branch Low Clear Creek T9 Low Buck Creek Low Duck Creek Medium Little Duck Creek Low Willow Branch Low Duck Creek T4 Medium Duck Creek T1 Low Clear Creek High Moores Branch High Clear Creek T14 Medium Clear Creek T13T Medium Ranger Branch Medium Clear Creek High Clear Creek T18 High Clear Creek T16 Medium Milam Creek Medium Milam Creek T3 Medium Milam Creek T1 Medium Milam Creek T2 Medium Little Elm Creek Medium Little Elm Creek T8 Medium Little Elm Creek T1 Low Little Elm Creek T2 Low Little Elm Creek T3 Low Little Elm Creek T4 Low Little Elm Creek T4T Low Little Elm Creek T5 Medium Clarks Branch Low Little Elm Creek T8T Low Walnut Fork Medium Mustang Creek Medium Mustang Creek T1 Low Mustang Creek T1T Low Mustang Creek T2 Medium No No TABLE B‐1: WATERSHED AND STREAM PRIORITY CLASSIFICATION, CITY/COUNTY JURISDICTION, AND EXISTING TRAILS AND PARKS City/County City/County City/County City City/County City/County Denton Yes Yes Yes Yes Denton, Sanger, Cooke County, Denton County No No No NoDenton, Sanger, Cooke County, Denton County Denton, Krum, Sanger, Denton County Celina, Collin County, Grayson County No No Aubrey, Pilot Point, Denton County, Grayson County 9 Moores Branch‐Clear Creek High 120301030604 City/County Cooke County, Denton County No No City/County Cooke County, Denton County No No 120301030602MediumBuck Creek‐Clear Creek Sanger, Cooke County No YesCity/County Yes YesAubrey, Denton, Pilot Point, Denton CountyCity/County City/County Cooke County, Denton County No No 11 Headwaters Little Elm Creek Medium 120301030701 12 Mustang Creek Medium 120301030702 10 Milam Creek‐Clear Creek High 120301030605 7 8 Little Duck Creek‐Duck Creek Low 120301030603 5 Whites Creek‐Clear Creek Low 120301030505 6 Flat Creek Low 120301030601 High 120301030406 4 Blocker Creek Low 120301030504 2 Pond Creek‐Elm Fork Trinity River Low 120301030405 3 Culp Branch‐Elm Fork Trinity River Appendix B - Watershed and Stream Priority Classification 117 LittleElmCreek High LittleElmCreekT10 Medium LittleElmCreekT9 Medium LittleElmCreekT11T1 Medium LittleElmCreekT11T2 Medium LittleElmCreekT12 High LittleElmCreekT11 Medium PecanCreekEastT1 Medium PecanCreekEastT3 Medium PecanCreekEastT6 Medium PecanCreekEast High PecanCreekEastT2 Medium PecanCreekEastT4 Medium PecanCreekEastT5 Medium PecanCreekEastT7 High 15 RunningBranchͲLewisvilleLake Medium 120301030705 RunningBranch Medium City/County Aubrey,Krugerville,LittleElm,ProvidenceVillage,DentonCounty Yes Yes NorthHickoryCreek High NorthHickoryCreekT3 Medium NorthHickoryCreekT1 Low NorthHickoryCreekT1T Low NorthHickoryCreekT2 Low HickoryCreek High SouthHickoryCreek Medium WolfBranch Medium SouthHickoryCreekT4 Medium SouthHickoryCreekT1 Low CrowBranch Low DryForkHickoryCreek Medium DryForkHickoryCreekT2 Medium DryForkHickoryCreekT1 Medium JordanCreek Medium SouthHickoryCreekT5 Medium HickoryCreek High GraveyardBranch High RoarkBranch Medium FletcherBranch High RoarkBranchT High FincherBranch Medium LovingBranch High BryantBranch High PoindexterBranch Medium ElmForkTrinityRiverNorthT5 High ElmForkTrinityRiverNorth High PecanCreekWestT High CantrellSlough High CooperCreek High LewisvilleLakeT1 High PecanCreekWest High DoeBranchT2 Medium DoeBranchT1 Medium DoeBranchT3 Medium DoeBranchT3TT1 Medium DoeBranchT3TT2 Medium DoeBranch High DoeBranchT4 Medium ParvinBranch Medium PantherCreek High CottonwoodBranch Medium LewisvilleLakeT2 Medium StewartCreek Medium StewartCreekT Medium City/County Denton,Krum,DentonCounty,WiseCounty Yes No Aubrey,Celina,PilotPoint,CollinCounty No NoCity/County City/County No NoAubrey,LittleElm,PilotPoint,DentonCounty,GraysonCounty 26 StewartCreekͲLewisvilleLake High 120301030906 24 PantherCreekͲLewisvilleLake High 120301030904 25 CottonwoodBranchͲLewisvilleLake Medium 120301030905 22 PecanCreekͲLewisvilleLake High 120301030902 23 DoeBranchͲLewisvilleLake High 120301030903 20 LowerHickoryCreek High 120301030805 21 HarmonyRanchͲLewisvilleLake High 120301030901 18 UpperHickoryCreek Medium 120301030803 19 HighMiddleHickoryCreek 120301030804 16 HeadwatersHickoryCreek Medium 120301030801 17 SouthHickoryCreek Medium 120301030802 13 TownofCelinaͲLewisvilleLake Medium 120301030703 14 PecanCreek High 120301030704 Denton,Ponder,DentonCountyCity/County No No City Denton,Krum NoYes Argyle,Bartonville,CopperCanyon,DentonCity Yes Yes CopperCanyon,Corinth,Denton,HickoryCreek,LakeDallasCity Yes Yes City/County Aubrey,Crossroads,Denton,DentonCounty Yes Yes Aubrey,Corinth,Crossroads,Denton,Krugerville,OakPoint,Shady ShoresCity Yes Yes Aubrey,Celina,Frisco,LittleElm,Prosper,CollinCounty,Denton CountyCity/County Yes Yes Frisco,LittleElm,ProsperCity Yes Yes City/County Frisco,Hackberry,LakewoodVillage,LittleElm,OakPoint,The Colony,DentonCounty Yes Yes City/County Frisco,Hackberry,HickoryCreek,LakewoodVillage,Lewisville, LittleElm,Plano,TheColony,DentonCounty Yes Yes 118 ElmForkTrinityRiverSouth Medium MidwayBranch Medium PrairieCreek Medium McWhorterCreek Medium TimberCreekT1 Low TimberCreek Medium ElmForkTrinityRiverSouth Medium IndianCreekT Low IndianCreek Medium DudleyBranch Medium FurneauxCreek Medium FurneauxCreekT Low ElmForkTrinityRiverSouth Medium HuttonBranchT Low GrapevineCreek Low HuttonBranch Low NorthPecanCreek Low DentonCreekT2 Low DentonCreek Low DentonCreekT3 Low DentonCreekT4 Low MorrisBranchT Low MorrisBranch Low DentonCreek Medium HogBranch Medium DentonCreekT6 Medium DentonCreekT8 Medium DentonCreek Medium OliverCreek Medium HackberryCreek Low OliverCreekT4 Low LongBranch Low OliverCreekT1 Low OliverCreekT2 Low OliverCreekT6 Low ElizabethCreek Medium HarrietCreek Medium HarrietCreekT Low ElizabethCreekT2 Low ElizabethCreekT1 Low HenriettaCreek Medium HenriettaCreekT1 Low BuffaloCreek Low HenriettaCreekT3 Low HenriettaCreekT4 Low BuffaloCreekT Low ElizabethCreek Medium DentonCreekT11 Medium TrailCreekT Medium TrailCreek Medium CatherineBranch Medium DentonCreek High CadeBranch High WhitesBranch Medium WhitesBranchT Medium GrahamBranch High DentonCreek High MarshallBranch High KirkwoodBranch High SharpsBranch High 40 DoveCreekͲGrapevineLake High 120301040306 DoveCreek High City/County FlowerMound,Grapevine,Southlake,DentonCounty,Tarrant County Yes Yes CottonwoodBranch Medium BakersBranch Medium DentonCreekDown High Low Low 120301040202 120301031004 32 MorrisBranchͲDentonCreek 30 31 NorthPecanCreekͲDentonCreek GrapevineCreekͲElmForkTrinityRiver 34 OliverCreek Low 120301040206 120301040205 Low 120301040204 MediumHogBranchͲDentonCreek33 120301040302LowHenriettaCreek36 35 HeadwatersElizabethCreek Medium 120301040301 High 120301040305 37 ElizabethCreekͲDentonCreek High 120301040303 41 CottonwoodBranchͲDentonCreek High 120301040307 38 39 MarshallBranchͲGrapevineLake DentonCreekͲGrapevineLake High 120301040304 28 TimberCreek Medium 120301031002 29 IndianCreekͲElmForkTrinityRiver Medium 120301031003 27 PrairieCreekͲElmForkTrinityRiver Medium 120301031001 Carrollton,FlowerMound,Lewisville,TheColonyCity Yes Yes Bartonville,Carrollton,CopperCanyon,DoubleOak,Flower Mound,Lewisville,DentonCountyCity/County Yes Yes Carrollton,Dallas,Frisco,Hebron,Lewisville,Plano,TheColonyCity Yes Yes Addison,Carrollton,Coppell,Dallas,FarmersBranch,Grapevine, IrvingCity No No No No FortWorth,Haslet,Roanoke,TarrantCounty,WiseCountyCity/County FortWorth,Justin,NewFairview,Northlake,Roanoke,Denton County,WiseCountyCity/County Argyle,Bartonville,CorralCity,Denton,FortWorth,Flower Mound,Northlake,Roanoke,TrophyClub,Westlake No No No No No No No Yes No No County DentonCounty,WiseCounty City/County Denton,Ponder,DentonCounty,WiseCounty City/County Denton,Dish,Justin,Northlake,Ponder,DentonCounty City/County Justin,FortWorth,NewFairview,Northlake,Ponder,Denton County,WiseCounty City/County FortWorth,Haslet,NewFairview,Northlake,Rome,Denton County,WiseCounty City Bartonville,DoubleOak,FortWorth,FlowerMound,Grapevine, Keller,Roanoke,Southlake,TrophyClub,Westlake,DentonCountyCity/County City Carrollton,Coppell,FlowerMound,Grapevine,Lewisville No No Yes Yes Yes Yes Yes Yes 119 WalnutBranch Walnut Branch-Isle du Bois Creek Pecan Creek Pond Creek-Elm Fork Trinity River Culp Branch-Elm Fork Trinity RiverMilam Creek-Clear Creek Watershed Name, Priority Score Walnut Branch-Isle du Bois Creek, 79.25 GREENBELT PRIORITIZATION GREENBELT OPPORTUNITY, PRIMARY GREENBELT OPPORTUNITY, SECONDARY EXISTING GREENBELT DEVELOPED STREAM CORRIDOR PUBLIC LANDS Walnut Branch-Isle du Bois Creek Watershed (HUC 120301030304) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 1 of 41 Stream Name, Miles, Priority Score Walnut Branch, 4, 78 . 6,600 0 6,6003,300 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High P o n d C r e e k R ay Roberts T R ay R o b ertsT PondCreekT Pond Creek-Elm Fork Trinity River Walnut Branch-Isle du Bois Creek Little Duck Creek-Duck Creek Culp Branch-Elm Fork Trinity River Moores Branch-Clear CreekBuck Creek-Clear Creek Milam Creek-Clear Creek Milam Creek-Clear Creek Watershed Name, Priority Score Pond Creek-Elm Fork Trinity River, 67.425 GREENBELT PRIORITIZATION GREENBELT OPPORTUNITY, PRIMARY GREENBELT OPPORTUNITY, SECONDARY EXISTING GREENBELT DEVELOPED STREAM CORRIDOR PUBLIC LANDS Pond Creek-Elm Fork Trinity River Watershed (HUC 120301030405) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 2 of 41 Stream Name, Miles, Priority Score Pond Creek T, 3, 65 Pond Creek, 5, 66 Ray Roberts T, 3, 70 . 7,250 0 7,2503,625 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High 120WheatCree k WheatCreekB l ocker Cr eek BlockerC reek W i l l iamsC re e kBlocker Creek Flat Creek Little Duck Creek-Duck Creek Buck Creek-Clear Creek Whites Creek-Clear Creek Watershed Name, Priority Score Blocker Creek, 67.2 GREENBELT PRIORITIZATION GREENBELT OPPORTUNITY, PRIMARY GREENBELT OPPORTUNITY, SECONDARY EXISTING GREENBELT DEVELOPED STREAM CORRIDOR PUBLIC LANDS Blocker Creek Watershed (HUC 120301030504) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 4 of 41 Stream Name, Miles, Priority Score Blocker Creek, 20, 72 Wheat Creek, 7, 68 Williams Creek, 9, 64 . 7,700 0 7,7003,850 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High 121CoonsCreek D ix o nCreekDixonC reekC lear C re e k T 1 CannonCreekWhites CreekW h ites Creek Clear Creek C o o n s CreekFanninC reekFa n n in Creek Whites Creek-Clear Creek Flat Creek North Pecan Creek-Denton Creek Blocker Creek Buck Creek-Clear Creek Headwaters Hickory Creek Watershed Name, Priority Score Whites Creek-Clear Creek, 67.9 GREENBELT PRIORITIZATION GREENBELT OPPORTUNITY, PRIMARY GREENBELT OPPORTUNITY, SECONDARY EXISTING GREENBELT DEVELOPED STREAM CORRIDOR PUBLIC LANDS Whites Creek-Clear Creek Watershed (HUC 120301030505) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 5 of 41 Stream Name, Miles, Priority Score Cannon Creek, 5, 69 Clear Creek T1, 3, 67 Clear Creek, 12, 72 Coons Creek, 3, 66 Dixon Creek, 6, 68 Fannin Creek, 5, 68 Whites Creek, 6, 69 . 7,400 0 7,4003,700 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High Gr a sshopperCr eekFlat Cree k Fl a tCreekFlatCreekFl a tCr e ekFl at Cr e e kGrasshopperCreekFlat Creek North Pecan Creek-Denton Creek Little Duck Creek-Duck Creek Blocker Creek Buck Creek-Clear Creek Whites Creek-Clear Creek Watershed Name, Priority Score Flat Creek, 65.625 GREENBELT PRIORITIZATION GREENBELT OPPORTUNITY, PRIMARY GREENBELT OPPORTUNITY, SECONDARY EXISTING GREENBELT DEVELOPED STREAM CORRIDOR PUBLIC LANDS Flat Creek Watershed (HUC 120301030601) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 6 of 41 Stream Name, Miles, Priority Score Flat Creek, 14, 69 Grasshopper Creek, 9, 64 . 7,500 0 7,5003,750 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High 122ClearCreekT11MillBranch C l ear Cre e kT9ClearCre e k B u ckCr eekBuck Creek-Clear Creek Flat Creek Pond Creek-Elm Fork Trinity River North Pecan Creek-Denton Creek Little Duck Creek-Duck Creek South Hickory Creek Moores Branch-Clear Creek Blocker Creek Milam Creek-Clear Creek Whites Creek-Clear Creek Headwaters Hickory Creek Watershed Name, Priority Score Buck Creek-Clear Creek, 76.5 GREENBELT PRIORITIZATION GREENBELT OPPORTUNITY, PRIMARY GREENBELT OPPORTUNITY, SECONDARY EXISTING GREENBELT DEVELOPED STREAM CORRIDOR PUBLIC LANDS Buck Creek-Clear Creek Watershed (HUC 120301030602) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 7 of 41 Stream Name, Miles, Priority Score Buck Creek, 6, 74 Clear Creek T11, 4, 80 Clear Creek T9, 4, 72 Clear Creek, 22, 88 Mill Branch, 6, 72 . 7,400 0 7,4003,700 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High Little D u c k Cr eekDuckCreek Little D uckC ree k WillowBranchDuckCreekT1DuckCreekT4Little Duck Creek-Duck Creek Flat Creek Pond Creek-Elm Fork Trinity River South Hickory Creek Moores Branch-Clear Creek Blocker Creek Buck Creek-Clear Creek Milam Creek-Clear Creek Whites Creek-Clear Creek Headwaters Hickory Creek Watershed Name, Priority Score Little Duck Creek-Duck Creek, 73.05 GREENBELT PRIORITIZATION GREENBELT OPPORTUNITY, PRIMARY GREENBELT OPPORTUNITY, SECONDARY EXISTING GREENBELT DEVELOPED STREAM CORRIDOR PUBLIC LANDS Little Duck Creek-Duck Creek Watershed (HUC 120301030603) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 8 of 41 Stream Name, Miles, Priority Score Duck Creek T1, 3, 66 Duck Creek T4, 3, 80 Duck Creek, 18, 85 Little Duck Creek, 6, 69 Willow Branch, 4, 75 . 8,400 0 8,4004,200 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High 123 M o o r se Bra nchT ClearC r eekMooresB ra n ch Ra n gerBranch Ranger B r anchClearCreekT1 4M ooresB ranch ClearCreekT13TMoores Branch-Clear Creek Pond Creek-Elm Fork Trinity River Pecan Creek-Lewisville Lake Pecan Creek-Lewisville Lake Little Duck Creek-Duck Creek Little Duck Creek-Duck Creek South Hickory Creek Culp Branch-Elm Fork Trinity River Upper Hickory Creek Buck Creek-Clear Creek Milam Creek-Clear Creek Headwaters Hickory Creek Watershed Name, Priority Score Moores Branch-Clear Creek, 82.325 GREENBELT PRIORITIZATION GREENBELT OPPORTUNITY, PRIMARY GREENBELT OPPORTUNITY, SECONDARY EXISTING GREENBELT DEVELOPED STREAM CORRIDOR PUBLIC LANDS Moores Branch-Clear Creek Watershed (HUC 120301030604) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 9 of 41 Stream Name, Miles, Priority Score Clear Creek T13T, 3, 81 Clear Creek T14, 4, 84 Clear Creek, 7, 87 Moores Branch, 10, 86 Moorse Branch T, 4, 72 Ranger Branch, 8, 82 . 5,800 0 5,8002,900 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High ClearCre ekMilamCreek MilamCre e kT1ClearCreekT16Clea r C re e k T18 Mila m Cree k T2MilamCre e k T 3 Milam Creek-Clear Creek Walnut Branch-Isle du Bois CreekPond Creek-Elm Fork Trinity River Pecan Creek-Lewisville Lake Middle Hickory Creek Little Duck Creek-Duck Creek South Hickory Creek Culp Branch-Elm Fork Trinity River Moores Branch-Clear Creek Harmony Ranch-Lewisville Lake Upper Hickory Creek Buck Creek-Clear Creek Headwaters Hickory Creek Watershed Name, Priority Score Milam Creek-Clear Creek, 82.65 GREENBELT PRIORITIZATION GREENBELT OPPORTUNITY, PRIMARY GREENBELT OPPORTUNITY, SECONDARY EXISTING GREENBELT DEVELOPED STREAM CORRIDOR PUBLIC LANDS Milam Creek-Clear Creek Watershed (HUC 120301030605) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 10 of 41 Stream Name, Miles, Priority Score Clear Creek T16, 4, 82 Clear Creek T18, 4, 86 Clear Creek, 10, 91 Milam Creek T1, 4, 80 Milam Creek T2, 4, 81 Milam Creek T3, 4, 79 Milam Creek, 6, 89 . 6,400 0 6,4003,200 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High 124WalnutForkClarksBranchLittleElmCreekLittleElmCreekLittleElmCreekT5LittleElmCreekClar k s B ra nchWalnutForkLittleElmCreek T 4 TLittleElmCreekT3 L ittleE lm Cr eekT 2LittleElmCreekT1LittleElmCr e ekT1LittleEl mCree k T 8 TLi t tle E lm CreekT8 LittleElmCreek T4 Headwaters Little Elm Creek Town of Celina-Lewisville Lake Pecan Creek Pecan Creek Doe Branch-Lewisville Lake Mustang Creek Watershed Name, Priority Score Headwaters Little Elm Creek, 74.075 GREENBELT PRIORITIZATION GREENBELT OPPORTUNITY, PRIMARY GREENBELT OPPORTUNITY, SECONDARY EXISTING GREENBELT DEVELOPED STREAM CORRIDOR PUBLIC LANDS Headwaters Little Elm Creek Watershed (HUC 120301030701) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 11 of 41 Stream Name, Miles, Priority Score Clarks Branch, 7, 75 Little Elm Creek T1, 4, 71 Little Elm Creek T2, 3, 72 Little Elm Creek T3, 3, 72 Little Elm Creek T4, 5, 73 Little Elm Creek T4T, 3, 71 Little Elm Creek T5, 3, 76 Little Elm Creek T8, 5, 79 Little Elm Creek T8T, 3, 74 Little Elm Creek, 16, 82 Walnut Fork, 3, 77 . 7,200 0 7,2003,600 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High Mus t angCree kT1T M usta n g Creek M us t angCr eekT2 MustangCreekT1Mustang Creek Town of Celina-Lewisville Lake Walnut Branch-Isle du Bois Creek Pecan Creek Doe Branch-Lewisville Lake Culp Branch-Elm Fork Trinity River Running Branch-Lewisville Lake Headwaters Little Elm Creek Watershed Name, Priority Score Mustang Creek, 76.4875 GREENBELT PRIORITIZATION GREENBELT OPPORTUNITY, PRIMARY GREENBELT OPPORTUNITY, SECONDARY EXISTING GREENBELT DEVELOPED STREAM CORRIDOR PUBLIC LANDS Mustang Creek Watershed (HUC 120301030702) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 12 of 41 Stream Name, Miles, Priority Score Mustang Creek T1, 6, 72 Mustang Creek T1T, 3, 72 Mustang Creek T2, 4, 76 Mustang Creek, 19, 84 . 7,600 0 7,6003,800 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High 125LittleElmCreekLittle El mCre ek T 1 0L ittleE lm Cre ek T 1 1 T 2 L itt le Elm C r e e k T 11 LittleElm C r e e k T12 Little E lm Cree k T9 Little E l m CreekT 1 1 T1Town of Celina-Lewisville Lake Panther Creek-Lewisville Lake Pecan Creek Doe Branch-Lewisville Lake Running Branch-Lewisville Lake Headwaters Little Elm Creek Mustang Creek Watershed Name, Priority Score Town of Celina-Lewisville Lake, 80.925 GREENBELT PRIORITIZATION GREENBELT OPPORTUNITY, PRIMARY GREENBELT OPPORTUNITY, SECONDARY EXISTING GREENBELT DEVELOPED STREAM CORRIDOR PUBLIC LANDS Town of Celina-Lewisville Lake Watershed (HUC 120301030703) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 13 of 41 Stream Name, Miles, Priority Score Little Elm Creek T10, 6, 80 Little Elm Creek T11, 10, 80 Little Elm Creek T11T1, 4, 76 Little Elm Creek T11T2, 4, 77 Little Elm Creek T12, 4, 86 Little Elm Creek T9, 6, 76 Little Elm Creek, 15, 94 . 7,250 0 7,2503,625 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High Pe c a n C reek E as tT7 PecanCreekEastPec a n Creek East T4 Peca n C reekEa stT2 P ecanCreekEastT3 PecanCreekEastT5P ecanCr e ekE a s t T 1 Peca nCreekEastT 6 Pecan Creek Panther Creek-Lewisville Lake Town of Celina-Lewisville Lake Walnut Branch-Isle du Bois Creek Pond Creek-Elm Fork Trinity River Pecan Creek-Lewisville Lake Doe Branch-Lewisville Lake Culp Branch-Elm Fork Trinity River Running Branch-Lewisville Lake Harmony Ranch-Lewisville Lake Milam Creek-Clear Creek Headwaters Little Elm Creek Mustang Creek Watershed Name, Priority Score Pecan Creek, 83.45 GREENBELT PRIORITIZATION GREENBELT OPPORTUNITY, PRIMARY GREENBELT OPPORTUNITY, SECONDARY EXISTING GREENBELT DEVELOPED STREAM CORRIDOR PUBLIC LANDS Pecan Creek Watershed (HUC 120301030704) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 14 of 41 Stream Name, Miles, Priority Score Pecan Creek East T1, 4, 82 Pecan Creek East T2, 3, 83 Pecan Creek East T3, 4, 81 Pecan Creek East T4, 3, 81 Pecan Creek East T5, 4, 80 Pecan Creek East T6, 6, 82 Pecan Creek East T7, 6, 86 Pecan Creek East, 18, 90 . 8,500 0 8,5004,250 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High 126Running Br a nchRunning Branch-Lewisville Lake Panther Creek-Lewisville Lake Town of Celina-Lewisville Lake Pecan Creek Pecan Creek-Lewisville Lake Cottonwood Branch-Lewisville Lake Doe Branch-Lewisville Lake Culp Branch-Elm Fork Trinity River Harmony Ranch-Lewisville Lake Mustang Creek Watershed Name, Priority Score Running Branch-Lewisville Lake, 80.25 GREENBELT PRIORITIZATION GREENBELT OPPORTUNITY, PRIMARY GREENBELT OPPORTUNITY, SECONDARY EXISTING GREENBELT DEVELOPED STREAM CORRIDOR PUBLIC LANDS Running Branch-Lewisville Lake Watershed (HUC 120301030705) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 15 of 41 Stream Name, Miles, Priority Score Running Branch, 4, 82 . 5,500 0 5,5002,750 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High N o r t hHic k ory C reekT1T Nor t h Hic ko ry CreekT2North Hicko r yCreek North Hic k or yCre ekT1 N orth Hi ckor yCreekT3Headwaters Hickory Creek Flat Creek North Pecan Creek-Denton Creek Hog Branch-Denton Creek Little Duck Creek-Duck Creek South Hickory Creek Oliver Creek Morris Branch-Denton Creek Moores Branch-Clear Creek Upper Hickory Creek Buck Creek-Clear Creek Milam Creek-Clear Creek Whites Creek-Clear Creek Watershed Name, Priority Score Headwaters Hickory Creek, 76.85 GREENBELT PRIORITIZATION GREENBELT OPPORTUNITY, PRIMARY GREENBELT OPPORTUNITY, SECONDARY EXISTING GREENBELT DEVELOPED STREAM CORRIDOR PUBLIC LANDS Headwaters Hickory Creek Watershed (HUC 120301030801) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 16 of 41 Stream Name, Miles, Priority Score North Hickory Creek T1, 9, 68 North Hickory Creek T1T, 4, 68 North Hickory Creek T2, 4, 69 North Hickory Creek T3, 4, 78 North Hickory Creek, 22, 87 . 8,200 0 8,2004,100 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High 127 So ut h H ic k o ry CreekT5 D ryForkHickoryC reek DryForkHickoryCreekT2JordanCreek DryForkHi ckor y C r eekT1Upper Hickory Creek Pecan Creek-Lewisville Lake Middle Hickory Creek Hog Branch-Denton Creek South Hickory Creek Moores Branch-Clear CreekMoores Branch-Clear Creek Milam Creek-Clear Creek Headwaters Hickory Creek Watershed Name, Priority Score Upper Hickory Creek, 80.5 GREENBELT PRIORITIZATION GREENBELT OPPORTUNITY, PRIMARY GREENBELT OPPORTUNITY, SECONDARY EXISTING GREENBELT DEVELOPED STREAM CORRIDOR PUBLIC LANDS Upper Hickory Creek Watershed (HUC 120301030803) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 18 of 41 Stream Name, Miles, Priority Score Dry Fork Hickory Creek T1, 3, 82 Dry Fork Hickory Creek T2, 3, 78 Dry Fork Hickory Creek, 12, 85 Jordan Creek, 3, 78 South Hickory Creek T5, 6, 84 . 5,400 0 5,4002,700 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium HighSouthHickoryCreekT4 C row B ranch SouthHick oryCree k South Hickory Cre e k T 1 H i ckoryCreek W olfB ranch South Hickory Creek North Pecan Creek-Denton Creek Middle Hickory Creek Hog Branch-Denton Creek Little Duck Creek-Duck Creek Oliver Creek Oliver Creek Morris Branch-Denton Creek Moores Branch-Clear Creek Upper Hickory Creek Buck Creek-Clear Creek Milam Creek-Clear Creek Headwaters Hickory Creek Watershed Name, Priority Score South Hickory Creek, 77.725 GREENBELT PRIORITIZATION GREENBELT OPPORTUNITY, PRIMARY GREENBELT OPPORTUNITY, SECONDARY EXISTING GREENBELT DEVELOPED STREAM CORRIDOR PUBLIC LANDS South Hickory Creek Watershed (HUC 120301030802) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 17 of 41 Stream Name, Miles, Priority Score Crow Branch, 3, 72 Hickory Creek, 5, 92 South Hickory Creek T1, 3, 68 South Hickory Creek T4, 3, 77 South Hickory Creek, 16, 84 Wolf Branch, 7, 77 . 7,000 0 7,0003,500 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High 128BryantBranchPoindexterBranchLower Hickory Creek Stewart Creek-Lewisville Lake Pecan Creek-Lewisville Lake Middle Hickory Creek Timber Creek Marshall Branch-Grapevine Lake Cottonwood Branch-Lewisville Lake Dove Creek-Grapevine Lake Prairie Creek-Elm Fork Trinity River Watershed Name, Priority Score Lower Hickory Creek, 84 GREENBELT PRIORITIZATION GREENBELT OPPORTUNITY, PRIMARY GREENBELT OPPORTUNITY, SECONDARY EXISTING GREENBELT DEVELOPED STREAM CORRIDOR PUBLIC LANDS Lower Hickory Creek Watershed (HUC 120301030805) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 20 of 41 Stream Name, Miles, Priority Score Bryant Branch, 2, 84 Bryant Branch, 2, 87 Poindexter Branch, 5, 83 . 5,700 0 5,7002,850 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High 129 El mForkTrinityRiv erNorthHarmony Ranch-Lewisville Lake Pecan Creek Pecan Creek-Lewisville Lake Culp Branch-Elm Fork Trinity River Running Branch-Lewisville Lake Milam Creek-Clear Creek Watershed Name, Priority Score Harmony Ranch-Lewisville Lake, 86 GREENBELT PRIORITIZATION GREENBELT OPPORTUNITY, PRIMARY GREENBELT OPPORTUNITY, SECONDARY EXISTING GREENBELT DEVELOPED STREAM CORRIDOR PUBLIC LANDS Harmony Ranch-Lewisville Lake Watershed (HUC 120301030901) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 21 of 41 Stream Name, Miles, Priority Score Elm Fork Trinity River North T5, 3, 90 Elm Fork Trinity River North, 5, 86 . 4,200 0 4,2002,100 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High Lewis v illeLa ke T 1 CooperCreek PecanCree k We st TPecan Cre e kWestPecan C r e e k West C an trellS lo u g hPecan Creek-Lewisville Lake Stewart Creek-Lewisville Lake Pecan Creek Middle Hickory Creek Timber Creek Cottonwood Branch-Lewisville Lake Lower Hickory Creek Culp Branch-Elm Fork Trinity River Moores Branch-Clear Creek Running Branch-Lewisville Lake Harmony Ranch-Lewisville Lake Upper Hickory Creek Denton Creek-Grapevine Lake Milam Creek-Clear Creek Headwaters Hickory Creek Watershed Name, Priority Score Pecan Creek-Lewisville Lake, 88.15 GREENBELT PRIORITIZATION GREENBELT OPPORTUNITY, PRIMARY GREENBELT OPPORTUNITY, SECONDARY EXISTING GREENBELT DEVELOPED STREAM CORRIDOR PUBLIC LANDS Pecan Creek-Lewisville Lake Watershed (HUC 120301030902) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 22 of 41 Stream Name, Miles, Priority Score Cantrell Slough, 6, 86 Cooper Creek, 4, 86 Cooper Creek, 5, 90 Lewisville Lake T1, 3, 89 Pecan Creek West T, 6, 90 Pecan Creek West, 6, 87 Pecan Creek West, 7, 92 . 8,500 0 8,5004,250 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High 130DoeBranchDoeBranchT3TT2 Doe BranchT3 DoeBranchT2D oe Br a n ch T3TT1DoeBranchT2 Doe Bra n c h T4 DoeBr a n c h T 1Doe Branch-Lewisville Lake Stewart Creek-Lewisville Lake Panther Creek-Lewisville Lake Town of Celina-Lewisville Lake Pecan Creek Cottonwood Branch-Lewisville Lake Running Branch-Lewisville Lake Headwaters Little Elm Creek Headwaters Little Elm Creek Mustang Creek Watershed Name, Priority Score Doe Branch-Lewisville Lake, 83.95 GREENBELT PRIORITIZATION GREENBELT OPPORTUNITY, PRIMARY GREENBELT OPPORTUNITY, SECONDARY EXISTING GREENBELT DEVELOPED STREAM CORRIDOR PUBLIC LANDS Doe Branch-Lewisville Lake Watershed (HUC 120301030903) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 23 of 41 Stream Name, Miles, Priority Score Doe Branch T1, 4, 80 Doe Branch T2, 4, 84 Doe Branch T3, 10, 85 Doe Branch T3TT1, 4, 80 Doe Branch T3TT2, 7, 85 Doe Branch T4, 3, 84 Doe Branch, 19, 93 . 7,700 0 7,7003,850 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High P antherCreek P ar vi n Branch Panther Creek-Lewisville Lake Stewart Creek-Lewisville Lake Town of Celina-Lewisville Lake Pecan Creek Cottonwood Branch-Lewisville Lake Doe Branch-Lewisville Lake Running Branch-Lewisville Lake Mustang Creek Watershed Name, Priority Score Panther Creek-Lewisville Lake, 85.875 GREENBELT PRIORITIZATION GREENBELT OPPORTUNITY, PRIMARY GREENBELT OPPORTUNITY, SECONDARY EXISTING GREENBELT DEVELOPED STREAM CORRIDOR PUBLIC LANDS Panther Creek-Lewisville Lake Watershed (HUC 120301030904) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 24 of 41 Stream Name, Miles, Priority Score Panther Creek, 12, 90 Parvin Branch, 5, 83 . 7,100 0 7,1003,550 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High 131 L e w i s v illeLakeT2 Cottonwood Branch Cottonwood Branch-Lewisville Lake Stewart Creek-Lewisville Lake Indian Creek-Elm Fork Trinity River Panther Creek-Lewisville Lake Town of Celina-Lewisville Lake Pecan Creek Pecan Creek-Lewisville Lake Lower Hickory Creek Doe Branch-Lewisville LakeRunning Branch-Lewisville Lake Harmony Ranch-Lewisville Lake Prairie Creek-Elm Fork Trinity River Watershed Name, Priority Score Cottonwood Branch-Lewisville Lake, 78.75 GREENBELT PRIORITIZATION GREENBELT OPPORTUNITY, PRIMARY GREENBELT OPPORTUNITY, SECONDARY EXISTING GREENBELT DEVELOPED STREAM CORRIDOR PUBLIC LANDS Cottonwood Branch-Lewisville Lake Watershed (HUC 120301030905) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 25 of 41 Stream Name, Miles, Priority Score Cottonwood Branch, 10, 81 Lewisville Lake T2, 5, 77 . 7,900 0 7,9003,950 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High Stewa rtCreek Ste w a rt C re e kTStewart Creek-Lewisville Lake Indian Creek-Elm Fork Trinity River Panther Creek-Lewisville Lake Pecan Creek-Lewisville Lake Timber Creek Cottonwood Branch-Lewisville Lake Lower Hickory Creek Doe Branch-Lewisville Lake Running Branch-Lewisville LakeHarmony Ranch-Lewisville Lake Grapevine Creek-Elm Fork Trinity River Grapevine Creek-Elm Fork Trinity River Cottonwood Branch-Denton Creek Prairie Creek-Elm Fork Trinity River Watershed Name, Priority Score Stewart Creek-Lewisville Lake, 82.375 GREENBELT PRIORITIZATION GREENBELT OPPORTUNITY, PRIMARY GREENBELT OPPORTUNITY, SECONDARY EXISTING GREENBELT DEVELOPED STREAM CORRIDOR PUBLIC LANDS Stewart Creek-Lewisville Lake Watershed (HUC 120301030906) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 26 of 41 Stream Name, Miles, Priority Score Stewart Creek T, 5, 83 Stewart Creek, 9, 82 . 9,300 0 9,3004,650 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High 132 Prairie C r e e k ElmForkTrinit y R i ver S o u t hMidway BranchM c W h o r terCreek M i d w ayB ranchPrairie Creek-Elm Fork Trinity River Stewart Creek-Lewisville Lake Indian Creek-Elm Fork Trinity River Pecan Creek-Lewisville Lake Timber Creek Cottonwood Branch-Lewisville Lake Lower Hickory Creek Dove Creek-Grapevine Lake Grapevine Creek-Elm Fork Trinity River Cottonwood Branch-Denton Creek Watershed Name, Priority Score Prairie Creek-Elm Fork Trinity River, 79.5 GREENBELT PRIORITIZATION GREENBELT OPPORTUNITY, PRIMARY GREENBELT OPPORTUNITY, SECONDARY EXISTING GREENBELT DEVELOPED STREAM CORRIDOR PUBLIC LANDS Prairie Creek-Elm Fork Trinity River Watershed (HUC 120301031001) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 27 of 41 Stream Name, Miles, Priority Score Elm Fork Trinity River South, 8, 82 McWhorter Creek, 5, 80 Midway Branch, 4, 78 Prairie Creek, 6, 79 . 6,700 0 6,7003,350 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High Ti mb e rCre ek Timber C reek Timber Creek T imb e rC r e ekT1 Timber Creek Stewart Creek-Lewisville Lake Indian Creek-Elm Fork Trinity River Pecan Creek-Lewisville Lake Middle Hickory Creek Marshall Branch-Grapevine Lake Cottonwood Branch-Lewisville Lake Lower Hickory Creek Dove Creek-Grapevine Lake Denton Creek-Grapevine Lake Grapevine Creek-Elm Fork Trinity River Cottonwood Branch-Denton Creek Prairie Creek-Elm Fork Trinity River Watershed Name, Priority Score Timber Creek, 75.25 GREENBELT PRIORITIZATION GREENBELT OPPORTUNITY, PRIMARY GREENBELT OPPORTUNITY, SECONDARY EXISTING GREENBELT DEVELOPED STREAM CORRIDOR PUBLIC LANDS Timber Creek Watershed (HUC 120301031002) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 28 of 41 Stream Name, Miles, Priority Score Timber Creek T1, 3, 72 Timber Creek, 17, 79 . 7,750 0 7,7503,875 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High 133 F u r n e a u x C reek In d ian C r eek Indi an Creek T F u r n e a u x C ree k T Dudle y Br a nc h E l mForkTri nityRiverSouthIndian Creek-Elm Fork Trinity River Stewart Creek-Lewisville Lake Timber Creek Grapevine Creek-Elm Fork Trinity River Cottonwood Branch-Denton Creek Prairie Creek-Elm Fork Trinity River Watershed Name, Priority Score Indian Creek-Elm Fork Trinity River, 76.125 GREENBELT PRIORITIZATION GREENBELT OPPORTUNITY, PRIMARY GREENBELT OPPORTUNITY, SECONDARY EXISTING GREENBELT DEVELOPED STREAM CORRIDOR PUBLIC LANDS Indian Creek-Elm Fork Trinity River Watershed (HUC 120301031003) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 29 of 41 Stream Name, Miles, Priority Score Dudley Branch, 5, 78 Elm Fork Trinity River South, 4, 78 Furneaux Creek T, 4, 72 Furneaux Creek, 7, 77 Indian Creek T, 4, 74 Indian Creek, 12, 79 . 5,500 0 5,5002,750 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High ElmFor kTr i ni t yRiverSouthGr apev ine C r e e k Hutt o n BranchT H u ttonB ra n c h Grapevine Creek-Elm Fork Trinity River Stewart Creek-Lewisville Lake Stewart Creek-Lewisville Lake Indian Creek-Elm Fork Trinity River Timber Creek Lower Hickory Creek Dove Creek-Grapevine Lake Cottonwood Branch-Denton Creek Prairie Creek-Elm Fork Trinity River Watershed Name, Priority Score Grapevine Creek-Elm Fork Trinity River, 72.5625 GREENBELT PRIORITIZATION GREENBELT OPPORTUNITY, PRIMARY GREENBELT OPPORTUNITY, SECONDARY EXISTING GREENBELT DEVELOPED STREAM CORRIDOR PUBLIC LANDS Grapevine Creek-Elm Fork Trinity River Watershed (HUC 120301031004) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 30 of 41 Stream Name, Miles, Priority Score Elm Fork Trinity River South, 3, 76 Grapevine Creek, 9, 74 Hutton Branch T, 4, 69 Hutton Branch, 5, 73 . 9,500 0 9,5004,750 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High 134DentonCreekT2DentonCreek N orth P ec a n CreekNorth Pecan Creek-Denton Creek Flat Creek Hog Branch-Denton Creek South Hickory Creek Oliver Creek Morris Branch-Denton Creek Morris Branch-Denton Creek Morris Branch-Denton Creek Buck Creek-Clear Creek Whites Creek-Clear Creek Headwaters Hickory Creek Watershed Name, Priority Score North Pecan Creek-Denton Creek, 70.65 GREENBELT PRIORITIZATION GREENBELT OPPORTUNITY, PRIMARY GREENBELT OPPORTUNITY, SECONDARY EXISTING GREENBELT DEVELOPED STREAM CORRIDOR PUBLIC LANDS North Pecan Creek-Denton Creek Watershed (HUC 120301040202) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 31 of 41 Stream Name, Miles, Priority Score Denton Creek T2, 3, 69 Denton Creek, 8, 75 North Pecan Creek, 8, 70 . 7,200 0 7,2003,600 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High MorrisBranch MorrisBran chTD en ton Cre ek T4DentonCreek Morr i sBranchD en to nCreekT3Morris Branch-Denton Creek North Pecan Creek-Denton Creek Hog Branch-Denton Creek South Hickory Creek Oliver Creek Headwaters Hickory Creek Watershed Name, Priority Score Morris Branch-Denton Creek, 71.85 GREENBELT PRIORITIZATION GREENBELT OPPORTUNITY, PRIMARY GREENBELT OPPORTUNITY, SECONDARY EXISTING GREENBELT DEVELOPED STREAM CORRIDOR PUBLIC LANDS Morris Branch-Denton Creek Watershed (HUC 120301040204) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 32 of 41 Stream Name, Miles, Priority Score Denton Creek T3, 4, 72 Denton Creek T4, 4, 72 Denton Creek, 11, 76 Morris Branch T, 3, 69 Morris Branch, 12, 74 . 6,000 0 6,0003,000 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High 135 DentonCreek Denton Creek T 8 H o g Br a n ch D e ntonCreekT6DentonCr eekT 6 Hog Branch-Denton Creek Middle Hickory Creek South Hickory Creek Oliver Creek Morris Branch-Denton Creek Upper Hickory Creek Upper Hickory Creek Denton Creek-Grapevine Lake Headwaters Elizabeth Creek Elizabeth Creek-Denton Creek Headwaters Hickory Creek Watershed Name, Priority Score Hog Branch-Denton Creek, 79.175 GREENBELT PRIORITIZATION GREENBELT OPPORTUNITY, PRIMARY GREENBELT OPPORTUNITY, SECONDARY EXISTING GREENBELT DEVELOPED STREAM CORRIDOR PUBLIC LANDS Hog Branch-Denton Creek Watershed (HUC 120301040205) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 33 of 41 Stream Name, Miles, Priority Score Denton Creek T6, 7, 77 Denton Creek T8, 7, 80 Denton Creek, 14, 82 Hog Branch, 2, 76 Hog Branch, 2, 81 Hog Branch, 3, 79 . 6,100 0 6,1003,050 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High OliverCreek LongBra nc h Hackbe r r y Cree k O liverC reekT6Oliv erCreekOli v e r CreekT4Oliv e rCree kT 1 Oliver Cree kT2 Oliver Creek North Pecan Creek-Denton Creek Middle Hickory Creek Hog Branch-Denton Creek South Hickory Creek Morris Branch-Denton Creek Moores Branch-Clear Creek Upper Hickory Creek Headwaters Elizabeth Creek Henrietta Creek Elizabeth Creek-Denton Creek Headwaters Hickory Creek Watershed Name, Priority Score Oliver Creek, 68.675 GREENBELT PRIORITIZATION GREENBELT OPPORTUNITY, PRIMARY GREENBELT OPPORTUNITY, SECONDARY EXISTING GREENBELT DEVELOPED STREAM CORRIDOR PUBLIC LANDS Oliver Creek Watershed (HUC 120301040206) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 34 of 41 Stream Name, Miles, Priority Score Hackberry Creek, 6, 67 Long Branch, 5, 68 Oliver Creek T1, 4, 65 Oliver Creek T2, 4, 68 Oliver Creek T4, 3, 68 Oliver Creek T6, 4, 70 Oliver Creek, 23, 78 . 11,000 0 11,0005,500 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High 136 H arri et C r e e k Ha rriet C reek T Eliza bethCree k T1 Elizabe t hCr eekT2 El i z a b eth C re ek Headwaters Elizabeth Creek Middle Hickory Creek Marshall Branch-Grapevine Lake Hog Branch-Denton Creek South Hickory Creek Oliver Creek Morris Branch-Denton Creek Upper Hickory Creek Denton Creek-Grapevine Lake Henrietta Creek Elizabeth Creek-Denton Creek Watershed Name, Priority Score Headwaters Elizabeth Creek, 77.325 GREENBELT PRIORITIZATION GREENBELT OPPORTUNITY, PRIMARY GREENBELT OPPORTUNITY, SECONDARY EXISTING GREENBELT DEVELOPED STREAM CORRIDOR PUBLIC LANDS Headwaters Elizabeth Creek Watershed (HUC 120301040301) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 35 of 41 Stream Name, Miles, Priority Score Elizabeth Creek T1, 4, 72 Elizabeth Creek T2, 5, 74 Elizabeth Creek, 18, 83 Harriet Creek T, 5, 71 Harriet Creek, 5, 79 Harriet Creek, 7, 76 . 8,900 0 8,9004,450 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High Henri ettaCreekT4BuffaloCreekTHenriettaCree k T 1 Hen r ie tta C r e ek H e n r i e t t a C r e e kT 1 HenriettaCreekT3BuffaloCreekHenrietta Creek Marshall Branch-Grapevine Lake Denton Creek-Grapevine Lake Headwaters Elizabeth Creek Elizabeth Creek-Denton Creek Watershed Name, Priority Score Henrietta Creek, 72.2 GREENBELT PRIORITIZATION GREENBELT OPPORTUNITY, PRIMARY GREENBELT OPPORTUNITY, SECONDARY EXISTING GREENBELT DEVELOPED STREAM CORRIDOR PUBLIC LANDS Henrietta Creek Watershed (HUC 120301040302) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 36 of 41 Stream Name, Miles, Priority Score Buffalo Creek T, 3, 65 Buffalo Creek, 5, 70 Henrietta Creek T1, 6, 68 Henrietta Creek T3, 5, 72 Henrietta Creek T4, 4, 74 Henrietta Creek, 14, 79 . 7,000 0 7,0003,500 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High 137 C atherine Branch Tra ilCre e k D ento nCreek E lizab ethC r e e kD e n t onCr eekT11 Tra il Creek T Elizabeth Creek-Denton Creek Middle Hickory Creek Marshall Branch-Grapevine Lake Hog Branch-Denton Creek Oliver Creek Morris Branch-Denton Creek Upper Hickory Creek Denton Creek-Grapevine Lake Headwaters Elizabeth Creek Henrietta Creek Watershed Name, Priority Score Elizabeth Creek-Denton Creek, 83.55 GREENBELT PRIORITIZATION GREENBELT OPPORTUNITY, PRIMARY GREENBELT OPPORTUNITY, SECONDARY EXISTING GREENBELT DEVELOPED STREAM CORRIDOR PUBLIC LANDS Elizabeth Creek-Denton Creek Watershed (HUC 120301040303) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 37 of 41 Stream Name, Miles, Priority Score Catherine Branch, 6, 85 Denton Creek T11, 5, 82 Denton Creek, 10, 88 Elizabeth Creek, 3, 85 Trail Creek T, 4, 78 Trail Creek, 8, 81 . 7,400 0 7,4003,700 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High D ento nCree k W hitesBranch TGr a h a mBr a nchWhite sBranchCadeB ranc hDenton Creek-Grapevine Lake Middle Hickory Creek Timber Creek Marshall Branch-Grapevine Lake Hog Branch-Denton Creek Lower Hickory Creek Oliver Creek Dove Creek-Grapevine Lake Headwaters Elizabeth Creek Henrietta Creek Elizabeth Creek-Denton Creek Watershed Name, Priority Score Denton Creek-Grapevine Lake, 84.5 GREENBELT PRIORITIZATION GREENBELT OPPORTUNITY, PRIMARY GREENBELT OPPORTUNITY, SECONDARY EXISTING GREENBELT DEVELOPED STREAM CORRIDOR PUBLIC LANDS Denton Creek-Grapevine Lake Watershed (HUC 120301040304) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 38 of 41 Stream Name, Miles, Priority Score Cade Branch, 4, 87 Denton Creek, 7, 88 Graham Branch, 8, 86 Whites Branch T, 3, 81 Whites Branch, 6, 85 . 6,500 0 6,5003,250 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High 138KirkwoodBranchMarshallBranch S ha r p sBranchM a rs hallB ranch Marshall Branch-Grapevine Lake Middle Hickory Creek Timber Creek Lower Hickory Creek Oliver Creek Dove Creek-Grapevine Lake Denton Creek-Grapevine Lake Headwaters Elizabeth Creek Henrietta Creek Elizabeth Creek-Denton Creek Watershed Name, Priority Score Marshall Branch-Grapevine Lake, 86.5 GREENBELT PRIORITIZATION GREENBELT OPPORTUNITY, PRIMARY GREENBELT OPPORTUNITY, SECONDARY EXISTING GREENBELT DEVELOPED STREAM CORRIDOR PUBLIC LANDS Marshall Branch-Grapevine Lake Watershed (HUC 120301040305) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 39 of 41 Stream Name, Miles, Priority Score Kirkwood Branch, 4, 87 Marshall Branch, 8, 88 Sharps Branch, 1, 89 Sharps Branch, 2, 87 . 6,700 0 6,7003,350 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High D o v e CreekDove Creek-Grapevine Lake Timber Creek Marshall Branch-Grapevine Lake Lower Hickory Creek Denton Creek-Grapevine Lake Grapevine Creek-Elm Fork Trinity River Cottonwood Branch-Denton Creek Prairie Creek-Elm Fork Trinity River Watershed Name, Priority Score Dove Creek-Grapevine Lake, 87 GREENBELT PRIORITIZATION GREENBELT OPPORTUNITY, PRIMARY GREENBELT OPPORTUNITY, SECONDARY EXISTING GREENBELT DEVELOPED STREAM CORRIDOR PUBLIC LANDS Dove Creek-Grapevine Lake Watershed (HUC 120301040306) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 40 of 41 Stream Name, Miles, Priority Score Dove Creek, 4, 87 . 5,500 0 5,5002,750 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High 139CottonwoodBranch Bak e r s Branc h Cottonw oodBra nchDenton C reek D o w nCottonwood Branch-Denton Creek Indian Creek-Elm Fork Trinity River Timber Creek Dove Creek-Grapevine Lake Grapevine Creek-Elm Fork Trinity River Prairie Creek-Elm Fork Trinity River Watershed Name, Priority Score Cottonwood Branch-Denton Creek, 83.575 GREENBELT PRIORITIZATION GREENBELT OPPORTUNITY, PRIMARY GREENBELT OPPORTUNITY, SECONDARY EXISTING GREENBELT DEVELOPED STREAM CORRIDOR PUBLIC LANDS Cottonwood Branch-Denton Creek Watershed (HUC 120301040307) Stream Segment and Watershed Priority Scores Denton County Greenbelt Plan Page 41 of 41 Stream Name, Miles, Priority Score Bakers Branch, 3, 81 Cottonwood Branch, 8, 82 Denton Creek Down, 11, 88 . 5,900 0 5,9002,950 Feet 5 7 1 22 2 3 4 8 34 35 26 9 23 11 14 19 6 36 37 32 33 31 29 20 16 17 39 13 30 38 25 10 18 40 24 41 27 12 28 21 15 Stream Priority LOW MEDIUM HIGH Watershed Priority Low Medium High 140 Argyle .Denton County Combined City and ETJ Limits City of Argyle Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan 3,700 0 3,7001,850 Feet PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY NO GREENBELT PRESERVATION OPPORTUNITY COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY PROTECTED LANDS Aubrey .Denton County Combined City and ETJ Limits City of Aubrey Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan 6,000 0 6,0003,000 Feet PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY NO GREENBELT PRESERVATION OPPORTUNITY COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY PROTECTED LANDS Appendix C - Greenbelt Opportunity with Jurisdictional Overlay 141 Bartonville .Denton County Combined City and ETJ Limits City of Bartonville Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan 2,900 0 2,9001,450 Feet PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY NO GREENBELT PRESERVATION OPPORTUNITY COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY PROTECTED LANDS Carrollton .Denton County Combined City and ETJ Limits City of Carrollton Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan 4,600 0 4,6002,300 Feet PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY NO GREENBELT PRESERVATION OPPORTUNITY COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY PROTECTED LANDS 142 Celina .Denton County Combined City and ETJ Limits City of Celina Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan 6,500 0 6,5003,250 Feet PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY NO GREENBELT PRESERVATION OPPORTUNITY COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY PROTECTED LANDS Coppell .Denton County Combined City and ETJ Limits City of Coppell Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan 1,800 0 1,800900 Feet PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY NO GREENBELT PRESERVATION OPPORTUNITY COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY PROTECTED LANDS 143 Copper Canyon .Denton County Combined City and ETJ Limits City of Copper Canyon Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan 2,250 0 2,2501,125 Feet PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY NO GREENBELT PRESERVATION OPPORTUNITY COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY PROTECTED LANDS Corinth .Denton County Combined City and ETJ Limits City of Corinth Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan 2,400 0 2,4001,200 Feet PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY NO GREENBELT PRESERVATION OPPORTUNITY COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY PROTECTED LANDS 144 Corral City .Denton County Combined City and ETJ Limits City of Corral City Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan 440 0 440220 Feet PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY NO GREENBELT PRESERVATION OPPORTUNITY COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY PROTECTED LANDS Cross Roads .Denton County Combined City and ETJ Limits City of Cross Roads Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan 3,100 0 3,1001,550 Feet PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY NO GREENBELT PRESERVATION OPPORTUNITY COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY PROTECTED LANDS 145 Dallas .Denton County Combined City and ETJ Limits City of Dallas Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan 1,250 0 1,250625 Feet PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY NO GREENBELT PRESERVATION OPPORTUNITY COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY PROTECTED LANDS Denton .Denton County Combined City and ETJ Limits City of Denton Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan 10,000 0 10,0005,000 Feet PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY NO GREENBELT PRESERVATION OPPORTUNITY COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY PROTECTED LANDS 146 Dish .Denton County Combined City and ETJ Limits City of Dish Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan 1,600 0 1,600800 Feet PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY NO GREENBELT PRESERVATION OPPORTUNITY COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY PROTECTED LANDS Double Oak .Denton County Combined City and ETJ Limits City of Double Oak Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan 1,800 0 1,800900 Feet PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY NO GREENBELT PRESERVATION OPPORTUNITY COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY PROTECTED LANDS 147 Flower Mound .Denton County Combined City and ETJ Limits City of Flower Mound Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan 8,500 0 8,5004,250 Feet PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY NO GREENBELT PRESERVATION OPPORTUNITY COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY PROTECTED LANDS Fort Worth .Denton County Combined City and ETJ Limits City of Fort Worth Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan 6,100 0 6,1003,050 Feet PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY NO GREENBELT PRESERVATION OPPORTUNITY COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY PROTECTED LANDS 148 Frisco .Denton County Combined City and ETJ Limits City of Frisco Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan 6,300 0 6,3003,150 Feet PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY NO GREENBELT PRESERVATION OPPORTUNITY COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY PROTECTED LANDS Grapevine .Denton County Combined City and ETJ Limits City of Grapevine Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan Page 18 of 44 210 0 210105 Feet GREENBELT PRIORITIZATION GREENBELT OPPORTUNITY, PRIMARY GREENBELT OPPORTUNITY, SECONDARY EXISTING GREENBELT DEVELOPED STREAM CORRIDOR PUBLIC LANDS COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY ONLY A SMALL PORTION OF THE CITY OF GRAPEVINE LIES WITHIN DENTON COUNTY 149 Hackberry .Denton County Combined City and ETJ Limits City of Hackberry Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan 1,400 0 1,400700 Feet PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY NO GREENBELT PRESERVATION OPPORTUNITY COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY PROTECTED LANDS Haslet .Denton County Combined City and ETJ Limits City of Haslet Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan Page 20 of 44 370 0 370185 Feet GREENBELT PRIORITIZATION GREENBELT OPPORTUNITY, PRIMARY GREENBELT OPPORTUNITY, SECONDARY EXISTING GREENBELT DEVELOPED STREAM CORRIDOR PUBLIC LANDS COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY 150 Hebron .Denton County Combined City and ETJ Limits City of Hebron Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan 1,700 0 1,700850 Feet PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY NO GREENBELT PRESERVATION OPPORTUNITY COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY PROTECTED LANDS Hickory Creek .Denton County Combined City and ETJ Limits City of Hickory Creek Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan 3,750 0 3,7501,875 Feet PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY NO GREENBELT PRESERVATION OPPORTUNITY COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY PROTECTED LANDS 151 Highland Village .Denton County Combined City and ETJ Limits City of Highland Village Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan 2,400 0 2,4001,200 Feet PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY NO GREENBELT PRESERVATION OPPORTUNITY COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY PROTECTED LANDS Justin .Denton County Combined City and ETJ Limits City of Justin Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan 2,100 0 2,1001,050 Feet PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY NO GREENBELT PRESERVATION OPPORTUNITY COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY PROTECTED LANDS 152 Krugerville .Denton County Combined City and ETJ Limits City of Krugerville Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan 1,800 0 1,800900 Feet PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY NO GREENBELT PRESERVATION OPPORTUNITY COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY PROTECTED LANDS Krum .Denton County Combined City and ETJ Limits City of Krum Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan 1,900 0 1,900950 Feet PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY NO GREENBELT PRESERVATION OPPORTUNITY COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY PROTECTED LANDS 153 Lake Dallas .Denton County Combined City and ETJ Limits City of Lake Dallas Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan 1,500 0 1,500750 Feet PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY NO GREENBELT PRESERVATION OPPORTUNITY COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY PROTECTED LANDS Lakewood Village .Denton County Combined City and ETJ Limits City of Lakewood Village Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan 1,500 0 1,500750 Feet PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY NO GREENBELT PRESERVATION OPPORTUNITY COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY PROTECTED LANDS 154 Lewisville .Denton County Combined City and ETJ Limits City of Lewisville Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan 7,400 0 7,4003,700 Feet PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY NO GREENBELT PRESERVATION OPPORTUNITY COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY PROTECTED LANDS Little Elm .Denton County Combined City and ETJ Limits City of Little Elm Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan 5,400 0 5,4002,700 Feet PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY NO GREENBELT PRESERVATION OPPORTUNITY COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY PROTECTED LANDS 155 Northlake .Denton County Combined City and ETJ Limits City of Northlake Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan 6,300 0 6,3003,150 Feet PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY NO GREENBELT PRESERVATION OPPORTUNITY COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY PROTECTED LANDS Oak Point .Denton County Combined City and ETJ Limits City of Oak Point Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan 3,250 0 3,2501,625 Feet PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY NO GREENBELT PRESERVATION OPPORTUNITY COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY PROTECTED LANDS 156 Pilot Point .Denton County Combined City and ETJ Limits City of Pilot Point Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan 8,000 0 8,0004,000 Feet PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY NO GREENBELT PRESERVATION OPPORTUNITY COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY PROTECTED LANDS Plano .Denton County Combined City and ETJ Limits City of Plano Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan 3,100 0 3,1001,550 Feet PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY NO GREENBELT PRESERVATION OPPORTUNITY COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY PROTECTED LANDS 157 Ponder .Denton County Combined City and ETJ Limits City of Ponder Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan 5,500 0 5,5002,750 Feet PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY NO GREENBELT PRESERVATION OPPORTUNITY COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY PROTECTED LANDS Prosper .Denton County Combined City and ETJ Limits City of Prosper Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan 3,000 0 3,0001,500 Feet PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY NO GREENBELT PRESERVATION OPPORTUNITY COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY PROTECTED LANDS 158 Providence Village .Denton County Combined City and ETJ Limits City of Providence Village Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan 1,200 0 1,200600 Feet PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY NO GREENBELT PRESERVATION OPPORTUNITY COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY PROTECTED LANDS Roanoke .Denton County Combined City and ETJ Limits City of Roanoke Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan 4,000 0 4,0002,000 Feet PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY NO GREENBELT PRESERVATION OPPORTUNITY COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY PROTECTED LANDS 159 Sanger .Denton County Combined City and ETJ Limits City of Sanger Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan 6,900 0 6,9003,450 Feet PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY NO GREENBELT PRESERVATION OPPORTUNITY COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY PROTECTED LANDS Shady Shores .Denton County Combined City and ETJ Limits City of Shady Shores Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan 2,200 0 2,2001,100 Feet PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY NO GREENBELT PRESERVATION OPPORTUNITY COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY PROTECTED LANDS 160 Southlake .Denton County Combined City and ETJ Limits City of Southlake Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan Page 41 of 44 1,600 0 1,600800 Feet GREENBELT PRIORITIZATION GREENBELT OPPORTUNITY, PRIMARY GREENBELT OPPORTUNITY, SECONDARY EXISTING GREENBELT DEVELOPED STREAM CORRIDOR PUBLIC LANDS COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY The Colony .Denton County Combined City and ETJ Limits City of The Colony Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan 4,800 0 4,8002,400 Feet PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY NO GREENBELT PRESERVATION OPPORTUNITY COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY PROTECTED LANDS 161 Trophy Club .Denton County Combined City and ETJ Limits City of Trophy Club Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan 2,000 0 2,0001,000 Feet PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY NO GREENBELT PRESERVATION OPPORTUNITY COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY PROTECTED LANDS Westlake .Denton County Combined City and ETJ Limits City of Westlake Corporate Limits and ETJ Greenbelt Opportunity Map Denton County Greenbelt Plan 1,800 0 1,800900 Feet PRESERVED STREAM CORRIDORS PROTECTED BY ORDINANCE OR OTHER GREENBELT PRESERVATION OPPORTUNITY PRIMARY OPPORTUNITY SECONDARY OPPORTUNITY NO GREENBELT PRESERVATION OPPORTUNITY COMBINED CITY LIMITS AND ETJ CORPORATE LIMITS EXTRA-TERRITORIAL JURISDICTION DENTON COUNTY PROTECTED LANDS 162 This toolbox has been prepared to assist Denton County, its municipalities, citizens, and developers with a quick reference of Greenbelt preservation strategies. The tools outlined herein may be used in combination or separately to generate interest in Greenbelts and eventually preserve Greenbelts throughout the County. This toolbox is divided into the following sections: Interest in Greenbelts, protection measures for Greenbelts, water quality protection for private landowners, and funding and acquisition strategies. This table shows which implementation strategies could be implemented by or assist the implementation of for each stakeholder group. Implementation Strategy Local Governments Developers Landowners Non‐ profits/Citizens Agencies Conservation Easements X XX X Mitigation Banking XX X In‐Lieu Fee Programs XX X Grazing Management XX X Cropland Management XX X Greenbelt and Stream Corridor  Stewardship XX X Invasive Species Management XX X General Obligation Bonds X Community Development Block Grants X Development Dedications XX TPWD Recreation Grants XX FHA Recreational Trails Program X Clean Water Act 319 Grants X XX Farm and Ranch Lands  Conservation Program XX Private‐Public Partnerships XX Greenbelt Maintenance XX Appendix D - Greenbelt toolbox of implementation strategies 163 Description of Strategy Benefits Drawbacks Logo and Tagline: This is the brand for Greenbelt Preservation in Denton County. This brand should be included on any advertisement or product development on behalf of the Denton County Greenbelt Preservation effort. Brand recognition is vital to developing interest in Greenbelt preservation. Using the brand universally lets the public and people working within Denton County know that the entire County is in support of the Greenbelt preservation effort. Voluntary. May be difficult to gain full support and utilization of the Brand universally throughout Denton County, the municipalities within Denton, and the various conservation groups within Denton County. Brochures: Simple, creative, and informative brochures have been produced to support the Greenbelt Preservation effort in Denton County. These brochures are low-cost, mini-advertisements promoting Greenbelt preservation in Denton County. The brochures can be easily located in a variety of public spaces: economic development offices, County and municipal buildings, libraries, schools, and any other applicable venue. They can also be used as Water Bill Inserts for the various municipalities in Denton County. Distribution and maintaining distribution may be a challenge. May require high administration overhead to manage the project. Public Awareness Campaigns: This strategy leverages the various media outlets to spread the word about Greenbelts. Information dissemination through the media could include magazine and newspaper advertisements, billboard media, radio and televisions spots, dedicated websites, and any other applicable media outlet. Public awareness campaigns reach the public masses. They are designed to inundate the public with information to generate interest. Much like the water conservation efforts in North Texas, the Greenbelt preservation effort should realize similar returns on investment using the various media outlets. Expensive program. May require consultants – graphic design and media consultants. One campaign should be used at the onset, such as billboards, to monitor the return on investment for the public awareness campaign rather than a full- scale media blitz. Ambassadors for Greenbelts Programs: These are educational programs designed to educate and inform the general public on all aspects of Greenbelts. These programs, akin to the Master Naturalist or Master Gardener programs, teach the generate public about the benefits afforded by Greenbelts. They are designed for general advocates, grassroots advocates and Greenbelt preservation. Grassroots advocates are the foundation for Greenbelt preservation in Denton County. This program would require a curricula be established, a board to govern the program’s activities, and a strong group of volunteers to support the program. The program would also require development from the ground up. It may also carry a high administrative overhead at the onset to manage the program. Greenbelt Advisory Committee: A group of appointed individuals to serve on a board or committee to function as experts on Greenbelts and Greenbelt Preservation. This board or committee, dedicated to Greenbelt preservation and conservation efforts, would help provide a unified voice for Greenbelt Preservation in Denton County. These positions could be on the County level appointed by the County commissioner or judge, on the municipal level to support Greenbelt preservation within a City’s corporate limits, or in combination. These members would serve as a council on the benefits of Greenbelts, suitable locations of Greenbelts, and planning and acquisition of lands suitable for Greenbelts. This program would require informed constituents to serve on the committee or board, therefore a limited number of qualified individuals may be available at the onset of the program. Purpose and would need to be established for the committee or board, including development of a charter for the organization. INTEREST IN GREENBELTSInformation dissemination is paramount for future Greenbelt preservation efforts in Denton County. An informed constituency will generate interest in Greenbelts and interest would in turn command demand for Greenbelts. The following are concepts to generate awareness, interest, and consequently demand for Greenbelts within Denton County. 164 Description of Strategy Benefits Drawbacks Recognition Programs: This program would endorse projects or land management practices that promote Greenbelt Preservation. For the development community, this program would develop the criteria for the endorsement of development projects that promote Greenbelt preservation. Developers could then use the endorsement materials in their promotional materials for the development. For landowners, this program would develop the criteria to recognize landowners in Denton County who are performing outstanding watershed protection management measures on their property. Voluntary participation. This program would require a champion to administer the program, such as the Upper Trinity Conservation Trust. It may carry a high administrative overhead to administer the program. Events, Outings, Functions, and Festivals: This program would provide the information and support to assist Denton County, municipalities, organizations, and other user groups to host and sponsor events in support of Greenbelt Preservation efforts. The best way to foster Greenbelt preservation is to get out and enjoy Greenbelts. This program would support entities within Denton County with the organizational support to host outings, functions, festivals, and events in support of Greenbelt preservation. This program would carry a high administrative overhead to administer the program. It would likely require professional staff assigned to the program (event planner or similar). Comment Letters: These are draft sample letters for the promotion of Greenbelt preservation. These are low cost form letters written specifically to target city council members, city managers, mayors, county commissioners, and state representatives with the intent to support Greenbelt preservation efforts. The intent of this program is for the general populace to speak with a unified and informed voice on Greenbelt preservation concerns. Form letters lack personal appeal. Greenbelt preservation efforts vary across the County and may require numerous sample letters. School Education Curricula: This is a grassroots education program that targets school-aged children with the intent to educate children on the benefits of Greenbelts and why they deserve preservation. This program, like many other school-aged programs, targets kids so that learning may permeate throughout the entire family unit. This program would be designed to teach children about natural resource literacy, the benefits of clean watersheds, and about where our drinking water is derived. Voluntary participation. Adoption and incorporation into Independent School District education criteria may be challenging. May carry a high administrative overhead to administer the program. Training Programs: A program designed to train government staff, landowners, and others involved in managing natural resources. Programs are already in place that suppors the management of Natural Resources. The Texas Water Resources Institute and the Texas Agri-Life Extension Service are two sources for training in riparian and stream ecosystems, ranchland and livestock management for the benefit of natural resources, and others. Voluntary participation. 165 Description of Strategy Benefits Drawbacks State and Federal Regulations: Clean Water Act, Clean Air Act, Endangered Species Act, National Pollutant Discharge Elimination System Program, Flood Control Act, National Flood Insurance Program, and others Regulations designed to support the natural system functions of water quality, clean air, species preservation, flood protections, and others. All must comply with state and federal regulations. These regulations do not provide protections to the vegetation associated with the natural resource. Greenbelts are not necessarily protected by state and federal regulations. Greenbelt protections are an adjunct of these programs. Ordinances: Legislation enacted by local governments designed to provide certain prohibitions within municipal or county jurisdictions. Ordinances can be developed to deter or prevent development within identified areas. Numerous municipalities within Denton County have ordinances in place that preclude or deter development within stream corridors, watersheds, floodplains, and/or environmentally sensitive areas. Added bureaucracy. May face opposition on the local government level. May give the appearance that a particular municipality is anti- development. Greenbelt Districts: Identification of preferred or desirable natural assets and providing development restrictions within those districts. This program would identify Greenbelts within a municipality and encourage sensitive site design to protect the resource. Helps maintain the Greenbelt, its ecological functions, and integrity of the Greenbelt. May not cross corporate limit boundaries. Therefore, the resource protections stop at a municipal boundary. Property Tax Exemptions: In exchange for property tax exemptions, voluntarily entered into open space easements between Denton County and the landowner for the purpose of preserving their land as open space or for wildlife. Denton County allows for an Open Space Agricultural Valuation for Wildlife Management. Would require coordination with the Denton County Appraisal District and Denton County. According to Comptrollers’ rule 9.2005, the minimum number of acres required to qualify for an agricultural appraisal based on wildlife management within Denton County is 14.25 acres. Purchase or Transfer of Development Rights (PDR): The owner’s rights to develop a parcel of land are sold to the local government or to a land trust (Upper Trinity Conservation Trust). Most PDR programs are voluntary and offer a viable financial option to interested landowners. A proven technique for local governments with strong support to acquire lands for preservation. Owners who sell development rights receive an income and continue to use their land while retaining all other rights. Property taxes should also be reduced. An expensive program. Rarely protects enough land to relieve development pressure on resource land. Funding may not meet demand for easement purchases. Voluntary program means some resource areas may be lost. PROTECTION MEASURES FOR GREENBELTS The following are a listing of protection measures for the preservation of Greenbelts in Denton County. The list is not all inclusive. Other mechanisms may be available to protect Greenbelts for the foreseeable future. The listing includes regulatory and non-regulatory mechanisms to consider. One of the primary purposes for the Greenbelt Plan was to facilitate the preservation of greenbelts on a voluntary basis. Regulations normally apply when the land development process begins. The adverse impacts of land clearning and other pre-development activities often result in resource loss, essentially making Greenbelt Protection through regulation an after the fact exercise. Therefore, the Denton County Greenbelt Plan advocates the voluntary preservation of Greenbelts through the various mechanisms outlined herein. 166 Description of Strategy Benefits Drawbacks Purchase of Rights or Other Easements: In combination with PDR, other rights, such as the right to timber or extract minerals, could also be purchased. Other customized easements could be developed to protect Greenbelts. Protects specific target resources, such as the riparian corridors associated with Greenbelts. Less expensive than PDR. Provides income to landowner while keeping the targeted resource intact. This tool is limited to specific uses. Mandatory Dedication of Greenspace : Developers are required to dedicate a portion of subdivided property (1/35 acre per dwelling unit for example) or pay a fee for greenspace (such as for Greenbelt Preservation). Greenspace is protected and recreation lands are acquired at little cost to the public. Only applies to residential subdivision. Limited effectiveness in preserving large tracts and corridors. Conservation Overlay Zoning: Stricter development standards and criteria are established to protect particular features within the conservation zone: historic districts, landscape features such as Greenbelts, scenic views, agricultural areas, or watersheds are examples. Standards and criteria are developed to meet the needs of a specific resource within the conservation zone. Effective mechanism for protecting specific resources from development pressures. Standards must be defined clearly to ensure that, in this case, Greenbelts can be protected. Zoning regulations can be changed. Does not address resource protection outside the zoning district. Cluster Development: This program allows land developers to develop in a compact form at higher densities. This preserves greenspace within the same tract that would not be developed. Allows for flexibility in design to protect natural resource areas located on the parcel. Construction and infrastructure costs for land developers are reduced. The Town of Flower Mound’s SmartGrowth initiative advocates Cluster Development. If not implemented correctly, protected lands are often scattered and not contiguous. Clustering may not be a preferred option for developers. Management of the common greenspace may become problematic. Conservation Easements: A legal agreement between a landowner and a qualified conservation organization, such as the Upper Trinity Conservation Trust, or government agency to voluntarily restrict the use and development of the property. Easement grantee (i.e. local government) would hold a partial interest or some specified right in the protected parcel. Conservation easements are designed to protect a specific sensitive natural, historic, or cultural resource. An easement may be in effect for a specified period of time but is usually perpetual. Can be effective in preserving Greenbelts if it meets mutual goals of landowner and agency. Easement provisions are tailored to meet landowner’s needs and site preservation goals. Landowner retains ownership and use of the land. Easements run with the land, despite changes in ownership. Reduces costs for site protection when easements are acquired at less than fair market value for the protected area. Baseline survey required to identify the extent of natural, historic, or cultural resources within the easement. Less protection than outright acquisition. Easement purchases may be costly. Terms must be carefully and clearly outlined. Management intensive: easement must be monitored and enforced; grantee agency must work closely with landowners. Easement grantee must possess technical expertise and financial wherewithal to monitor and enforce easement restrictions. Easement restrictions may limit property resale opportunities. Tax benefits may not be sufficient motivation for landowner to donate or sell easement. Mitigation Banking: Mitigation banking is an enterprise where a wetland, stream, or other aquatic resource area is restored, established, enhanced, or in certain circumstances, preserved for the purpose of providing compensation for unavoidable impacts to aquatic resources permitted under Section 404 of the Clean Water Act. A Mitigation Bank (or land area that encompasses the restored wetlands, streams or other aquatic resources) may be created when a government agency, corporation, non-profit organization, or other entity undertakes the restoration activities following a formal agreement with the regulatory agency that administers the program. Mitigation banks are excellent opportunities for landowners or private for-profit companies to restore, enhance, and preserve natural resources within their lands while providing a potentially high return revenue stream for those preservation efforts. Mitigation banks are excellent tools to restore aquatic resource assets, especially on previously impacted or degraded lands. Even established mitigation banks can be conveyed to another party. Certain land uses can be carved out of a parcel being considered for a mitigation bank (areas such as pastureland for grazing, or oil and gas exploration). Upfront costs are expensive. Only certain properties are fit for mitigation banking opportunities – usually the properties that have been in agricultural production for a considerable time frame where aquatic resources have been augmented or degraded. Time consuming to acquire authorization. Area of the mitigation bank needs to be in a growth mode. Financial assurances for the long term success of the bank are required. In-Lieu Fee Programs: In-lieu Fee programs are monies paid to a governmental or non-profit natural resources management entity, such as the Upper Trinity Conservation Trust, to satisfy compensatory mitigation requirements associated with Department of the Army permits (specifically Section 404 of the Clean Water Act permits). From the monies received, the governmental agency or non-profit uses those funds for restoration, establishment, enhancement, and/or preservation of aquatic resources. In-Lieu Fee programs are excellent opportunities for a government or non-profit entity to restore lands within their operational or jurisdictional area with the funds for the restoration efforts provided by the permittee (developer) seeking a Section 404 of the Clean Water Act permit. This program, as well as the mitigation banking program, would allow for the development monies that would be spent to provide compensation for impacts to aquatic resources associated with projects within Denton County to stay within Denton County. Further, those monies would go towards preserving and enhancing the aquatic resources within Denton County. Similar to mitigation banks, upfront costs to establish the in- lieu fee program would be expensive. Further, it would be advantageous to pre-restore a degraded property prior to the in- lieu fee authorization as a show of good faith from the organization, which would generate some risk to the organization. Program would require overhead cost to administer day to day activities. 167 Description of Strategy Benefits Drawbacks Grazing Management: Livestock grazing represents the largest agricultural activity in Texas. Accordingly, it is incumbent upon the landowner to ensure land stewardship for the protection of water quality entering area streams, creeks, and rivers. Proper grazing techniques, such as proper stocking rates and rotational grazing, may improve productivity and sustainability of the cattle operation. Riparian areas should be treated with extra care, mainly by restricting the amount of time that livestock have access to the riparian area and creek bank. Creating a separate riparian pasture or fencing off the riparian area completely can help accomplish this. See the following links for further information: http://lshs.tamu.edu/ http://www.blm.gov/or/programs/nrst/grazing.php Voluntary program. Restricts landowner’s usage of entire property. Crop Management: The production of crops is a predominant agricultural pursuit in Denton County. Crops such as cotton, corn, grains, and forage are the predominant crops in production. To ensure water quality protection, it is imperative that riparian buffer areas are maintained and farm management practices are incorporated to reduce runoff and subsequent erosion in the field. Employing buffers and other farm management practices to reduce field runoff and erosion is critical to ensure the integrity of the area’s creeks, which will in turn protect water quality. Reducing runoff and erosion from the field is also important since pollutants such as fertilizer, herbicide and pesticide that are commonly used in farming practices attach to soil that can harm water quality once it reaches the creek. See the following link for further information: http://www.nrcs.usda.gov/wps/portal/nrcs/main/national/soils/health/ Voluntary program. Suggests that farmers adjust their farming practices to include cover crops, which require the purchase of additional seed and material costs for the planting efforts. Riparian Corridor Restoration: Private landowners have a significant responsibility to carefully manage their associated riparian areas that cross their land to ensure the integrity of the water quality and water supply entering area creeks, streams, and rivers. Numerous publications and literature is available that discusses the benefits of maintaining riparian corridors (Greenbelts) on properties. Some of the publications include the following: AgriLife Bookstore http://www.remarkableriparian.org/ Texas Riparian Association website Botanical Research Institute of Texas website Voluntary program. Requires adjustments to land use practices on a property. May include a cost to restore riparian corridor vegetation. May also exclude livestock from riparian areas, which may be the only source of water for livestock. Invasive Species Management: Invasive species, those that do not occur naturally in Texas, can be plants or animals that can cause serious damage to native wildlife and vegetation. These plants and animals can also harm water quality. Removing invasive species protects landowner property. The most recognizable invasive animal is the feral hog. Feral hogs damage crops and pasturelands, harm livestock and wildlife, and negatively affect water quality as they spend a majority of their time near water. Information on invasive species management is available at the AgriLife Bookstore. Voluntary program. Costly program to eradicate invasive species. Requires ongoing management in perpetuity. WATER QUALITY PROTECTION MEASURES FOR PRIVATE LANDOWNDERS Private landowners have a repsonsibility to mange their land to ensure that the County’s waterways are not negatively impacted by their agricultural land practices. The following land management practices provide mechanisms for private landowners to promoted water quality on their lands. Further, numerous state and federal programs are available to assist landowners with various land management concerns. These entities include the Natural Resources Conservation Service, the Soil Conservation Service, the Texas AgriLife Extension Service, the Texas Forests Service, the Denton County Soil and Water Conservation District and a variey of others. 168 FUNDING AND ACQUISITION STRATEGIES Funding mechanisms for the preservation of greenspace areas are fiscally challenging. The following are a listing of general funding opportunities for municipalities or Denton County to consider. This list of funding opportunities is not all inclusive. It is solely guidance on funding options and strategies to consider. It should be noted that the Trust for Public Land employs a conservation finance team. The Trust for Public Land is the nation’s leading source for research, education, and policy information for conservation funding. Entities should be encouraged to engage the Trust for Public Land to identify and secure public financing. Description of Strategy Benefits Drawbacks General Obligation Bonds: General obligation bonds are debt instruments issued by local governments to raise funds for public projects including the purchase of properties for natural resource protection. Provides the funding necessary to purchase identified natural resources within a municipal jurisdiction. Bonds require voter approval. Limited to the City’s corporate limits and occasionally its extra-territorial jurisdiction. Community Development Block Grants: This is a federal program administered by the U.S. Department of Housing and Urban Development that provides communities with the resources to address a wide range of community development needs. Provides a funding source to benefit low- and moderate- income persons, and is used to address community development needs. Not necessarily used to acquire greenspace and public facilities specifically. Cannot be applied to site specific locations – other factors have to be satisfied. Development Dedications: Parkland dedication is a local government requirement imposed on subdivision and site plan applications that mandates the dedication of land for a park and/or the payment of a fee to be used by the governmental entity to acquire land and/or develop park facilities. Resources acquired at a very low cost to community. Greenbelts are typically within floodplains and not necessarily allow for development, which would aid the developer in satisfying this criterion. Restricted to residential development. Greenbelts may not be available for the development dedication on a particular tract. Texas Parks and Wildlife Department Recreation Grants: The Texas Parks and Wildlife Department administers the recreation grants program for the State of Texas. This program assists communities across Texas with their outdoor recreation needs. These grants help build new parks, conserve natural resources, provide access to waterways, and develop education programs for Texas’ youth. Excellent funding mechanism to purchase park and recreational facilities. Program usually requires matching – either funds, lands, services, or similar. 169 Description of Strategy Benefits Drawbacks Federal Highway Administration Recreational Trails Program: The U.S. Department of Transportation’s Federal Highway Administration administers a program that funds pedestrian and bicycling projects and transportation trails. The Texas Department of Transportation is the agency that considers funding opportunities for pedestrian and bicycling projects and facilities. Provides funding to states to develop and maintain recreational trails and trail-related facilities for both motorized and non- motorized recreational trail uses. This program allows for the purchase of easements for the construction of trails, which do apply to Greenbelt corridors. Application and ranking process. Limited funding available. Clean Water Act Section 319 Grants: Clean Water Act Section 319(h) Grants are available to communities with impaired water resources. These grants are designed to help communities with non-point source pollution issues. The U.S. EPA administers the program and distributes funds to states for allocation purposes. Application process and limited funding. Applies to impaired waters. Farm and Ranchlands Conservation Program: The Texas Parks and Wildlife Department administers the Texas Farm and Ranch Lands Conservation Program (TFRLCP). The mission of this program is to conserve natural resources by protecting working lands from fragmentation and development. The program maintains and enhances the ecological and agricultural productivity of farm and ranch lands through agricultural conservation easements. The program uses state and federal dollars to purchase these conservation easements on working lands. Higher priority is given to working lands at risk for development. Land is encumbered by an easement. Public Private Partnerships: This is a strategy used by public agencies and private organizations to accomplish projects serving mutual goals. Partners share benefits, responsibilities, and costs of acquisition and management. Creates a coalition of support for protecting diverse resources. Brings diverse sources of knowledge and expertise to solve resource protection issues. More complicated property management and decision making. Conflicts in acquisition criteria and funding priorities must be resolved. Donations: Numerous donation mechanisms are available: outright donation, donation via bequest, donation with reserved life estate – owner either in life or death donates land to the conservation agency. Resources acquired at a very low cost to the conservation agency. Agency may receive endowment for long-term land stewardship. Donor may qualify for income tax deductions, estate tax relief, and property tax breaks. In some instances, owners may stay on the property and continue using the property during their lifetime. Landowner loses potential income from the sale of the land. Receiving agency must accept responsibility and long-term costs of land management. Stewardship endowments may make donations cost prohibitive for landowner. No income tax deduction for donations of land through a will. May delay the transfer of title to the conservation agency for a prolonged period of time. Land Exchange: Land may be exchanged for another parcel that is more desirable for resource protection. Lower acquisition costs. Scattered properties can be exchanged for a single, larger property. Complicated process. Property owners must be willing to participate and properties must be of equal value. Management Agreement: This is an agreement between landowner and conservation agency, such as the Upper Trinity Conservation Trust, to manage the property to achieve resource conservation goals. Owner may be eligible for direct payments, cost- share assistance, or other technical assistance from the conservation agency. Management plan is developed based on owner’s preservation goals. Mutual agreement is more easily terminated than a lease. Agreements are not permanent. 170 PLANT PALLETE FOR GREENBELTS The following is a list of plants indeginous to Denton County Riparian Zones. Table 1. Indicator categories for plant species and the percentage of time they occur in wetlands. Table 2. Attributes for recommended species for riparian restoration. ‘X’ indicates the species has that attribute. Obligate (OBL), Facultative Wetland (FACW), Facultative (FAC), Facultative Upland (FACU), and Upland (UPL) Grasses Bank Stabilization Livestock Forage Wildlife (food and/or cover) Timber Pollinator Value Wetland Indicator Indiangrass X1 X2 X2 FACU Switchgrass X1 X2 X2 FAC Eastern Gamagrass X1 X2 X2 FAC Big Bluestem X1 X2 X2 FAC Bushy Bluestem X1 FACW Little Bluestem X2 X2 FACU Texas Wintergrass X2 X2 UPL Side-Oats Grama X3 X2 X2 Forbs Bank Stabilization Livestock Forage Wildlife (food  and/or cover) Timber Pollinator Value Wetland  Indicator Illinois  Bundleflower X X3 X3 FACU Maximilian  Sunflower X1 X3 X3 X3 FACU Purple Prairie  Clover X X3 X3 UPL Western Ragweed X UPL Spiny Aster X1 FACW Goldenrod X1 X3 FACU Engelmann’s Daisy X3 X3 X3 X3 UPL Grasses Bank Stabilization Livestock Forage Wildlife (food  and/or cover) Timber Pollinator Value Wetland  Indicator Indiangrass X1 X2 X2 FACU Switchgrass X1 X2 X2 FAC Eastern  Gamagrass X1 X2 X2 FAC Big Bluestem X1 X2 X2 FAC Bushy Bluestem X1 FACW Little Bluestem X2 X2 FACU Texas Wintergrass X2 X2 UPL Side‐Oats Grama X3 X2 X2 Broomsedge  Bluestem X3 X2 FAC Virginia Wildrye X1 X2 X2 FAC Barnyardgrass X1 X2 X2 FACW Silver Bluestem X2 X2 UPL Florida Paspalum X2 X2 FACW Broad‐Leaf  Woodoats X1 X3 X2 FAC Southwestern  Bristlegrass X1 X2 UPL Shrubs Bank Stabilization Livestock Forage Wildlife (food  and/or cover) Timber Pollinator Value Wetland  Indicator Buttonbush X1 X3 X3 OBL False Indigo Bush X1 X3 OBL American  Beautyberry X3 X3 X3 FACU Flowering  Dogwood X1 X3 X FAC Rusty Blackhaw X1 X4 X FACU 171 Trees Bank Stabilization Livestock Forage Wildlife (food  and/or cover) Timber Pollinator Value Wetland  Indicator Southern Red Oak X1 X3 FACU Water Oak X1 X3 FAC Live Oak X1 X3 FACU Bur Oak X1,3 X3 X3 FAC Overcup Oak X1 X3 OBL Sycamore X1 X3 FAC Pecan X1 X3 X3 FAC Black Willow X1 X3 X3 FACW Sugarberry X4 X X3,4 X3 FAC Cedar Elm X1 XXX3 FAC American Elm X1 X X4 X4 FAC Winged Elm X1 X X4 X3 FACU Sweet Gum X1 X3 X3 FAC Box Elder X1 X3 FACW Black Walnut X1 X4 X4 FACU Eastern  Cottonwood X1 X3,4 X4 FAC Possumhaw Holly X1 X4 FACW Green Ash X1 X4 X4 FACW 1  Linex, R.  Common Plants of Riparian Areas – North Central Texas.  U.S. Dept of Agriculture‐Natural Resources Conservation Service. 2 Shaw, R.  2012.  Guide to Texas Grasses.  Texas A&M University Press, College Station, Texas. 3 U.S. Dept of Agriculture‐Natural Resources Conservation Service.  2014.  The PLANTS Database. Accessed 04/23/2014.  http://plants.usda.gov/java/ 4 Cox, P.W., and P. Leslie.  Texas Trees: A Friendly Guide.  Corona Publishing Company, San Antonio,   Texas. 172 USING THE CONSERVATION TAX INCENTIVE | 1LAND TRUST ALLIANCE If you own land with important natural or historic resources, donating a voluntary conservation easement (also called conservation agreement) can be one of the smartest ways to conserve the land you love, while maintaining your private property rights and possibly realizing significant federal tax benefits. This brochure summarizes the conservation easement tax incentive and provides answers to some frequently asked questions. The incentive: • Raises the deduction a donor can take for donating a conservation easement from 30 percent of his or her income in any year to 50 percent; • Allows qualifying farmers and ranchers to deduct up to 100 percent of their income; and • Extends the carry-forward period for a donor to take tax deductions for a voluntary conservation agreement from 5 to 15 years. This is a powerful tool for allowing modest-income donors to receive greater credit for donating a very valuable conservation easement on property they own. For land trusts, this translates to the possibility of protecting much more land through the use of conservation easements. The changes apply to donations made at any time in 2015 and to all donations made after that. For the latest information, visit www.lta.org/tax-incentives. USING THE CONSERVATION TAX INCENTIVE In December of 2015 Congress made permanent a federal tax incentive for conservation easement donations that can help thousands of landowners conserve their land. USING THE CONSERVATION TAX INCENTIVE | 2LAND TRUST ALLIANCE A. WHAT IS A CONSERVATION EASEMENT? A conservation easement is a legal agreement between a landowner and a land trust or government agency, that permanently limits uses of the land in order to protect its con- servation values. It allows landowners to continue to own and use their land, and they can also sell it or pass it on to heirs. When you donate a conservation easement to a land trust, you give up some of the rights associated with the land. For example, you might give up the right to build additional structures, while retaining the right to grow crops. Future owners will also be bound by the easement’s terms. The land trust is responsible for making sure the easement’s terms are followed. Conservation easements offer great flexibility. An easement on property containing rare wildlife habitat might prohibit any development, for example, while an easement on a farm might allow continued farming and the addition of agricul- tural structures. An easement may apply to all or a portion of the property, and need not require public access. Qualifying For A Tax Deduction A landowner sometimes sells a conservation easement, but often easements are donated to a land trust. If the donation benefits the public by permanently protecting important conservation resources, and meets other federal tax code requirements, it can qualify as a tax-deductible charitable donation. Easement values vary greatly; in gen- eral, the highest easement values result from tracts of developable open space under intense development pres- sure. In some jurisdictions, placing an easement on your property may also result in property tax savings. To find a land trust near you to discuss your options, please visit www.findalandtrust.org. B. HOW DOES THE EXPANDED TAX INCENTIVE WORK? 1. Can you give me an example of the difference the tax incentive makes? Under the previous rules, a landowner earning $50,000 a year who donated a $1 million conservation easement could take a $15,000 deduction for the year of the dona- tion and for an additional 5 years—a total of $90,000 in tax deductions. FREQUENTLYASKED QUESTIONS The 2015 rules allow that landowner to deduct $25,000 for the year of the donation and then for an additional 15 years. That’s a total of $400,000 in deductions. If the landowner qualifies as a farmer or rancher, he or she could take a maxi- mum of $800,000 in deductions for the million dollar gift. 2. Can anyone deduct more than the value of his or her gift? One can never deduct more than the fair market value of the gift. This change simply allows landowners who previ- ously could not deduct the full value of their gift to deduct more of that value. 3. Who qualifies as a farmer or rancher? The 2015 law defines a farmer or rancher as someone who receives more than 50 percent of his or her gross income from “the trade or business of farming.” The law references Internal Revenue Code (IRC) 2032A(e)(5) to define activi- ties that count as farming. Specifically, those activities include: • cultivating the soil or raising or harvesting any agricul- tural or horticultural commodity (including the raising, shearing, feeding, caring for, training, and management of animals) on a farm; • handling, drying, packing, grading, or storing on a farm any agricultural or horticultural commodity in its unman- ufactured state, but only if the owner, tenant, or operator of the farm regularly produces more than one-half of the commodity so treated; and • the planting, cultivating, caring for, or cutting of trees, or the preparation (other than milling) of trees for market. For an easement to qualify for this special treatment, it must contain a restriction requiring that the land remain “available for agriculture.” The qualified farmer or rancher provision also applies to farmers who are organized as C corporations. Additionally, Alaska Native Corporations are eligible under the same terms as farmers or ranchers. IRS guidance on these parts of the law is available at www.lta.org/tax-incentives. 4. Do these changes apply to gifts of land? This expanded incentive does not apply to gifts of land in fee; it only applies to gifts that qualify under IRC 170(h)(2), Appendix E - Land trust alliance tax incentive brochure 173 USING THE CONSERVATION TAX INCENTIVE | 3LAND TRUST ALLIANCE such as conservation easements. A landowner consider- ing donating their land should consult with an attorney to determine whether they should consider changing the structure of their gift to take advantage of this 2015 incentive. 5. Does this incentive only apply to conservation easements? The expanded incentive applies to all donations covered in IRC section 170(h)(2), which includes donations of the entire interest of the donor other than a qualified mineral interest; a remainder interest; or a permanent conserva- tion or historic preservation easement. 6. What is the timeline for this expanded incentive? The incentive applies to all easements donated after December 31, 2014. 7. What other restrictions apply? Conservation easement donations are subject to the same restrictions as they were before. For example, easements must meet the “conservation purposes” test defined in the existing law; they cannot be donated as part of a “quid pro quo” agreement where the easement was given in exchange for something else, such as a building permit; and they must be donated to a qualified organization— a governmental unit or a publicly supported charity that has “a commitment to protect the conservation pur- poses of the donation, and…the resources to enforce the restrictions.” See www.lta.org/tax-incentives for the Treasury Regulations on conservation easement donations. 8. Will donors who use this provision be audited? Taking advantage of this 2015 law will not necessarily affect one’s likelihood of being audited. All donors should note, however, that the IRS does pay attention to high value donations of property—including donations of conservation easements. That makes it particularly important for donors and their advisors to know and follow the law; to utilize a reputable professional appraiser who has experience in the appraisal of conservation easements; and to donate to a well-established, reputable land trust that has adopted and implemented Land Trust Standards and Practices. C. OTHER RULES AFFECTING EASEMENT DONORS A 2006 law (PL109-280) redefines who is a “qualified appraiser,” so appraisers need to show donors that they are qualified under the law, which states that a qualified appraiser must “demonstrate verifiable education and experience in valuing the type of property subject to the appraisal.” The 2006 law also tightened the rules for easements on “certified historic structures.” If you are protecting a prop- erty that includes such a structure, a filing fee and specific appraisal requirements may apply to you. D. WHAT IS THE LAND TRUST’S ROLE? Potential easement donors should know that donating a permanent conservation easement is a big commitment requiring careful consideration and independent legal advice. Donating a conservation easement requires a working partnership with a land trust—and time for careful drafting of documents and maps, baseline documentation and a professional appraisal. Landowners should understand that a land trust may decline to accept a donation that does not meet both the legal requirements and the land trust’s own specific charitable mission and strategic plan. In addition, land trusts will want to see the appraisal before accepting your gift. LAND TRUST ALLIANCE ACKNOWLEDGEMENTS There are so many people to thank who were involved in this conservation tax incentive victory: One grand thank you from the Alliance goes out to all of you. We could not have done it without you. The Alliance has been leading a team effort to achieve this since 2000, when we convened land trust leaders from across the country to build a consensus on what tax policies would best address the need to expand our conservation work. This legislation would not have happened without the leadership of Senators Debbie Stabenow (MI) and Dean Heller (NV) and Representatives Mike Kelly (PA) and Mike Thompson (CA) and many of their colleagues. Land trusts worked hard to show these leaders that the conservation work of land trusts was important to their communities and broadly supported by their constituents. That work provided the foundation for this conservation tool. For the latest information visit www.lta.org/policy. The content in this document is for informational purposes only and should not be construed as legal advice. ABOUT THE ALLIANCE Founded in 1982, the Land Trust Alliance is a national conservation organization representing over 1,100 land trusts, and works to save the places people need and love by strengthening land conservation throughout America. Please visit our website at www.landtrustalliance.org for more information on: • Finding a local or regional land trust • The latest federal tax laws concerning conservation easement donations • Examples of how private landowners work with land trusts to protect their land • Publications and resources for landowners Cover photo: Harlen Persinger, photographer; page three, from left: Scott Bauer, USDA/ARS; Keith Weller, USDA/ARS; page four, from left: Teresa McCaffrey, courtesy of Montana Land Reliance; Tim McCabe, USDA/NRCS. USING THE CONSERVATION TAX INCENTIVE | 4 1660 L St. NW, Suite 1100 Washington, DC 20036 202.638.4725 www.landtrustalliance.org www.facebook.com/landtrustalliance www.twitter.com/ltalliance LAND TRUST ALLIANCE 174 PURPOSE OF THE GREENBELT TRAIL DEVELOPMENT CRITERIA AND STANDARDS The following development criteria and standards are meant to be basic guidelines for the design of recreational facilities, including Greenbelt parks, trails, and water access. Development and design standards allow for a unified common vision while maintaining consistency with existing trails and Greenbelt corridors within Denton County. Standards allow Greenbelt users to become familiar with specific aspects of the Greenbelt’s recreational opportunities and features, what types of facilities to anticipate, and where to locate informational kiosks or signage. GENERAL GREENBELT DESIGN AND DEVELOPMENT PRINCIPLES Realizing that the identified Greenbelt corridors span multiple jurisdictions within Denton County, each Greenbelt segment may have distinguishing features specific to the municipality where it falls on the map. Each city may have specific requirements for what is placed within its parks and recreation areas. However, there are some design standards that apply universally to these Greenbelt areas. The over arching design principals that should be incorporated into these Greenbelt corridors should include the following: •Simplicity: Create a Greenbelt network that is simple in design, implementation, maintenance, and use. •Consistency: The Greenbelt system should be consistent throughout the County. Individual municipalities are encouraged to incorporate their own unique feel for their specific Greenbelt segment. •Connectivity: The Greenbelt project is a way to connect cities within Denton County and provide alternative options for transportation between cities, as well as the enjoyment of nature and recreation. •Easy Access: Greenbelts must be easily accessible for pedestrians, cyclists, and equestrians. There should be entry points and parking areas along Greenbelt corridors and trail systems. Kayak/canoe put-in and take- out locations should also be located along corridors with water trails. Trails should be Americans with Disabilities Act (ADA) compliant, where applicable, to provide the same opportunities for everyone. •Visible Educational/Informational Signage and Markings: Designated Greenbelts and their paved, unpaved, and water trails should be clearly and simply marked. •Easy Maintenance: The Greenbelt should not be a burden on the County or municipality to maintain. Trails, parking areas, and water access points should be designed with low maintenance as a priority. •Tree Cover: Texas can be extremely warm during the summer months. Greenbelt alignments should include canopy cover to the extent practicable. •Destinations: Greenbelts should include “destinations” such as vistas, overlooks, lake and creek edge viewpoints, exercise opportunities or interpretive stations with information about the areas. Give the users a purpose for visiting the Greenbelt. 174 Appendix F - Greenbelt Trail Standards 175 The following will discuss specific trail elements and types, informational and educational signage, and maintenance concerns. For this planning effort, the trails are divided by their respective use: single-purpose trails, multi-purpose trails, equestrian trails, and water trails. GENERAL GREENBELT TRAIL DESIGN PRINCIPLES TRAILS AND TRAILHEADS Trailheads serve as access points, staging areas, and information stations for trail users. Requirements vary, depending on uses for individual trail segments, and their character. At a minimum, trailheads should have Americans with Disabilities Act (ADA) accessible parking stalls, adequate parking and way finding signage. Dependent on budget and land availability, trailheads can also include trail maps, interpretive signage, seating, shade, picnic tables, landscaping, lighting, bike racks, drinking fountains and rest room facilities. Trailhead signage should inform potential trail users of the length and complexity of the trail. Surface materials, accessible routes, points of interest and trail features should be identified on maps and signage. Connections between trail and trailhead should be clear and obvious. Trailhead signs should be readily observable and clearly identify the start of the trail. When designing Greenbelt Trails special consideration should be given to drainage featutres: • Do not put trails in backslope drainage areas. • Maintains conveyance in the backslope swale if the trail crosses a backslope swale. • Design Trail such that water does not pond adjacent to the trail from local runoff. • Design slope of trail such that runoff from the trail system drains away from the adjacent river, stream, creek or other aquatic features.175 SINGLE-PURPOSE TRAILS AND TRAILHEADS Single-purpose trails are typically utilized by nature observers and walkers. Single-purpose trails can also be designated for a specific specialty use such as off-road cycling trails. These types of trails may not necessarily be defined or marked trails. Where the trail system is defined, the surface is typically natural and comprised of native soils, mulches, or stone. In higher volume single-purpose trails, asphalt surfaces may be used that transition to natural trail materials further from the trailhead. These trails are typically no wider than four to six feet, as illustrated in Figure 18. In planning a single-purpose trail, it is recommended that a portion of the trail be ADA accessible. Single- purpose trails allow great opportunities to bring users into natural areas with minimized construction impacts to native vegetation. Single-purpose trailheads should have parking for cars and trucks. Informational signage should be included to define the start of the trail and inform trail users to the width, surface, and accessibility of the trail. Typical Single-Use Path: •4 - 6’ Wide •Natural Surface Material •Brings users into natural areas with minimized construction impacts. •ADA Accessible Portions Can Include User Amenities: •Benches •Viewing Areas •Interpretive Signage •Picnic Tables 176Single-Use Trail Typical Section Can Include User Amenities: •Benches •Viewing Areas •Interpretive Signage •Picnic Tables 177Multi-Use Trail Typical Section Typical Multi-Use Path •Accomodates a Multitude of Users & Trail Related Activities •Minimum 10’ Wide •Hard Surface - Typically Concrete •ADA Accessible •Centerline Striping Can Include User Amenities: •Benches •Viewing Areas •Interpretive Signage •Picnic Tables MULTI-PURPOSE TRAILS AND TRAILHEADS Multi-purpose trails tend to be high use trails that deserve special design attention. It is recommended, when possible, that trails be designed in accordance with the most current American Association of State Highway Transportation Officials (AASHTO) Guide for Development of Bicycle Facilities. Trail safety and directional signage should be universal and therefore should conform to AASHTO’s most current Manual on Uniform Traffic Control Devices (MUTCD) Regulatory Signage and Way finding. Multi-purpose trails should be hard, smooth, and durable so that they can be utilized by walkers, cyclists, in-line skaters, baby strollers, dog walkers, handicapped, and a multitude of other users. Therefore, multi- purpose trail surfaces typically include concrete or asphalt surfaces. High volume trail segments will also require a center stripe to keep traffic flow in one direction on both sides. Listed to the right is a compilation of recommendations used in developing the trail alignment and Figure 19 illustrates a typical cross section. The following page includes a detailed summary of multi-use trail design guidelines. 177 Can Include User Amenities: •Benches •Viewing Areas •Interpretive Signage •Picnic Tables Vertical Clearance •AASHTO desirable above trail vertical clearance is 10’ and the minimum above trail vertical is 8’. This references anything that is over the trail such as bridges, signage and tree limbs. 178 Sight Distance •Centerline striping must be used for heavy volume or limited site distance constrains. •AASHTO requires, based on a maximum grade of 5% and a design speed of 20 mph, the minimum ascending stopping sight distance to be 120’ and 140’ when descending. Lean Angle •AASHTO desirable minimum radius for paved shared-use paths, based on a 15% lean angle and 20 mph design speed is 100’ the allowable minimum radius is 90’. To fit trails in with existing topography and preserve native vegetation the design speed can be reduced if the project is not funded by a federal source such as TXDOT. •AASHTO recommends increasing the path width and utilizing centerline striping on the path if the 20% lean angle is utilized. •AASHTO recommends that MUTCD standard curve warning signs and supplemental pavements markings should be installed when site conditions require a smaller radius. Safety •AASHTO recommends MUTCD signage at trail / roadway crossings, which include stop signs an stop bars. •Curb ramps shall be the width of the trail. •A 4” wide line down the center of the path shall be used to divide the 2 lanes. •Lighting along trails for nighttime use and in tunnels / underpasses. •Use a 42” tall safety railing where the grade different adjacent to the trail is 30” or greater or where a 5’ shoulder adjacent to parallel hazards and water bodies is not achievable. •AASHTO recommends a 6” rub rail located 36” above the trail surface. •UBC requires that a 4” sphere cannot be passed between safety railing openings. Design Speed •Design speed is related to the site and dependent upon condition, location, grade and number of users along the path. •Current AASHTO guidelines recommend for a design speed of 20 MPH. •TXDOT has a policy that, where federal funds are utilized for trail construc- tion, a minimum design speed of 20 mph is required. •Where grades of 4% or greater exist, a 30 mph design speed is recommended by AASHTO. •AASHTO requires the minimum path radius be used to determine the design speed. Trail use Etiquette •Travel on the Right. •Pass on the Left. •Use Audible Instructions as Passing •Integrate MUTCD Signage •Provide courtesy trail etiquette reminders at trailheads Trail Width •Average Use Trails – AASHTO urban minimum width for two-directional shared use path is 10’ with a minimum level 2’ should area of recovery. •Heavy Use Trails – AASHTO urban preferred width for a two-directional shared use path is 12’-14’ with a minimum level 2’ shoulder area of recovery. •Heavy Use Trails are defined as more than 300 total users per peak hour. •AASHTO suggest a 5’ minimum level shoulder adjacent to parallel water and steep slopes greater than 3:1. Where this is not feasible, a 42” tall safety railing is recommended. •Multi-Use Trail width must accommodate emergency and maintenance Surface •A hard all-weather surface, preferably concrete. •Trail surface thickness must be designed to accommodate emergency and maintenance vehicles. •Can connect to soft surface accessory paths. •Bridge decks must have non-slip surface expansion joints that will not cause a hazard to users. •ADA requires the cross slope of accessible pedestrian routes to not exceed 2%. Due to highly expansive soils in the County, a 1.5% maximum cross slope is recommended. Vertical Clearance •AASHTO desirable above trail vertical clearance is 10’ and the minimum above trail vertical is 8’. This references anything that is over the trail such as bridges, signage and tree limbs. 179 EQUESTRIAN TRAIL AND TRAILHEADS Equestrian trails are intended to accommodate equestrians and their horses. They are always unpaved, soft trail surfaces. Although they can serve as an alternative path for pedestrians, it is preferred that multi-use paths that accommodate cyclists be separate from equestrian trails. Desired facilities at equestrian trailheads include loading/unloading platforms, ramps, tie-up areas, access to fresh water, and corrals, if necessary. Signage should clearly indicate trailheads that accommodate equestrian use. Where applicable, equestrian trails should maintain a large separation (150 feet) from multi-purpose trails to avoid conflicts with other trail users. Special considerations should be paid to underpasses and bridges. Any trail encountering an underpass or bridge should be a minimum of 12 feet below the underpass or bridge. This would allow for a rider on horseback to pass through the area without dismounting. In areas where a bridge or underpass is encountered and the trail is less than 12 feet below the structure, mounting/dismounting blocks should be included to provide a safe place to disembark. Similar to the multi-purpose trailhead, equestrian trailheads require parking in close proximity to the trailhead. Pull through parking is preferred to accommodate trucks and horse trailers. 179 WATER TRAILHEADS AND PORTAGES Water trailheads also have similar requirements to multi-purpose trailheads, with the additional need for parking in close proximity to well-designed put-ins and take-outs. Parking lots at water trailheads should be large enough to facilitate the ease of launching a specific type of watercraft, but will be limited by the site constraints at individual locations. Portages are a combination of put-ins and take-outs that allow water trail users to safely avoid hazards in waterways (such as in-channel dams) by allowing the user to exit the water upstream of the hazard and re-enter the water downstream of the hazard. According to the National Park Service’s Logical Lasting Launches: Design Guidance for Canoe and Kayak Launches,34 effective portages should include but are not limited to the following: •Well marked signage to allow sufficient time for paddlers to reach shore; •A path at least 2 to 4 feet around the hazard with a slope no steeper than 1:3 (ADA accessible portages cannot have slopes exceeding 1:12); •At least 8 feet of overhead clearance on the path and at least 4 to 8 feet of clearance on either side; •A route that minimizes the distance water users must carry their watercraft; •Portage locations on quiescent water; and •An escape portage exit location in case the water user misses the preferred take-out location. “Texas law supports the principle that when a person floating a navigable stream encounters an obstruction like a log jam or a dam, or some other potential safety hazard, the navigator has a limited privilege to go onto adjoining private land to scout and if necessary make a safe, reasonable portage.” 180 34 http://www.nps.gov/ncrc/programs/rtca/helpfultools/launchguide.pdf accessed December 3, 2015. 181 TRAIL ENTRY BARRIERS Motorized vehicles of any kind should not be allowed on any trail with the exception of authorized maintenance vehicles. Gates and special barriers (such as bollards) may be required at trailheads to prevent unauthorized motorized vehicles from entering the trail. TRAIL ACCESS POINTS Trail access points provide small-scale local access to selected Greenbelt corridors. Usually, these trail access points are located within residential neighborhoods, mixed use areas, or commercial or industrial locations. Facilities at trail access points are simple, basic, and usually only include access via a path, sidewalk, or ramp. At times, an entry barrier may be required to prevent unauthorized motorized vehicles from accessing the trail. Signage should be included at trail access points to identify preferred access locations. BRIDGES Bridges are utilized to provide trail users passage above streams, creeks and significant topograhic grade differences. Bridges should be designed to withstand flooding and support the weight of emergency access and maintenance vehicles. GREENBELT CORRIDOR AMENITIES LIGHTING Improperly designed and unnecessary lighting contributes to light pollution, creates undesirable impacts to wildlife, and detracts from the natural quality of the Greenbelt corridor. Thus, lighting of any Greenbelt corridor should be limited to urban areas, developed parks and recreation facilities, at trailheads where applicable, along underpasses, and along high-volume trails. SITE FURNISHINGS The Greenbelt corridors span multiple municipalities and unincorporated areas of Denton County, traversing a broad spectrum of terrain. Areas identified for Greenbelt preservation may be urbanized or urbanizing, whereas other areas may be rural. Site furnishings located within certain Greenbelt segments should fit with the immediate surroundings. In urban locations or where Greenbelts encounter existing parks, site furnishings such as benches, lighting, and trash receptacles may be more formal, composed of high quality materials. Established municipalities have furnishing standards that they incorporate into their park and recreational areas. It is dependent upon each municipality to determine which furnishings are included within its Greenbelt corridors and the frequency of those furnishings. REST AREAS AND VIEWING SITES Rest areas should be located in shaded locations or in areas that offer special beauty or unique viewing opportunities. Furnishings located within rest and viewing areas should be composed of materials applicable to the surroundings. SIGNAGE Signage falls into two categories: Safety and Wayfinding. To establish unified safety visual cues within Denton County, safety signage should conform to the Manual on Uniform Traffic Control Device Standards (MUTCD). Wayfinding signage should have a cohesive design pallete that identifies the span of Greenbelt it serves. Wayfinding Signage along a Greenbelt could include the following types of signs: 182Example of Typical Greenbelt Wayfinding. Signage should be cohesive for the section of Greenbelt it pertains to. Typical Types of Wayfinding Signs Informational / Interpretive Sign Vehicular Location Sign Pedestrian Location Sign Mile Marker Sign Directional Sign 183 MAINTENANCE For successful trail assets, proper trail maintenance must be provided or the functionality of the facility is negatively impacted. Maintenance can be as simple as keeping trash bags emptied and dog waste station bags refilled to intensive maintenance with mowing and vegetation management. Maintenance is typically the responsibility of each jurisdiction along the trail corridor. In trails that cross multiple jurisdictions, opportunities may exist for partnerships to perform the necessary maintenance functions. VEGETATION MOWING Mowing of a two-foot wide strip along the edge of a multi-use trail is recommended. This maintenance edge helps eliminate vegetation and debris from covering the trail surface and improves trail safety. Nature paths do not require regular mowing but periodic maintenance should be done to keep paths clear. VANDALISM Vandalism negatively impacts the user’s experience along Greenbelts. Any vandalism or graffiti should be repaired or removed from the trail system or park assets. The responsibility for maintenance of vandalism is the jurisdiction where the asset is located. TRAIL SURFACING AND REPAIR Over time, trail surfaces will require repair. Trail surfaces and repairs are the responsibility of the jurisdiction where the trail asset is located. TRASH AND DEBRIS REMOVAL Trash and debris are not only unsightly and distract from the enjoyment of an important natural and recreational resource, often create conditions that are unsafe for patrons of Greenbelts and the wildlife that live in the greenspace. Trail signs should encourage “keep the trails litter free.” While each jurisdiction is responsible for trash and debris removal, available resources for removal are often taxed or non-existent. In cases where maintenance budgets are inadequate, opportunities to cooperate with local organizations, such as Keep Lewisville Beautiful, or service groups, such as Adopt-a-Stream, are viable and useful ways to provide periodic and consistent clean-ups, and at the same time build relationships and provide positive community interaction. At a minimum, these groups could provide bi-annual volunteer clean-ups. These clean-ups could span multiple jurisdictions for the longer stream segments identified in the plan. 184 Conservation development, or cluster development, is a method of developing land for housing in a way that preserves open space in perpetuity. This type of development involves building homes in groups with smaller lot sizes while protecting natural features and open space for use by residents. Conservation developments typically have economic benefits to the homeowner, developer, and the local government. Homes in these types of developments are likely to sell for a higher price, and a lower cost to develop infrastructure and provide community services. Examples of conservation developments can be found in the western areas of the Town of Flower Mound as part of the Cross Timbers Conservation Development District. More information can be found in the booklet Conservation Development in Texas, produced by the Lady Bird Johnson Wildflower Center which is included in this Appendix. Appendix G - Conservation Development and Strategies 185 CONSERVATION DEVELOPMENT IN TEXAS Credits Editor: Danielle Pieranunzi Contributors: Heather Venhaus, Steve Windhager, Saralee Tiede Design: Betsy Woldman Design - www.woldmandesign.com Produced by The Lady Bird Johnson Wildflower Center, 2006 The Lady Bird Johnson Wildflower Center is committed to protecting and restoring healthy regional landscapes. Our mission is to increase the sustainable use and conservation of native wildflowers, plants and landscapes. With population growth threatening wildlife and water resources, Texas has much to gain from the increased use of the conservation development concept. Conservation subdivisions are a way to protect the rural heritage of Texas while expanding land development practices to incorporate the principles of regional identity, land conser- vation and land stewardship. As our founder, Lady Bird Johnson, said, “I like it when the land speaks its own language in its own regional accent.” We hope to encourage further discussion about how conservation development principles can be applied to benefit both people and our environment. Above: The Woodson Place / Photo by Gary McCoy (www.garymccoy.com) Cover photos: top - Jackson Meadow / Photo by Peter Bastianelli Kerze; bottom - The Woodson Place / Photo by Gary McCoy (www.garymccoy.com) 186 What is conservation development? Conservation development is a method of developing land for housing in a way that preserves open space for future generations. Typically, it involves building homes in groups with smaller lot sizes, protecting natural features and open space for use by all the residents. The Lady Bird Johnson Wildflower Center defines conservation development as a development that seeks to reduce its ecological footprint by preserving significant, contiguous open spaces amid groups of clustered homes and supporting the sustainable use of invaluable resources. Why is it important? Urban sprawl is a fact of life for most Texas cities. The wide open spaces are fast disappearing to development, most of it for residential housing. The American Farmland Trust reported in 2002 that the United States was losing two acres of mostly prime farmland every minute to development. The same report estimated a loss of 6 million acres of farmland between 1992 and 1997 due to sprawl. In Texas, the loss during that period was approximately 332,800 acres of quality farmland -- a 42 percent increase in rate of loss over the previous five years and more than any other state during that period. Most of those losses occurred in the Texas Blackland Prairie around Austin, Waco and Dallas-Fort Worth and in the Lower Rio Grande Plain. 1 Conservation development— a way to show that humans can work with the rest of nature Jackson Meadow Photo by Peter Bastianelli Kerze 31632_Text1 8/16/06 11:59 AM Page 1 2 Development on the urban fringe is the conventional response to popula- tion growth and the migration from country to cities that has been under- way for the past century. Unfortunately, it destroys habitat for wildlife, threatens water quality, strains water resources and, too often, does not produce the quality of life that homeowners expect. Conservation development offers a wonderful opportunity to celebrate the land’s regional character. Whether hill country, prairie or coastal plain, this approach to land development is appro- priate because it preserves the unique local flora and fauna. Conservation development is a way to show that humans can work with the rest of nature to achieve their own goals without compromising a healthy ecology. Conservation development balances the demands of a growing population with the need to conserve natural resources. In addition, the adjacent open space increases the value of the homes and the tax revenue from the property. The heritage of rural Texas and its unique regional identity is preserved along with critical water resources and habitat. The economics of open space Open space has a value to the homeowner, to the real estate developer and to local governments that rely on property tax revenue. Studies have shown that prospective buyers are willing to pay a premium for homes near open space -- one of the benefits of conservation subdivisions. The land value of property near open space is likely to appreciate more than conventional subdivisions, helping ensure a growing tax base for local gov- ernments. For decades we have assumed that residential development is the highest and best use of land because of the higher tax revenue that results. That Prairie Crossing Courtesy of Prairie Crossing 31632_Text1 8/16/06 11:59 AM Page 2 187 assumption is disputed by Texas A&M Professor John L. Crompton’s analysis of parkland value in 2000. Crompton tested the proximate principle which holds that parkland increases the land value of nearby homes, generating additional tax revenue. He determined that, in general, there is a positive impact of 20 percent on property values adjacent to parks. A similar 2004 study of housing values in two Georgia counties near Atlanta also found that values were higher near pine forests and large pastures. Other studies show the value of open space. See www.wildflower.org. The bottom line for developers In the highly competitive world of real estate development, there is a constant quest for the amenities that will entice buyers into paying more for their homes. One of those tried and true benefits is open space, whether it is unimproved parkland or hike and bike trails. Homes in conser- vation developments come with built-in sales points -- scenery, open space, recreation as well as the appeal to a sense of environmental responsibility. Small wonder these homes sell faster. Conservation development allows the builder to construct higher priced homes while paying less for infrastructure. Since the homes are grouped together, there is less cost to build- ing the necessary streets and laying pipelines and con- duits for water, wastewater and electricity. Central Texas developer Terry Mitchell estimates that infrastructure costs for one project with significant open space and clustered housing will be up to 30 percent less than for a conventional subdivision. Another important sales point is the way such homes appreciate over time. The University of Massachusetts looked at two subdi- visions near Amherst built in the 1960s with similar style homes and selling prices. One subdivision used conservation design principles and preserved woodlands, meadows and recreation facilities; the other, conventional. In 1968, the homes in the conservation subdivision sold for $600 more but by 1989, they sold for an average of $17,000 more. Similarly, a conservation subdivision near Concord called Meriam’s Close was built in 1989 with 86 3 Buyers are willing to spend more for homes near open space. 31632_Text1 8/16/06 11:59 AM Page 3 percent of its acreage set aside for recreation and natural areas. In an analy- sis of sales between 1980 and 1988, the Meriam’s Close homes appreciated at an average annual rate of 21.4 percent compared to 18.4 percent for other homes in the area. They sold for a premium of $115,000 in 1988, even though their lots were only one-fifth the size of other homes in Concord. The bottom line for local government From the point of view of local elected officials, residential development can cost more than it returns in tax dollars. Cost of community services (COCS) studies look at the cost of providing services such as roads, schools and police and fire protection to various types of land uses -- residential, commercial/industrial and farm/forest/open space. A recent COCS study in Hays County, Texas, revealed that residential development cost the county $1.26 for each $1 collected in tax revenue. Similar studies of 71 municipalities across the United States showed that the average cost of service per dollar of tax revenue was $1.22 for residen- tial areas, but only 38 cents for farm/forest and open space. Conservation developments are less expensive to serve than conventional residential developments because homes and infrastructure are clustered. There are other savings resulting from trails and open space, according to a 1995 study by the National Park Service: •When sensitive areas like steep hillsides are protected from develop- ment, damage from flooding and landslides and the resulting expense to local governments is much less. 4 Courtesy of Prairie Crossing 31632_Text1 8/16/06 11:59 AM Page 4 188 •Wetlands and open space are natural water filtration systems, often preventing or lessening the severity of costly floods. •Trees and plants control air pollution by absorbing air pollutants and releasing oxygen. •Trails and green belts provide healthy recreation opportunities that keep people fit and combat obesity. The Center for Disease Control estimates that health care costs attributable to obesity were more than $78 billion in 1998. Even better, developers using conservation design principles provide open space at no public cost, lessening the pressure on elected officials to buy and maintain public parks. The value of a healthy ecology Increasingly, people recognize the importance of clean air, clean water and a healthy environment and are willing to pay for it. As more land is paved for development, stormwater runoff with all the accompanying pollutants can contaminate streams and underground water supplies. That is why the cities of San Antonio and Austin have spent more than $243 million on land acquisition in recent years to protect the quality and quantity of their drinking water. Both cities depend on the Edwards Aquifer for drink- ing water, and the aquifer is particularly sensitive to contamination from roads and parking lots because runoff may drain directly into the aquifer. Between 2000 and 2005, voters in San Antonio approved $155 million in land purchase bonds while Austin voters endorsed $88 million for the same purpose. Not surprisingly, pollution diminishes property val- ues. A University of Maryland study of the value of Chesapeake Bay water- front homes determined that homeowners were willing to pay for improved water quality. The study estimated that if the fecal coliform bac- teria count in the bay were lower by 100 counts per 100 milliliters, it would raise the value of the homes by 2 percent. 5 The average cost of services per dollar of taxes was $1.22 for residential but only 38 cents for open space.Courtesy of Prairie Crossing 31632_Text1 8/16/06 11:59 AM Page 5 What are the risks? For developers, profitability lies in building enough houses to recover the substantial fixed costs necessary to buy the land, bring in utilities and construct roads and other amenities as well as the cost of building each house. To achieve this, a conservation development will often have the same number of houses (density neutral) as a conventional subdivision, but they will be arranged in higher-density groups, leaving other parts of the land entirely open. For environmentalists and critics of urban sprawl, conservation develop- ment does not solve all of the problems created by growth. It may even encourage long commutes not only to work but also to shops, schools and restaurants since conservation subdivisions do not typically include mixed- use development -- most are not large enough to support it. Proponents of affordable housing argue that the premium prices of homes in conserva- tion developments make them too costly for lower- income people. They argue that close in, high-den- sity, mixed-use neighborhoods are a better alterna- tive. For these reasons, conservation development may not be the right solution in every case. But, for many rural and suburban areas quickly developing into bedroom communities for nearby cities, this is an exciting and innovative approach to land and community development, one that is economically and environmentally viable for developers, local governments and homeowners. 6 Photo by Peter Bastianelli KerzeCourtesy of the Lady Bird Johnson Wildflower Center 31632_Text1 8/16/06 11:59 AM Page 6 189 Do counties have authority to encourage conservation development? In Texas, home-rule cities have comprehensive zoning authority and can regulate most aspects of development. However, most conservation devel- opment takes place beyond city limits because it requires the large tracts of undeveloped land usually located outside incorporated areas. Therefore, the key question is whether counties, with regulatory authority defined by state law, can enact the ordinances that permit and encourage conserva- tion development. Many county officials believe they lack authority to regulate land use or development in any way. However, options do exist to encourage conservation subdivision development. Senate Bill 873, enacted in 2001, gives 30 counties adja- cent to major metropolitan areas and along the Mexico border authority to regulate such subdivision features as right-of-way, major thoroughfares, minimum lot frontages, reasonable setbacks and developer partici- pating contracts as needed to promote health, safety, morals and the general welfare of the county. This important legislation gives these counties some parity with home-rule cities in regulating growth within their boundaries. While there are limits on what counties can regulate -- zoning, height or bulk of buildings and density limitations are specifically prohibited -- those 7 Options exist to encourage conservation development in Texas. Jackson Meadow Photo by Peter Bastianelli Kerze 31632_Text1 8/16/06 11:59 AM Page 7 30 counties now possess the ordinance making tools necessary to encourage conservation development. At issue has been the different interpretations of the powers conferred by S.B. 873. Some coun- ties have been fairly aggressive in interpreting it broadly. Travis County, for example, requires developers to dedicate a certain portion of land for parks or pay fees to the county in lieu of estab- lishing parkland as a condition of plat approvals. In addition, Travis County mandated that floodplains be left in their natural state. One feature of conservation developments is roads that are narrower than those in conventional tracts, reducing runoff and requiring less infrastruc- ture. This feature often runs afoul of street width requirements set by counties. Conservation development frequently takes place under the guidance of local ordinances that set certain requirements -- generally the preservation of 40 to 60 percent of a parcel of land as open space. Travis County is now considering a conservation development ordinance that would create a voluntary option to conventional subdivisions, including a provision for narrower roads that would not require the developer of a conservation development ordinance to obtain a variance. Aside from county ordinance-making authority, any county in Texas can enable a Planned Unit Development (PUD) provision or a development agreement between local governments and developers interested in conservation subdivisions. Given the economic benefits for developers, it is likely that many would take advantage of this alternative if it were avail- able and the risk of regulatory delay was reduced. 8 The Fields of St. Croix Robert Engstrom (photographer and developer)Courtesyof Prairie Crossing31632_Text1 8/16/06 11:59 AM Page 8 190 99 What are the criteria for a conservation development? Ecological analysis The first step in planning a conservation subdivision should be a thorough ecological assessment. This will provide the informa- tion needed about the features that should be preserved as open space. The assessment should identify such sensitive environmental features as wildlife habitat, sensitive and valuable ecosystems, waterways, steep slopes and viewsheds as well as other areas that have ecological and cultural value, such as prairies or agricultural land. Open space The goal of conservation development regulations should be the preservation of open space. Between 40 and 60 percent of the parcel's gross area is a reasonable proportion of open space, with not more than half of the preserved lands being drawn from unbuildable land (primary conservation areas). Unbuildable lands include buffer zones around waters mandated by the Clean Water Act, slopes greater than 25 percent or 100- year flood plains. Open space should be contiguous and, if possible, linked to other protected lands to connect wildlife corridors, preserve water resources and provide opportunities for trail systems. Active recreation facilities within the open space, such as ball fields, should be limited to 25 percent of the total because of high water use, intensive use of non-native grasses and minimal ecological value. The goal of conservation development regulations should be to preserve open space. Prairie Crossing Courtesy of Prairie Crossing 31632_Text1 8/16/06 11:59 AM Page 9 How do I do a conservation development? Where do I begin? First, it is important to contact a local conservation organization such as the Texas Land Trust Council (www.texaslandtrusts.org) for information on conservation easements. Some environmental organizations can also recommend appropriate developers, builders, land planners and consultants. Next, contact your local city or county government for information on incentives and regulations. What are the steps to designing a conservation development? The concept of conservation development has been widely discussed for at least a decade. Randall Arendt, a land-use planner, author and lecturer, pioneered in bring- ing the benefits of conservation development to the attention of communities, government officials and developers in the early 1990s. In his 1996 book, Conservation Design For Subdivisions: A Practical Guide To Creating Open Space Networks,Arendt lays out a four-step process for design and development of an actual site. 1. Identifying land that should be per- manently protected This consists of the Primary Conservation Areas (unbuildable wetlands, floodplains and steep slopes). Add these areas to the Secondary Conservation Areas Site Before Development 10 Site Identifying Primary Conservation Areas 31632_Text1 8/16/06 11:59 AM Page 10 191 that can include land that is most sensitive environmen- tally, most significant histori- cally or culturally, most sce- nic or which possess unusual or rare attributes. 2. Locating the sites of individual houses Maximize the number of “view lots”. Locate home sites within convenient walking distance from open space and other houses in subdivi- sion. 3. Designing street and trail alignments Avoid crossing wetlands and minimize the length (and cost) of the access roads. Narrow streets with fewer long, straight segments will slow traffic and create a more rural feel. Connect streets and avoid dead-ends. 4. Drawing in lot lines Different options for set- backs, lot width and depth are available depending on density levels, average street traffic, proximity to open space and other site attributes. 11 Site Identifying Potential Development Zone After Excluding Secondary Conservation Areas Site With Conservation Design Site With Conventional Design Drawings: Randall Arendt, Conservation Design for Subdivisions: A Practical Guide to Creating Open Space Networks (Island Press, 1996) far left - pages 59, 60, 62; this page - pages 63,64,68. 31632_Text1 8/16/06 11:59 AM Page 11 Viewshed and cultural resource protection Open space should provide protection for scenic views, which typically requires a ban on ridgeline con- struction and care in designing roads. The National Scenic Byways Program provides guidelines for preserving views. Conservation developments can preserve rural regional character by including working farms and ranches. Native landscaping and land restoration Conservation subdivisions should be landscaped with native plants that are compatible with the ecol- ogy and regional character of the area. This will allow the open space to resemble as closely as possible the natural state of the land prior to European settlement and reduces the ecological risks caused by invasive species. Density and lot size In most areas of the country, maximum density depends on local zoning. Most conservation development ordi- nances allow smaller lot sizes than those in conventional developments so open space can be preserved without reducing the number of lots. In Texas, where counties have no zoning authority, density and minimum lot size are constrained by the land's physi- cal limitations or the area needed for septic systems and water wells. The number of lots may need to be limited to protect water and other resources, but, if density is too low, it becomes economically infeasible for a developer. To be successful, conservation development must balance environmental needs with the developer’s need for profit. Impervious cover Total impervious cover in a conservation subdivision should be limited to 15 to 25 percent of the gross site acreage because roads and structures prevent rainwater from recharging aquifers and can increase the risk of floods. A limitation on impervious cover reduces the overall human footprint on the environment. Texas counties may currently have the authority to regulate impervious cover based on state flood pro- tection statutes. Narrow roads Relatively narrow roadways are another important feature of conservation development. These subdivisions are typically built in more 12 Conservation development must balance environmental needs with the need for profit. 31632_Text1 8/16/06 11:59 AM Page 12 192 rural areas with less traffic, so wide streets are often unnecessary. Narrower roads can slow traffic, increase safety, limit impervious cover, protect water resources and reduce infrastructure costs. Currently, Texas law requires minimum road widths in unincorporated areas that regulate subdivisions. These provisions can inhibit the development of conservation subdivisions, but there are alternatives: 1. Amend state law to give counties more flexibility in regulating road widths. 2. Allow counties affected by S.B. 873 to amend subdivision regula- tions to permit narrow roads, a process currently underway in Travis County. 3. Use flood protection statutes to adopt ordinances allowing narrow roads. Green Building Standards Buildings within conservation subdivisions should use appropriate building materials and be constructed to operate with maximum possible efficiency. For example, Woodson Place in north Texas follows Austin’s Green Building standards. Developers should look for local standards, or contact the U.S. Green Building Council. Following green building guidelines can serve as a marketing tool for prospective buyers interested in a home that conserves water, energy and other resources. Utilities Conservation subdi- visions take advantage of water conservation measures, such as rainwater harvesting, gray water re-use (water from bathroom sinks, showers and washing machines used for irrigation) and reduced-flow toilets. 13 Prairie CrossingCourtesy of Prairie Crossing31632_Text1 8/16/06 11:59 AM Page 13 Long-term maintenance of open space Before construction, an agree- ment should be reached establishing the terms necessary to maintain the open space in perpetuity. Conservation easements are a time-tested, secure and frequently-used tool to protect land. Most conservation subdivision ordinances permit several options for ownership of open space, including a homeowners association, government agency, a non-profit conservation organization or a land trust. Land trusts are often the most appropriate entity to manage open space due to their experience in land stewardship and monitoring and their commitment to conservation. The agreement should also identify a funding source. How can my community best support and promote the conservation development approach? A voluntary alternative Conservation development should be established in local regulations as a by-right voluntary alternative to conventional sub- divisions. This would allow conservation development to proceed without review by local elected officials and does not replace conventional develop- ment as a practice mandated by law. Minimum parcel size In the absence of a county conservation plan, there should be a minimum parcel size of 25 acres for conservation subdivisions to realize the ecological benefits of open space. It is difficult on smaller parcels to preserve the land needed for habitat corridors and water resource protec- tion. However, because topographical features vary, there may be critical environmental features on smaller sites that make a conservation subdivision feasible. Also, sites smaller than 25 acres should be considered when the preserved land would be contiguous with open space on adjacent proper- ties. 14 Prairie Crossing Courtesy of Prairie Crossing31632_Text1 8/16/06 11:59 AM Page 14 193 Arendt’s book, Growing Greener: Putting Conservation into Local Plans and Ordinances,provides a guide for municipalities to achieving successful conservation subdivisions. It is impor- tant to first conduct a community assessment of development trends to determine the long-term results of existing ordinance provisions. With that information, a map of potential conservation lands can be prepared to guide decisions that could preserve an interconnected open space network. A preferable approach is to adopt conservation development regulations as a voluntary choice for developers. There is no universal approach to con- servation development. Policy makers should consider legal, environmental and geographic conditions unique to their jurisdictions in creating a regula- tory framework that encourages con- servation development. The primary feature of existing ordinances is a requirement that some percentage of the parcel to be developed be pre- served as open space. Most ordinances also regulate density, lot size and other factors, with one essential purpose being clustering homes to pre- serve open space. Examples of conservation development ordinances Model ordinances developed by state and regional planning agencies have helped guide many local government agencies. The tables on the Wildflower Center’s Conservation Development webpage (www.wild- flower.org) summarize six model ordinances and four ordinances actually adopted by local governments. These tables include the Open Space Development model ordinance developed by the U.S. Environmental Protection Agency (EPA), useful as a model for any community, as well as statewide models from Wisconsin, Minnesota and Georgia. 15 Key Issues in Drafting the Travis County Conservation Development Ordinance (Joe L. Lessard, Consultant for Travis County) 1. Desirability of By-Right provisions 2. Application of ordinance to commercial development 3. Desirability of sustainable development provisions 4. Financial and process incen- tives and their application to potential land uses 31632_Text1 8/16/06 11:59 AM Page 15 16 Where is this happening? Examples of developments using conservation design principles Jackson Meadow Marine on St. Croix, MN www.jacksonmeadow.com Hidden Creek at the Darby Columbus, OH www.hiddencreekdarby.com Prairie Crossing Grayslake, IL www.prairiecrossing.com Santa Lucia Preserve Monterey County, CA www.santaluciapreserve.com Serenbe Fulton County, GA www.serenbecommunity.com Sugar Creek Preserve Walworth County, WI www.sugarcreekpreserve.com The Fields of St. Croix Lake Elmo, MN www.engstromco.com/prev_fields The Woodson Place Rains County, TX www.woodsonplace.com Tryon Farm Michigan City, IN www.tryonfarm.com For more information on these subdivisions, please visit www.wildflower.org Courtesy of the Lady Bird Johnson Wildflower Center 31632_Text1 8/16/06 11:59 AM Page 16 194 Sponsors Land Planning Sponsor BOSSE & TURNER ASSOCIATES, INC. 606 Blanco St Austin, Texas 78703 www.btaustin.com (512) 472-7332 Contact: Don Bosse (dbosse@btaustin.com) Bosse & Turner Associates offers professional design services in conservation planning, both town and neighborhood planning, urban design and landscape architecture. For the past 10 years, Bosse & Turner Associates has actively developed innovative and practical methods of applying core design principles to private and public clients. Landscape Architecture Sponsor HALFF ASSOCIATES 8616 Northwest Plaza Drive Dallas, Texas 75225 Contact: Francois de Kock, RLA, LEED AP (fdekock@halff.com) (214) 346-6243 Contact (Austin): Jim Carrillo (jcarrillo@halff.com) Halff Associates is a full-service firm covering all aspects of conservation development from planning to implementation including planning, landscape architecture, habitat assessment and permitting, wetland delineation, land development, architecture and civil engineering, as well as LEED design services. Environmental Consultant Sponsor LOOMIS AUSTIN 3103 Bee Caves Road, Suite 225 Austin, Texas 78746 (512) 327-1180 www.loomisaustin.com Contact: Clif Ladd, Senior Biologist, C.W.B. (clad@loomisaustin.com) Loomis Austin, Inc. (LAI), established in 1993 and headquartered in Austin is a multi-disci- plinary civil engineering, land surveying and environmental sciences firm with strong technical divisions in the areas of hydrologic and hydraulic engineering, land and hydro- graphic surveying, environmental science, water and wastewater engineering, municipal planning and general civil engineering. Law Firm Sponsor SMITH, ROBERTSON, ELLIOTT, GLEN, KLEIN & BELL, L.L.P. 221 West Sixth Street, Suite 1100 Austin, Texas 78701 (512) 225-5800 www.smith-robertson.com Contact: Alan Glen (aglen@smith-robertson.com) Smith Robertson provides services in the areas of environment and land use, real estate, business and litigation. We represent both private and governmental entities in imple- menting principles of conservation development. Lady Bird Johnson Wildflower Center 512.292.4200 4801 La Crosse Avenue, Austin TX 78739 www.wildflower.org Jackson Meadow Photo by Kathleen Day-Coen 195 Denton CountyGreenbelt Plan For the Future City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:HLC19-030c,Version:1 AGENDA CAPTION Consider approval of a resolution of the City of Denton, Texas adopting the vision, value statements, goals, policies, recommendations, and the implementation matrix proposed in the Denton Historic Preservation Plan prepared by the Lakota Group, dated August 28, 2019; and providing an effective date. (HLC19-030c, Historic Preservation Plan, Ron Menguita) City of Denton Printed on 10/18/2019Page 1 of 1 powered by Legistar™ City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Department of Development Services CM: Todd Hileman DATE: October 22, 2019 SUBJECT Consider approval of a resolution of the City of Denton, Texas adopting the vision, value statements, goals, policies, recommendations, and the implementation matrix proposed in the Denton Historic Preservation Plan prepared by the Lakota Group, dated August 28, 2019; and providing an effective date. BACKGROUND The City’s current Preservation Plan was adopted in August of 1985. The Preservation Plan was the impetus for significant historic preservation efforts in Denton and many of the objectives of that plan were met. Over three decades later, in February 2015, the Denton Plan 2030 was adopted and called for the update of the Preservation Plan. In the Fall of 2017 staff began the process of updating the Preservation Plan by solicitating Requests for Qualifications for consultants to assist in the update. In addition, during the same time, staff applied for a matching grant from the Texas Historical Commission (THC) and was awarded $20,000.00 for the preparation of a new updated Preservation Plan. The resulting document is represented in a draft Historic Preservation Plan (HPP), refer to Exhibit 2. The creation of the HPP included significant stakeholder input, representing public meetings and online surveys, to create a shared vision related to the city’s historic resources. A partial list of outreach efforts includes the following:  Focus Group Session with Mayor and City Dept. heads from Community Development and Parks & Recreation, December 10, 2018  Interview with Director of Development.  Interview with staff at Texas Woman’s University, December 10, 2018  Focus Group Session with Local Developers, December 10, 2018  Focus Group Session with Local Architects, December 11, 2018  Focus Group Session with members of Planning and Zoning Commission, December 11, 2018  Interview session with Historic Denton Inc., December 11, 2018  Focus Group Session with current and former HLC members, December 11, 2018  Focus Group Session with Denton County Office of History and Culture, December 11, 2018  Community Open House, 217 W Hickory, February 18, 2019  Community Open House, Discover Denton, February 19, 2019  Community Open House, Denton Senior Center, June 17th, 2019  2 Online Surveys with 400+ responses City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com The HPP will serve as a guide for the citizens of Denton, Boards, Commissions, and elected officials. There are four focus areas with goals, policies and recommendations. There is also an additional section on Historic Preservation and Sustainability. The four focus areas are:  Survey and Registration  Community Development  Program Administration  Education and Outreach Starting on page 71 of the HPP is an implementation matrix. The matrix provides implementation timelines and prioritizes recommendations into short, medium, long-term and ongoing. Pages 80 to 89 provides an all-important historical context statement, as recommended by the United States Secretary of the Interior Standards for Historic Preservation Planning. The historic context is significant as it drives the goals and priorities, providing the backdrop against which the historic resources in Denton shall be judged significant or not. The remaining pages of the HPP contain a policy review, community input information, and the appendices. PRIOR ACTION/REVIEW (Council, Boards, Commissions) August 23, 2016 – City Council, during the Work Session report, discussed that the current preservation and there was consensus to allocate $60,000 in the upcoming budget for the preservation plan. June 20, 2017 – City Council, during a Work Session budget presentation, staff presented goals for 2017- 2018 that included the completion, adoption and implementation of an updated Historic Preservation Plan. This resulted in an additional $60,000 being allocated for a total of $120,000 towards the update. February 1, 2018 – The City of Denton was notified of the issuance of a $20,000 matching grant from the Texas Historical Commission for the preparation of a new updated Preservation Plan. March 2018 – an RFQ was issued and a committee of staff and HLC members selected the Lakota Group to assist in the update. December 11, 2018 – City Council, received a report from staff on the update to the Historic Preservation Plan, was introduced to the Lakota Group, and expressed a definite need for an updated Preservation Plan - the need for integrating future landmark districts into the Plan and including Southeast Denton in the Plan. August 19, 2019 - Historic Landmark Commission received a presentation on the draft HPP. August 20, 2019 – Planning and Zoning Commission received a presentation on the draft HPP. August 21, 2019 – City Council received a presentation on the draft HPP. September 16, 2019 – Historic Landmark Commission, during a regular meeting, recommended approval of the HPP unanimously, 6–0 with conditions. September 18, 2019 – Planning and Zoning Commission, during a regular meeting, recommended approval of the HPP unanimously, 7–0 with conditions. October 8, 2019 - City Council received a presentation, held a discussion and directed staff to make changes. OPTIONS 1. Approve as submitted 2. Approve subject to conditions 3. Deny 4. Postpone consideration 5. Table item RECOMMENDATIONS Historic Landmark Commission The Historic Landmark Commission recommended approval of the HPP 6-0, with the following conditions: 1. Amend language on page 25, under African Americans and Other Diverse Populations in Denton, to read as follows: Quakertown provides a compelling story of the African-American experience in the community, already interpreted to some extent in Quakertown Park with outdoor interpretive displays. After Quakertown story, the African-American community moved to Solomon Hill and other areas of Denton’s east and south sides. Additional research and survey work for this context would identify key properties, blocks and areas of cultural significance worthy of preservation and protection. Denton’s Quakertown story includes the forced relocation of the African American community to Solomon Hill and other areas of Denton’s east and south sides. While there is a Texas Historical Commission Marker in the park that provides some information about Quakertown, additional research and survey work for this context would identify properties, blocks and areas of cultural significance worthy of preservation and protection. The Historic and Cultural Resource of Denton, Texas 1882-1949, Multiple Property Listing, identifies four original surviving Quakertown homes that may be worthy of local designation and protection. 2. Amend implementation matrix by changing “parties” to “partners” and delete “City” and “HLC” from the columns. The City and the Historic Preservation Officer will lead implementation of Historic Preservation Plan recommendations working with the partners listed in the matrix. 3. Add a recommendation under Goal #2. The following recommendation would be added to page 43 and the matrix on page 73. Recommendation #2.2: Establish a program allowing for the partial or full property taxes exemption from City of Denton and other applicable taxing authorities for locally designated historic homes. Planning and Zoning Commission The Planning and Zoning Commission recommended approval of the HPP 7-0, with the following condition: 1. Amend HLC’s proposed Recommendation #2.2 to read as follows: Establish Explore a program allowing for the partial or full property taxes exemption from City of Denton and other applicable taxing authorities for locally designated historic homes. City Council Comments During the October 8 City Council meeting staff was directed to make the following changes: 1. Amend summary under Recommendation #1.5 as follows: Recommendation #1.5: Pursue Support National Register of Historic Places listing for eligible neighborhoods and existing Local Historic Districts. Denton’s three existing Local Historic Districts ― the Oak-Hickory, the West Oak Area, and the Bell Avenue districts ― are likely eligible for listing as National Register Historic Districts given their high level of resource integrity. The City should pursue support National Register nominations in high priority areas for these areas as high priorities. In addition, p Previous surveys, including the 1996 Historic Resources, and the Bolivar and Idiots Hill surveys, conducted in 2012 and 2015 respectively, identified three other neighborhoods as should be used to identify potential National Register areas. eligible, including:  Congress School National Register Historic District in west Denton north of the existing Oak- Hickory Local Historic District.  Idiots Hill National Register Historic District bounded by Sherman Drive on the west, Windsor, and Emerson Lanes on the south, and Greenwood and University Drives to the south.  Portion of the Bolivar neighborhood bounded by University Drive on the north and Parkway Street on the south.  Oak-Hickory Local Historic District bounded by Welch Street on the west, Hickory Street on the south, Gregg and Haynes Street to the north and Denton Street on the west. The Congress School National Register Historic District (Calhoun Street as nominated) is nominated to the National Register of Historic Places pending decision by the Texas Historical Commission and the State Board of Review in September 2019. The City and the Historic Landmark Commission should consult with the Texas Historical Commission on other possible eligibility of the Oak-Hickory District to the National Register eligible areas and districts. The purpose of listing these areas in the National Register is for recognition as significant neighborhoods and for eligibility for rehabilitation tax credits. More information of National Register of Historic Places is available on page 98 and 149. 2. Delete proposed Future National Register Districts from Figures 6 and 7. 3. Amend the summary under Recommendation #2.5 to read as follows: For property owners considering a commercial or income-producing building rehabilitation or an adaptive use project and are applying for the Federal Rehabilitation Tax Credit program, the City could coordinate with the owners on an as-needed basis and work with the Denton Main Street Program to offer and prepare conceptual pro-forma analyses, through a consultant, to test potential reuse concepts. These initial feasibility assessments can help building owners consider creative development schemes or, even, new ways to use storefront spaces as overall demand for traditional retail space declines. The City should target this service to the larger historic downtown commercial buildings where tax credits would be more feasible to use as part of development financing. 4. Amend description of Historic Denton, Inc. to read as follows: Historic Denton, Inc. is the a local non-profit preservation advocacy organization. responsible for several activities, including preparing National Register nomination and organizing annual home tours. 5. Add Denton Main Street Association in the list of Preservation Partners on page 56 as follows: Denton Main Street Association The Denton Main Street Association is a 501 (c) 6 non-profit organization that works in cooperation with the City of Denton’s Economic Development Department to implement the Main Street Approach to traditional commercial districts revitalization. Since the Denton Main Street Association establishment, the downtown has seen storefront and building improvements, new business start-ups, new events and downtown marketing activities, a diverse business mix, and increased utilization of ground and upper-floor spaces. While the Downtown remains vibrant, work is still required to ensure quality infill development and adaptive use projects for some of downtown’s key properties. 6. Add the following note to the Implementation Matrix: The City and the Historic Preservation Officer will lead implementation of Historic Preservation Plan recommendations working with the partners listed in the matrix. Staff 1. Amend summary under Survey and Registration on page 24 to read as follows: Survey and registration are key elements to a local historic preservation program: it concerns the ongoing identification of historic resources which include buildings, sites, and structures worthy of some form of recognition, dedication, conservation or protection. 2. Insert the following statement under Policy 2.2 as follows: During public meetings and stakeholder interviews the following were expressed as places and neighborhoods worthy of being considered as Conservation Districts. They are also identified in survey documents.  Idiots Hill Neighborhood  Bolivar Neighborhood  West of Downtown Neighborhoods  South of Downtown Neighborhoods  Hickory and Oak Street Commercial Areas EXHIBITS 1. Agenda Information Sheet 2. Draft Denton Historic Preservation Plan (Clean Version) 3. Draft Resolution 4. Presentation Respectfully submitted: Richard Cannone, AICP Deputy Director Development Services Planning Director Prepared by: Ron Menguita, AICP Principal Planner Roman McAllen, Assoc. AIA, AICP, CNU-A Historic Preservation Officer DRAFT Historic Preservation Plan 1 DRAFT HISTORIC PRESERVATION PLAN | OCT 17, 2019 Prepared for the City of Denton, Texas 2 Denton Historic Preservation Plan ACKNOWLEDGMENTS HISTORIC LANDMARKS COMMISSION CITY COUNCIL Alyssa Stevenson (Chair) Chris Watts, Mayor Helen Bailey (Vice-Chair) Gerard Hudspeth, District 1 Mary Anderson Keely G. Briggs, District 2 Roy Anderson Jesse Davis, District 3 Erin Clegg John Ryan, District 4 Melody Kohout Deb Armintor, At Large Place 5 John Morris Paul Meltzer, At Large Place 6 Angie Stripling Kenneth Williamson CITY STAFF Todd Hileman, City Manager Scott McDonald, Director Development Services/Chief Building Official Richard Cannone, AICP, Deputy Director Development Services Ron Menguita, AICP, Principal Planner Roman McAllen, Assoc. AIA, AICP, CNU-A, Historic Preservation Officer Cody Yates, GIS Analyst Sean Jacobson, Assistant Planner Juan M. Pagoada-Reyes, Intern CONSULTANT The Lakota Group FUNDING This project was funded in part through a Certified Local Government Grant from the National Park Service, U.S. Department of the Interior, as administered by the Texas Historical Commission. The contents and opinions, however, do not necessarily reflect the views and policies of the Department of the Interior, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Department of the Interior. This program receives Federal funds from the National Park Service. Regulations of the U.S. Department of the Interior strictly prohibit unlawful discrimination in departmental Federally Assisted Programs on the basis of race, color, national origin, age or handicap. Any person who believes he or she has been discriminated against in any program, activity, or facility operated by a recipient of Federal assistance should write to: Director, Equal Opportunity Program, U.S. Department of the Interior, National Park Service, P.O. Box 37127, Washington, D.C. 20013-7127. All photos in this Historic Preservation Plan were taken by The Lakota Group except where otherwise noted. DRAFT Historic Preservation Plan 3 TABLE OF CONTENTS SECTION 1: INTRODUCTION 5 SECTION 2: DENTON HISTORIC PRESERVATION PLAN 17 DENTON HISTORIC PRESERVATION VISION AND VALUE STATEMENTS 19 PLAN GOALS, POLICIES, AND RECOMMENDATIONS 21 SURVEY AND REGISTRATION 24 COMMUNITY DEVELOPMENT 39 PROGRAM ADMINISTRATION 50 EDUCATION AND OUTREACH 56 HISTORIC PRESERVATION AND SUSTAINABILITY 61 IMPLEMENTATION MATRIX 72 SECTION 3: DENTON HISTORIC RESOURCES 79 HISTORIC CONTEXT 81 DENTON HISTORIC RESOURCES 90 EXISTING LANDMARKS AND DISTRICTS 98 SURVEY AND DOCUMENTATION 110 DENTON ARCHITECTURAL STYLES AND BUILDING FORMS 112 SECTION 4: POLICY REVIEW 121 FEDERAL AND STATE PLANNING CONTEXT 123 LOCAL PLANS AND POLICIES 124 CITY ZONING 128 SECTION 5: COMMUNITY SPEAKS 133 SECTION 6: APPENDICES 147 APPENDIX 1: NATIONAL REGISTER CRITERIA FOR EVALUATION 148 APPENDIX 2: BENEFITS OF THE NATIONAL REGISTER OF HISTORIC PLACES 149 APPENDIX 3: TEXAS RECORDED LANDMARKS AND HISTORICAL MARKER PROGRAM 150 APPENDIX 4: STATE ANTIQUITIES LANDMARKS CRITERIA FOR EVALUATION 151 APPENDIX 5: 1936 TEXAS CENTENNIAL MARKERS 153 APPENDIX 6: DENTON COUNTY HISTORICAL MARKERS 154 APPENDIX 7: DEVELOPMENT CODE OF THE CITY OF DENTON 155 4 Denton Historic Preservation Plan DRAFT Historic Preservation Plan 5 INTRODUCTION SECTION 1 6 Denton Historic Preservation Plan INTRODUCTION This City of Denton Historic Preservation Plan was prepared by a dedicated group of community stakeholders and residents concerned with the future conservation and stewardship of Denton’s significant heritage resources ― the buildings, structures, and sites that contribute to Denton’s sense of place and economic vitality. This Historic Preservation Plan builds on the community’s previous preservation vision for continuing Downtown Denton’s resurgency, enhancing established neighborhoods, maintaining community character, managing growth, and promoting livability and civic pride, as well as protecting important heritage resources and other tangible links to Denton’s past. This Preservation Plan also seeks to inspire and motivate existing stakeholder groups and a new generation of preservation advocates in the implementation and management of Denton’s historic preservation program Today, Denton’s historic resources and assets, including its historic neighborhoods, downtown district, and iconic Denton County Courthouse on the Square, help to define the city’s vibrancy, authenticity, and small-town appeal. Such assets help to attract young professionals and entrepreneurs who desire quality working spaces and a unique physical environment in which to start their businesses and creative endeavors. Denton’s varied, historic housing stock also contributes to the community’s livability, providing a source of affordable quality housing to families and households seeking advantageous locations near Downtown Denton, the universities, parks, and other community amenities. In Downtown Denton, the Denton County Courthouse and surrounding Courthouse Square commercial architecture serve as an appealing setting and backdrop for festivals, cultural events, and entertainment activities. Certainly, Denton’s historic resources play a key role in community quality-of- life and in making Denton one of the most livable places in Texas. “We would love for more Dentonites to visit Denton’s core and experience the historic districts” - Denton resident. Survey respondent DRAFT Historic Preservation Plan 7 HISTORIC PRESERVATION IN DENTON Denton’s formal historic preservation efforts did not begin until the 1980s when the Denton City Council adopted its first Historic Preservation Ordinance and established the Historic Landmarks Commission to administer the designation and management of local landmarks and historic districts. The Ordinance’s passage came after years of concern over the future of the West Oak Street neighborhood and its collection of pre-World War I “Silk Stocking Row” houses, threatened during the 1960s by a change in its single-family zoning classification and various demolition and development pressures, including the construction of the Carroll Boulevard thoroughfare on the neighborhood’s eastern edge, (Preservation Plan, Historic Landmark Commission, City of Denton, 1986, p. 3). The Ordinance’s development and adoption was made possible through the assistance of the Denton County Historical Commission with support from the local Chamber of Commerce, downtown businesses, and neighborhood residents (Preservation Plan, p. 3). Denton would become one of several Texas communities during the mid to late 1980s to ratify an ordinance, along with Abilene, Corpus Christi, Dallas, El Paso, Fort Worth, Lubbock, Plano, and San Marcos. Denton’s nascent preservation planning efforts came 14 years after the passage of the National Historic Preservation Act in 1966 by the U.S. Congress, which established the National Register of Historic Places, this nation’s official list of buildings, sites, structures, and objects worthy of preservation. With the National Register, local communities now had a new preservation planning tool to spur the recognition and designation of landmarks and districts of local significance. Denton’s first National Register-listed property was the Denton County Courthouse in 1977. Since that first ordinance in the early 1980s, the City of Denton has undertaken a number of preservation planning activities, including the creation of its first preservation plan in 1986, the launch of its downtown Main Street revitalization program in 1989, as well as several historic resource survey initiatives in succeeding years. The 1986 Preservation Plan provided an overview of Denton’s architectural history and important context periods, such as Denton’s late 19th century railroad-related development, the growth of Denton’s universities, Quakertown, and the community’s pre-World War II prosperity. The Preservation Plan also recommended the creation of several historic districts ― most notably for the residential neighborhoods between the University of North Texas and Texas Women’s University, as well as for the blocks along West Oak Street, the creation of a downtown Main Street revitalization program, and the implementation of tax incentives to encourage property rehabilitation and preservation. In 1989, the City of Denton completed its first comprehensive survey, inventorying property types within central Denton for their architectural and historical significance. The survey identified potential local historic districts in Downtown and in the Congress School neighborhood to the northwest of the Courthouse Square, and two conservation districts in the Bell Avenue and Austin-Locust neighborhoods. The Courthouse Square itself was listed in the National Register as part of a multiple property nomination in 2000. In the following years, the City commissioned additional survey and documentation efforts in the Bolivar and Idiots Hill neighborhoods, the latter containing a significant collection of Ranch and Minimal Traditional homes ― evidence of Denton’s post World War II residential building boom. Currently, Denton has three locally-designated historic districts and several buildings, sites, and objects listed in the National Register, including the Downtown Courthouse-on-the-Square, the community’s architectural centerpiece. In 2015, the Denton community embarked on an update to its comprehensive plan — the Denton 2030 Plan —and in 2019 completed a substantial revision and update to its zoning and development regulations. The Denton 2030 Plan recommended an update to the 1985 Preservation Plan with a particular focus of identifying historic resources meriting designation and protection. Since 1986, other properties and historic resources are worth documentation and evaluation, including buildings built during the post-World War II years, an important growth period for most communities as they accommodated an increased demand for housing by returning servicemen. In addition, Denton’s heritage story must also be broadened to recognize and interpret the community’s tapestry of ethnic and racial groups that contributed to community’s development ― groups often underrepresented in the recognition 8 Denton Historic Preservation Plan 1846 1857 1866 1877 1876 1880s-1890s 1881 1890 1895-1897 1901 1906 1929 1931 1933-1940 1939 1953 1962 1963 1966 1966-1967 1973 1977 1980 1982 1987 1989 1996 1999 2000 2004 2005 2008 2012 2014 2015 2018 2019 Denton County established by the Texas State Legislature. First Denton County Courthouse constructed in Downtown Denton. City of Denton chartered by the Texas State Legislature. Second Denton County Courthouse constructed. State of Texas constitutional authorization for state-wide preservation initiatives; first brick buildings constructed. Series of fires destroyed or damaged numerous Denton Courthouse Square commercial buildings. Texas and Pacific Railroad connects Denton to Fort Worth and Dallas. Texas Normal College and Teacher Training Institute founded, later to become University of North Texas in 1988. Third and present Denton County Courthouse constructed. Girls Industrial College chartered by Texas State Legislature, later to become Texas Women’s University in 1957. American Antiquities Act signed by President Theodore Roosevelt; first major historic preservation law adopted in the United States. 1819 North Bell Avenue, first Denton residence designed by architect O’Neil Ford. First local historic district in the United States established in Charleston, South Carolina. State Centennial Celebration; first State Historical Markers erected. Little Chapel in the Woods, Texas Women’s University designed by O’Neil Ford and architect Arch Swank. Texas State Historical Survey Committee established to administer statewide historic preservation program. Formal establishment of the Texas Historical Marker Program. Texas State Legislature expands the mandate of the Survey Committee with legal authority to protect and preserve significant buildings and sites. National Historic Preservation Act passed by the U.S. Congress; National Register of Historic Places established Denton Civic Center and Municipal Building constructed, designed by O’Neil Ford. Texas State Historical Survey Committee becomes the Texas Historical Commission. Denton County Courthouse listed in the National Register. Denton’s first Historic Preservation Ordinance adopted by Denton City Council; Historic Landmarks Commission established; amendment to the National Historic Preservation Act by U.S. Congress creates the Certified Local Government Program. Denton 19th Century Pottery Kiln sites listed in the National Register. Oak-Hickory Local Historic District established by the City of Denton. Denton designated a Certified Local Government by the Texas Historical Commission; Oak Hickory Local Historic District established; Denton Main Street Program initiated. Historical Survey of Denton completed. Historic and Architectural Resources of Denton Multiple Property National Register Nomination completed; Denton Main Street Program recognized with Great American Main Street Award. Denton County Courthouse-on-the-Square listed in the National Register. Rector Road Bridge listed in the National Register. Bell Avenue Local Conservation District established by the City of Denton. West Oak Area Local Historic District established by the City of Denton. Bolivar Neighborhood Historic Resource Survey completed. Denton Main Street Program reaches 25-year milestone. Idiots Hill Neighborhood Historic Resource Survey completed; Denton Plan 2030 with historic preservation element adopted by City Council. Pioneer Circle at Texas Women’s University listed in the National Register. City of Denton revises zoning regulations, including the Historic Preservation Ordinance. and interpretation of their stories to future generations. The process for preparing this Historic Preservation Plan, therefore, represents a unique opportunity for Denton to assess its current historic preservation program effectiveness, consider future landmarks and districts, and propose a set of planning strategies that address critical preservation-planning needs. DENTON HISTORIC PRESERVATION CHRONOLOGY The following is a timeline of significant events and historic preservation efforts since the 1830s: DRAFT Historic Preservation Plan 9 HISTORIC PRESERVATION PLAN PURPOSE AND OBJECTIVES A historic preservation plan identifies and outlines the vision, goals, and strategies for enhancing and strengthening a local historic preservation program, recognizing that effective long-range planning can help identify, protect, and manage significant historic resources and key elements of a community’s built environment. Creating a historic preservation plan is also an opportunity to engage, educate, and inform local stakeholders on the community’s history and heritage, preservation’s benefits, and the roles and responsibilities of a local historic preservation commission. Traditionally, historic preservation plans focused on the identification and documentation of important historic resources and future landmarks and districts. Today, municipal leaders, preservation advocates and community planners view historic preservation as essential tool for encouraging reinvestment activity in traditional commercial districts and older neighborhoods, achieving placemaking and urban design objectives, and in promoting community sustainability. Historic preservation plans are prepared for local historic preservation commissions, municipal staff, and other commissions, departments, and elected leaders, serving as the key policy document for local decision- making regarding preservation issues and priorities. Non-profit preservation advocacy organizations and other preservation partners also use historic preservation plans to guide local advocacy and outreach efforts, educational initiatives, and survey and property documentation activities. In many communities, community comprehensive plans address local preservation planning with an identification of key preservation issues and planning goals, objectives, and strategies. However, in the case of Denton and other cities, comprehensive plans may recommend the creation of a stand-alone preservation plan that identifies key historic resources worthy of preservation and additional policies and guidance relative to the local preservation program. The Denton 2030 Plan, as part of its policies and action items for community character areas and urban design, recommends an update to “the Historic Preservation Plan for Denton to identify historic resources that should receive local protection and state and national recognition by 2030.” (Denton 2030 Plan, 2015, p. 100). The 2030 Plan also proposed policies related to ongoing updates to the community Historic Resources Survey and the identification and designation of future landmarks and historic districts, the adoption of new incentives, and the promotion of historic preservation-based economic development initiatives. Therefore, this Denton Historic Preservation Plan serves as a supplemental policy document for local decision-makers and augments the planning strategies and recommendations already incorporated within the Denton 2030 Plan. THIS HISTORIC PRESERVATION PLAN HAS THE FOLLOWING OBJECTIVES: 1. Review prior community preservation planning efforts, including completed architectural and historical surveys and inventories, and National Register nominations and Local District designations to determine future survey, documentation, and designation priorities. 2. Explore new historic contexts spanning Denton’s 19th century beginnings to its post-World War II decades that consider the “untold’ stories, such as important local industries, the African and Hispanic American experience in Denton, and the Ranch subdivisions of the 1950s and 60s. Such exploration provides a more complete understanding of Denton’s historical development and their associations with existing buildings, structures, and sites worthy of documentation, interpretation, and protection. 3. Assess the effectiveness and efficiencies of local landmark and historic district designation processes and design review tools and procedures, as well as Historic Landmark Commission operations and administration. 4. Understand the location and condition of community “character areas” and how conservation districts and other design management tools could be employed to enhance and maintain these areas not ordinarily considered eligible for historic designations. 5. Determine any barriers to preservation efforts and what new programs, incentives, and initiatives can help spark investments in property maintenance, building rehabilitation, and adaptive use. 6. Explore opportunities for strengthening preservation-based economic development efforts, especially in Downtown Denton, the community’s most significant collection of historic commercial architecture. In addition, integrate preservation planning policies within other community development initiatives related to housing, neighborhoods, and growth management to achieve long-term community sustainability. 10 Denton Historic Preservation Plan This Plan seeks to balance the community’s broader planning and community development objectives while seeking to strengthen and advance the mission of preservation. 7. Propose an ongoing program of outreach, education, and advocacy efforts that builds a strong community historic preservation ethic and cultivates support from a wide range of community stakeholders and those that are not customarily engaged in preservation activities, such as local youth and minority populations. 8. Create new organizational approaches to facilitating historic preservation ― approaches that build local capacity and involve private-sector and a broad range of community stakeholder participation. 9. Develop and adopt an action-oriented Historic Preservation Plan Implementation Program that prioritizes specific initiatives and identifies potential implementation partners and key funding sources. PRESERVATION PLAN APPROACH The U.S. Secretary of the Interior’s Standards for Preservation Planning provides a framework approach for the creation and development of a community historic preservation plan. The standards for effective local preservation planning include: • Standard I: Preservation Planning Establishes Historic Contexts. Historic contexts describe the significant broad patterns of development in a community ― patterns reflected in existing historic buildings and properties. Essentially, the “historic context organizes information based on a cultural theme and its geographical and chronological limits” (Secretary of the Interior Standards for Historic Preservation Planning, National Park Service, 2001). Historic contexts are the foundation for decisions about the identification, documentation, evaluation, and designation of historic properties as landmarks or districts. This Historic Preservation Plan includes an overview of key Denton historic contexts. • Standard II: Preservation Planning Uses Historic Contexts to Develop Goals and Priorities for the Identification, Evaluation, Registration and Treatment of Historic Properties. In traditional historic preservation planning, the development of historic contexts leads to a series of goals and priorities in the identification, evaluation, and designation of historic resources representing each historic context. For instance, if a historic context describes post World War II subdivision development in Denton, goals and priority actions are prepared for surveying, documenting, and designating historic resources and districts in these areas. The Denton Historic Preservation Plan outlines specific priorities for documentation and registration of historic resources related to established historic contexts. DRAFT Historic Preservation Plan 11 • Standard III: The Results of Preservation Planning Are Made Available for Integration into Broader Planning Processes. Effective local historic preservation plans integrate information regarding historic resources into other planning initiatives and activities, especially as they relate to traditional downtown districts and neighborhoods, significant landscapes or archaeological areas, or other places of architectural and historical importance. Such integration serves to inform planning bodies, whose activities and initiatives may affect historic properties and private interests about community preservation goals and priorities (Secretary of the Interior Standards for Historic Preservation Planning, 2001). In addition to the three Standards, successful preservation planning processes also require active and ongoing engagement of various stakeholders groups and participants in defining the community’s vision and core values regarding the long-term stewardship of Denton’s historic architecture and heritage. This in turn will lead to community acceptance of preservation planning decisions. PLANNING PROCESS The preservation planning process for Denton involved two distinct phases. The first phase, the “State of the City,” was a review, assessment, and understanding of known historic contexts; existing historic resources, landmarks, and districts; and adopted community plans, documents, and policies that affect historic properties. Phase 1 also included field work, focus group and stakeholder interview sessions, and a community workshop that garnered community insight on important preservation planning issues. The second phase, the “Preservation Plan,” has included the development of specific preservation planning goals, strategies, and implementation actions necessary for achieving Denton’s future historic preservation vision. To assist in preparing the Historic Preservation Plan, the City of Denton engaged The Lakota Group, a preservation planning firm based in Chicago, Illinois. The City’s nine-member Historic Landmark Commission served as the Preservation Plan Steering Committee. The planning process to date has involved the following tasks: PHASE 1: STATE OF THE CITY The first phase, initiated in February 2018, assessed Denton’s existing preservation program, interviewed key stakeholders, conducted field work, and included a community workshop to gain public input regarding critical preservation planning issues. Relevant planning documents, including the Denton 2030 Plan, were also reviewed. Key Phase 1 activities included: • Project Website (September 2018) The City of Denton and The Lakota Group created a project website to help inform local stakeholders on the preservation planning process, key milestone dates in the process, and upcoming community meetings and open houses. Draft Preservation Plan documents were also posted for public access and review. • Project Start Meeting (September 13, 2018) The City’s Historic Preservation Officer and other planning staff conducted a project start meeting with the Lakota Group to discuss key preservation planning goals and objectives, local preservation issues, and project schedule and timeline. • Field Work (October 8-10, 2018) Lakota visited Denton to photograph and document the community’s historic resources, including various landmarks, historic districts, neighborhoods, and commercial districts. • Stakeholder Listening Sessions (December 9-12, 2019) The City of Denton and The Lakota Group conducted focus group and key stakeholder listening sessions with City officials and relevant department heads, property and business owners, local developers and realtors, preservation advocates, university representatives, neighborhood associations and residents, and civic organizations and economic development agencies. 12 Denton Historic Preservation Plan • Community Open House #1 (February 18, 2019) More than 60 Denton residents, property owners, and preservation advocates attended the first Historic Preservation Plan Open House providing input on preservation issues through a series of exhibits and interactive exercises. The workshop also included exhibits on Denton’s historic architecture and “voting boxes” to determine preservation planning priorities. The “Community Speaks” section of this Heritage Preservation Plan summarizes Community Open House proceedings and results. The Open House was held in the lobby atrium space of the Hickory Street Office Building in Downtown Denton. • Online Workshop and Questionnaire (March – May 2019) To gain additional community feedback on local historic preservation issues, The Lakota Group created and posted to the project website an online questionnaire version of the Community Open House exhibits and voting exercises. The Community Speaks section summarizes the online workshop results. • State of the City Report (June 5, 2019) The State of the City Report was prepared and delivered to the City. PHASE 2: PRESERVATION PLAN The second phase of the planning process included second community open house to gain community stakeholder feedback on initial preservation planning strategies. A Draft Plan document was delivered in August 2019. Key Phase 2 activities included: • Community Open House #2 (June 17, 2019) A second community open house presenting draft preservation planning concepts and strategies was conducted at the Denton Senior Center. Open House exhibits included future survey areas and potential districts, new incentive programs, and outreach and educational initiatives. • First Draft Historic Preservation Plan (August 5, 2019) A First Draft Historic Preservation Plan was prepared and delivered to the City of Denton on August 16, 2019. • Draft Historic Preservation Plan Presentations (August 19-21, 2019) A Draft Historic Preservation Plan was presented to the Historic Landmarks Commission, Planning and Zoning Council, and City Council. • Draft Historic Preservation Second Reading (October 8, 2019) A Draft Historic Preservation Plan was presented for a second City Council reading. DRAFT Historic Preservation Plan 13 LOCAL HISTORIC PRESERVATION BENEFITS AND PRESERVATION VALUES Denton’s historic resources are key elements to the community’s visual appeal and urban design, economic vitality, tourism, growth management and sustainability, and overall quality of life. Historic preservation is also an effective strategy for revitalizing traditional downtowns and commercial districts and maintaining older neighborhoods and the quality and affordability of a community’s existing housing stock. As noted in the Denton 2030 Plan, historic preservation must “suggest mechanisms for integrating historic resources into cultural tourism, creating centers of community, and contributing to placemaking and urban vitality” (Denton 2030 Plan, p. 113). The benefits of preservation are substantial and contribute to the local communities in the following ways:New Job s New jobs created through the rehabilitation of historic buildings and the creation of new businesses that occupy them.New Ho u s i ng New housing choices and attainable housing opportunities through rehabilitated housing stock.Reduced Im pact Conserved building resources and materials that reduce the environmental impact of new development.Arts & C u l t ure Additional arts and cultural activities generated using landmarks and historic districts and neighborhoods as backdrops.Unique Envir o nmentsHistoric districts create unique environments that attract visitors, investors, and entrepreneurs to the community.Mixed u s e Historic districts maintain the mixed use nature of communities, creating the places where they live, work, and play.Enhance Prope r t y value s Established historic districts and landmarks enhance residential and commercial property values over time. According to a recent report, the 2015 Economic Impact of Historic Preservation in Texas, historic preservation generated the following economic benefits: in annual visitor spending related to history-based tourism. $2.26 Billion in historic building rehabilitation projects. $772 Million per year to the Texas GDP in Main Street revitalization activity with cumulative investment activity since 1981 at $5.2 billion. $310 Million of private investment leveraged by Federal and State of Texas incentives programs. $4 - $5 Dollars Source: Economic Impact of Historic Preservation in Texas (Update 2015), University of Texas and Rutgers University 14 Denton Historic Preservation Plan REVITALIZING DOWNTOWNS Downtowns have always represented a community’s economic and social center. They are often the places with the most significant collection of historic architecture ― buildings that provide affordable, flexible ground-floor spaces for new businesses and adaptable upper-stories for offices and apartments. For many communities, downtown buildings offer the mixed-use environment that encourages people to walk to shopping, dining, and entertainment activities. Many communities like Denton have established and maintained Main Street revitalization programs that have generated substantial reinvestments in buildings, businesses, and public infrastructure. In 2018, Main Street programs across the country produced $4.39 billion of downtown investment, including a net gain of 25,300 jobs and 8,100 building rehabilitations. Since 1980, Main Street programs have generated over $79 billion in downtown reinvestment. According to the 2015 Economic Impact of Historic Preservation in Texas, Texas Main Street communities generate more than 5,000 jobs on an average annual basis with $23.6 million garnered in building rehabilitation activity in the year 2013 alone. Since 1990, Downtown Denton has seen cumulative public and private investments of $139,821,000. HOUSING AND REVITALIZING NEIGHBORHOODS Historic homes and neighborhoods contribute to a community’s identity and sense of place. Often, these neighborhoods are distinguished by their diversity of housing types and architectural styles. The diversity in the housing stock in turn provides opportunities for households of different income levels to live in more established neighborhoods close to the downtown district, local schools, parks, churches, and other community services and amenities. Neighborhood historic districts also promote greater ethnic, cultural, and socioeconomic diversity than most other neighborhoods and places. In addition, past studies have concluded that landmark and historic district designations have positive impacts on neighborhoods, often increasing property values significantly. A study from the early 2000s, focused on nine CLG communities in Texas, including such cities as Abilene, Dallas, Fort Worth, and Grapevine, demonstrated that historic designations contributed to property value appreciation of five to 20 percent with the most significant increases seen in the smaller of the nine communities (Historic Preservation and Residential Property Values: An Analysis of Texas Cities, Urban Studies, 2001.) PLACEMAKING AND THE CREATIVE ECONOMY Historic places are “placemaking” assets ― they contribute to a community’s identity and sense of place, which can help attract jobs and workers, especially in today’s creative industries. Creative industries are concerned with the use of information in the production of goods and services, especially in the design and applied arts fields, such as architecture, fashion and filmmaking, arts and crafts, and technology and software development. Today, with access to the internet and broadband technologies, creative businesses can locate almost anywhere; however, they often prefer quality environments that offer a high level of design character and authenticity most often found in historic downtowns, neighborhoods, and former industrial areas. Creative industries, in turn, invest in the rehabilitation and adaptive use of historic buildings, often serving as catalytic projects in revitalizing downtowns. Beyond the jobs-generating aspects, placemaking also capitalizes on historic environments by making them important backdrops for vibrant public spaces, and community gatherings and cultural activities. Many communities have integrated art and urban design enhancements in historic downtowns and neighborhoods to promote safe and comfortable pedestrian environments. HISTORIC ENVIRONMENTS AND HEALTH AND WELL-BEING An emerging study in historic preservation is the relationship between historic buildings and places and personal well-being. For many, historic buildings provide a sense of sanctuary, order, continuity, authenticity, and memory that can enhance the mental and emotional health of people. Historic places also improve physical health given their walkability and location near downtowns, cultural institutions, and parks and green space. In turn, historic places promote the feeling of community attachment, belongingness, and livability. DRAFT Historic Preservation Plan 15 COMMUNITY SUSTAINABILITY The U.S. Environmental Protection Agency (U.S. EPA) has estimated that existing landfill space is more than one-third occupied by building demolition debris. It can take between 10 to 80 years for a new energy efficient building to overcome the climate change impacts created by new construction. Buildings constructed before World War II are also generally more energy efficient due to higher quality construction materials and construction methods. Preservation of historic buildings also retains “embodied energy” of building materials ― the energy used to harvest, fabricate, transport, and install the materials on the building rather than replacing them. If the original construction materials are lost, so is its embodied energy, generating significant new energy consumption in the material’s replacement. Furthermore, historic preservation serves as an effective growth management tool by concentrating investment and growth activity in existing developed areas and focusing local resources on maintaining and reusing historic resources. Denton Civic Center, Creative Art Studio, Little Chapel in the Woods On facing page: Downtown Denton, circa late 1800s, South Padre TV 16 Denton Historic Preservation Plan DRAFT Historic Preservation Plan 17 DENTON HISTORIC PRESERVATION PLAN SECTION 2 18 Denton Historic Preservation Plan We need to preserve and interpret all histories and cultures in Denton. - Denton resident Courthouse Square © Denton Main Street DRAFT Historic Preservation Plan 19 DENTON HISTORIC PRESERVATION PLAN The City of Denton Historic Preservation Plan presents four key preservation planning goals to guide local decision- making for the City, the Historic Landmark Commission, and its preservation partners. These goals are based on the Denton Historic Preservation Vision Statement — a testimony of local stakeholder aspirations regarding the roles historic preservation will take in shaping Denton’s s physical environment and urban design, economic development, neighborhood vibrancy, and overall quality of life. The Vision Statement was crafted by local stakeholders during the planning process. In addition to the Vision Statement, the Denton community espouses a set of core beliefs in historic preservation’s role in community life. VALUE STATEMENT #1 HISTORIC BUILDINGS AND RESOURCES DEFINE DENTON’S IMAGE AND IDENTITY. In its goals and policies, the Denton Plan 2030 recognizes that embracing and maintaining Denton’s small town character is a key to achieving “smart and balanced growth,” “innovation,” and “creativity.” Certainly, Denton stakeholders believe the city’s historic resources, as represented in its Courthouse-on-the-Square commercial buildings and its historic housing stock, contributes immeasurably to Denton’s small town image and identity, providing a sense of scale, and visual attractiveness and familiarity that are often associated with quality small town environments. VALUE STATEMENT #2 HERITAGE RESOURCES ARE VITAL ELEMENTS TO MAINTAINING A PROSPEROUS DOWNTOWN DENTON. Denton is a leading example in Texas and the nation in revitalizing its downtown using the Main Street revitalization approach — the rehabilitation and reuse of downtown’s historic commercial buildings is a central element to that success. In turn, renewed historic buildings help to incubate small businesses, create new jobs, and help drive other investments in public spaces and infrastructure, and in new development that compliments the existing historic fabric, making Downtown Denton the economic and social heart of the community. Denton stakeholders will continue to advocate for a preservation-based approach to Downtown Denton’s management and long-term prosperity. VISION STATEMENT Denton, Texas — a growing, prosperous, and diverse city — implements and manages an effective, model historic preservation program, one that engages all local stakeholders in preserving Denton’s rich history and historic architecture. Historic preservation has and continues to play a vital role in a revitalized downtown Courthouse Square district with buildings adapted and rehabilitated for a variety of businesses, restaurants, cultural and entertainment functions, offices, and upper-story living. The preservation and conservation of Denton’s central and Mid-Century neighborhoods provide opportunities for those who desire affordable, walkable places with authenticity and character. Preservation also contributes to the Denton’s distinctiveness and visual qualities, helping to balance new development with the existing built environment. Preserved buildings and places also tell the story of Denton — its early days as a farming town before the Civil War, its emergence of the city as a center for high learning in the decades leading to the 20th century, and its residential neighborhood expansion before and after World War II. Ongoing educational programs and outreach efforts help to tell these stories in innovative ways to a broad segment of the Denton community, inspiring a new generation of Denton preservation leaders and advocates. For Denton stakeholders, the stewardship of the community’s unique and irreplaceable heritage is always an essential priority, acknowledging its important impact on Denton’s economy, neighborhood cohesiveness, and long-term sustainability. 20 Denton Historic Preservation Plan VALUE STATEMENT #3 PRESERVATION ENHANCES RESIDENTIAL NEIGHBORHOODS. Residential historic districts throughout the country serve to protect and reinforce distinct neighborhood character, design, and authenticity — they are the essential reasons why such neighborhoods remain desirable places to live. In addition, Denton’s older, historic neighborhoods are located in close proximity to the Downtown commercial area and the university campuses; they also comprise a source of affordable housing as compared to newer developments. Denton residents desire the conservation and preservation of historic neighborhoods as a means of offering a range of living opportunities in historic, character-rich environments, and as an effective strategy for achieving community sustainability. VALUE STATEMENT #4 HISTORIC BUILDINGS ARE VISIBLE REMINDERS OF DENTON’S HISTORY AND TIME PAST. Historic buildings provide continuity with the past — they are physical expressions of time and history. They also offer a sense of orientation to our own time and forge an emotional attachment to place and local traditions. Denton stakeholders value historic preservation as the critical link to understanding Denton’s rich past and heritage and the possibilities of the future. VALUE STATEMENT #5 A STRONG AND EFFECTIVE LOCAL HISTORIC PRESERVATION PROGRAM REQUIRES COLLABORATIVE EFFORTS BETWEEN MANY DIFFERENT PRESERVATION PARTNERS. The Denton community believes that successful heritage preservation and stewardship requires continual commitment on part of the municipality and other preservation partners and advocates to support and implement various key preservation initiatives. Collaborative efforts helps leverage existing financial and organizational resources, engages new stakeholders as future preservation advocates, and builds a strong community historic preservation ethic. VALUE STATEMENT #6 PRESERVATION EFFORTS IN DENTON RECOGNIZE ALL GROUPS AND POPULATIONS THAT HAVE CONTRIBUTED TO DENTON’S BUILT ENVIRONMENT. The preservation movement today recognizes that racially, culturally, and ethnically diverse groups are important to understanding a community’s complete story. The citizens of Denton consider the preservation of key sites, memories, and legacies of the city’s diverse populations a high priority. Even without the physical evidence of buildings and locations with which to associate the stories of such groups, the City will find new and innovative ways to tell and interpret such stories to the broader community. DRAFT Historic Preservation Plan 21 PLAN GOALS, POLICIES, AND RECOMMENDATIONS The Denton Historic Preservation Vision and Values Statements serve as the guiding direction for implementing a comprehensive and effective local historic preservation program — a framework created by local stakeholders during a consensus-building, collaborative planning process. The Historic Preservation Plan also includes goals, policies, and recommendations that augment the Vision and Value Statements, providing a complete framework for local preservation action. As such, the Denton Historic Preservation Plan is organized as follows: • Goal Statement: An overarching statement of intent that guides program decisions over the short and long- terms. • Policy Statement for Decision-Makers: A more specific statement that guides policy decision-makers, including the Denton City Council, the Landmarks Preservation Commission, the Planning and Zoning Commission, other boards and commissions, and City staff. • Recommendation: An initiative or set of initiatives that identifies the actions and programs needed to achieve the preservation vision set forth in this Historic Preservation Plan. The Historic Preservation Plan includes four major goals addressing all aspects of an effective community preservation program, including historic contexts and future survey areas and districts, preservation incentives, education and community engagement, and local program administration. These goals and their respective policy statements include: GOAL #1: DOCUMENT, INVENTORY, AND PRESERVE DENTON’S SIGNIFICANT HISTORIC, CULTURAL, AND ARCHITECTURAL RESOURCES. Ongoing survey and documentation activities — including field surveys, oral histories, and the development of context statements — are the principal methods for understanding the potential significance of historic buildings, sites, structures, and objects, and their eligibility as landmarks and districts. In recent years, the City completed surveys for the Bolivar and the Woods neighborhoods, both identifying potential National Register districts and landmarks, as well as additional conservation districts, in neighborhoods adjacent to downtown Denton and in residential subdivisions developed primarily after World War II. Maintaining a comprehensive, active, and ongoing survey and inventory program is a requirement of retaining Denton’s Certified Local Government status with the Texas Historical Commission and the National Park Service. Policies for Decision-Makers: Policy 1.1: Conduct on-going field surveys and documentation efforts as a basis for designating future historic and conservation districts and individual landmarks Policy 1.2: Seek a diversity of funding sources for survey and documentation efforts undertaken by the City of Denton. Policy 1.3: Prioritize and designate eligible buildings and areas for potential landmarks and historic districts, especially for listing in the National Register of Historic Places. Policy 1.4: Make survey information and reports, resource documentation, and other data widely accessible to the Denton public. Policy 1.5: Ensure future documentation efforts are inclusive of all histories and peoples in Denton. 22 Denton Historic Preservation Plan GOAL #2: PROMOTE THE PRESERVATION, ADAPTIVE USE, AND STEWARDSHIP OF HISTORIC RESOURCES AS INTEGRAL ELEMENTS TO A VIBRANT AND SUSTAINABLE DOWNTOWN DENTON AND RESIDENTIAL NEIGHBORHOODS. Without question, preserving and adapting historic buildings stimulates economic activities, job creation, and reinvestment in traditional commercial districts such as downtown Denton. For more than 25 years, the Denton Main Street program has demonstrated the effectiveness of a preservation-based economic development approach — since the Main Street program’s establishment, the downtown has achieved a lower vacancy rate, a diverse business mix, and increased utilization of ground and upper-floor spaces. Denton’s residential historic districts have higher property values than other neighborhoods and also contribute to Denton’s quality residential design character and attraction as desirable places to live. Going forward, Denton stakeholders desire a continued emphasis on preservation-based approaches to maintaining the vitality and vibrancy of its downtown and neighborhoods, including the use of new tools, such as enhanced incentives, additional conservation districts, and the increased use of sustainable design measures for historic buildings, making them more resilient and energy efficient. Policies for Decision-Makers: Policy 2.1: Continue ongoing support for Main Street revitalization efforts and other preservation-based economic development initiatives, including heritage tourism, as a means to preserve, adapt, and reuse Denton’s historic resources. Policy 2.2: Support the creation of new tools, incentives, and other programs that maintain the livability of Denton’s historic neighborhoods. GOAL #3: MAINTAIN A WELL-MANAGED, INTEGRATED MUNICIPAL HISTORIC PRESERVATION PROGRAM THAT FACILITATES LOCAL PRESERVATION ACTIVITY. Local community historic preservation programs must have the proper mechanisms and tools for protecting significant historic resources — homes, commercial buildings, parks and sites, churches, and schools, among others — from neglect, demolition, and inappropriate changes that may alter the authenticity, feeling, and character of Denton’s important historic places. One important tool, the Denton Historic Preservation Ordinance, enables the City to designate local landmarks and districts, which mandates design review for property demolitions and exterior alterations. Since its adoption in early 1980s, the Ordinance has served the community well with the designation of three Local Historic Districts and more than 50 Local Landmarks. Going forward, the City could consider additional enhancements to the Ordinance, including demolition-by-neglect provisions, which would provide the City and the Historic Landmarks Commission more avenues to address instances where historic properties are in need of substantial repair, and a demolition-delay designation program that would offer short-term protection for properties identified as significant through survey work but not yet designated a Local Landmark. Additionally, the City should continue to integrate preservation objectives in other planning efforts at the sub-area and neighborhood levels, and in housing rehabilitation efforts provided through its ongoing housing programs. Policies for Decision-Makers: Policy 3.1: Ensure adequate resources and support for the Denton Historic Landmark Commission. Policy 3.2: Promote collaboration between the City, the Denton Historic Landmarks Commission, and other preservation partners and organizations on various preservation initiatives. Policy 3.3: Update, adopt, and implement preservation and other regulatory codes and mechanisms that support the preservation and reuse of Denton historic resources. DRAFT Historic Preservation Plan 23 GOAL #4: INCREASE THE AWARENESS OF HISTORIC PRESERVATION BENEFITS THROUGH ONGOING OUTREACH AND EDUCATIONAL ACTIVITIES, YOUTH ENGAGEMENT, AND OTHER PROGRAMMING ACTIVITIES. Encouraging participation among property owners and stakeholders in the local historic preservation program requires active educational and advocacy efforts on part of the City of Denton and its preservation partners. While many residents and property owners have benefitted from past preservation efforts and have become firm preservation advocates in the community, there is also an ongoing need to engage and inform new stakeholders — developers and investors, new residents, business owners — on how historic preservation serves the economic and social welfare of the community. Involving and engaging local youth and young adults in local preservation activities helps to groom them as the next generation of Denton preservation leaders and advocates. Denton can also be well- served by a strong non-profit preservation advocacy partner that can organize educational and outreach initiatives on a routine basis, as well as advocate for policies and programs that advance the community’s historic preservation goals. Policies for Decision-Makers: Policy 4.1: Support education initiatives that inform, engage new audiences, and tell the stories of Denton’s multi- cultural and generational populations. Policy 4.2: Use available technologies and other educational tools to increase awareness of Denton’s history and historic architecture. Policy 4.3: Create and enhance partnerships with organizations and entities that maintain a variety of educational and advocacy activities. HOW TO USE THIS PRESERVATION PLAN In addition, the Historic Preservation Plan should function as a work program of preservation action for both the City’s Historic Landmarks Commission, City Departments, and other preservation partners, including the Denton Main Street Program, the Denton County Office of History and Culture and the Denton County Historical Commission, and other related agencies, groups, and organizations. While the City of Denton will take the lead in implementing activities related to design review and district and landmark designation, other preservation partners can play key roles in informing property owners and other stakeholders on available preservation incentives, the advantages of adaptive use and preservation-based economic development, and the many other benefits of historic preservation and neighborhood conservation available to local stakeholders. The Denton community can also use the Historic Preservation Plan to monitor preservation activities, make adjustment to preservation policies over time, and determine other needed preservation actions that achieve the community’s vision for historic preservation. 24 Denton Historic Preservation Plan SURVEY AND REGISTRATION Survey and registration are key elements to a local historic preservation program: it concerns the ongoing identification of historic resources which include buildings, sites, and structures worthy of some form of recognition, dedication, conservation, or protection. Surveys create neighborhood inventories which inform local planning policies and identify potential historic resources. Some resources may be listed in the National Register of Historic Places or designated as a Local Landmark or as part of a Local or Conservation Historic District by the Denton Historic Landmarks Commission. Local designation provides an optimal level of protection for historic resources, mandating reviews for demolition and any exterior alterations. Communities conduct documentation activities principally through field surveys and inventories of neighborhoods, downtowns, and industrial areas, and the preparation of National Register and local landmarks and district nominations. Other types of documentation activities include oral histories, context statement development, and measured and photographic recording of buildings and resources, among others. ISSUE SUMMARY Survey and registration efforts in Denton focused on four specific areas in recent years: the Woods (also known as Idiots Hill) and Bolivar neighborhoods, the Courthouse Square District, and the old Congress School area. Prior to these surveys, the City sponsored a more comprehensive city-wide survey that inventoried 2,409 properties and identified 323 properties considered “high priority” for preservation. Of these properties, 51 were considered eligible for the National Register of Historic Places. Going forward, future survey areas may include the residential neighborhoods to the west of the Woods neighborhood, north of the Oak-Hickory Local Historic Districts, and in neighborhoods to the south and southwest of Downtown Denton. These neighborhoods represent mainly residential resources developed just before and after World War II, including Minimal Traditional and Ranch types within planned subdivisions. Portions of these neighborhoods may reveal potential National Register and Local Historic Conservation Districts, as well as resources related to the African-American legacy in Denton. In terms of historic and conservation districts, since the City’s adoption of the Historic Preservation Ordinance in 1980, three Local Historic Districts have been created: the Oak-Hickory, West Oak, and the Bell Avenue districts, the latter recently a designated Conservation District. The only National Register Historic District in Denton is the Courthouse-on-the-Square, although there are five other separate National Register designations related to archaeology and other structures within the community. Past surveys have also identified potential National Register- eligible districts and individual properties in portions of the Woods neighborhood. Going forward, the City’s Historic Landmarks Commission should take a more pro-active approach in nominating and listing districts and properties in the National Register. KEY HISTORIC CONTEXTS Section 3 of this Historic Preservation Plan includes a description of Denton’s major periods of development extending from its early decades of settlement of the 1840s and 1850s to its post-World War II housing boom years. An important element in preservation planning is the identification of priority historic contexts and associated historic buildings, sites, and resources that have yet to be evaluated, or studied for significance. Going forward, the following key historic contexts provide the basis for future survey, documentation, and designation efforts in Denton. Post-World War II Subdivision Development As noted above, the decades after World War II represented a significant growth period for most American communities as returning servicemen, the availability of federally-sponsored financing programs, and the rise of large-scale land subdividers and developers made possible the rapid development of new residential subdivisions on the periphery of older neighborhoods. Although this new type of cultural landscape consists of building resources constructed within recent memory, it continues a trend interrupted by World War II, of the outward extension of cities that started since the turn of the last century with the advent of gasoline-powered automobile and American’s increasing desire to attain the middle-class aspirations of homeownership. This context is evident in DRAFT Historic Preservation Plan 25 the many post-War subdivisions surrounding Downtown Denton and the adjacent older neighborhoods — Woods and the Southridge subdivisions, for instance. While the Woods neighborhood has already been surveyed and a future National Register Historic District identified, other Post-War and Mid-Century subdivisions are worth close study and examination through future survey and documentation work. The Southridge subdivision in particular is representative of the large lot Ranch and Styled Ranch property types found in many subdivisions of the time period in the Dallas-Fort Worth region. Other Pre- and Post-World War II Resources Denton has a number of other resources related to period before and after World War II including Mid-Century commercial resources in or near the downtown and other neighborhood commercial areas, schools, the FEMA Regional Headquarters Building, the Emily Fowler Central Library, and the remaining hangers at Hartlee Field. The Historic Landmark Commission should document these resources in some fashion and considered for possible landmarking. Semi-Rural Resources The outer-edges of Denton including unincorporated areas within the extraterritorial jurisdiction may resources of some significance. A windshield and reconnaissance survey of these areas may identify resources worthy of additional documentation and protection. O’Neil Ford Buildings Clearly, O’Neil Ford is Denton’s most significant architect of the 20th century, his designs leading the way for a distinctive Texas Modern style of architecture. His Little Chapel-in-the-Woods on the campus of Texas Woman’s University, designed with Arch Swank, is an early, splendid example of the Texas Modern stylistic approach. His other works, the Denton City Hall and Civic Center and the First Christian Church of Denton are other O’Neil Ford buildings worthy of local landmark designation and possible National Register listing. African Americans and Other Diverse Populations in Denton Denton’s Quakertown story includes the forced relocation of the African American community to Solomon Hill and other areas of Denton’s east and south sides. While there is a Texas Historical Commission Marker in the park that provides some information about Quakertown, additional research and survey work for this context would identify properties, blocks, and areas of cultural significance worthy of preservation and protection. The Historic and Cultural Resource of Denton, Texas 1882-1949, Multiple Property Listing, identifies four original surviving Quakertown homes that may be worthy of local designation and protection. Denton Industrial Development Few buildings remain in central Denton representing the community’s growth period as a wholesale and industrial center during the latter and early decades of the 19th and 20th centuries; of those that remain, several have been municipal warehouse and now a designated Local Landmark. Remaining buildings provide a tangible link to Denton’s industrial past and warrant further study and inventory to determine what significant properties remain extant. The Morrison Milling Company complex is one such example. 26 Denton Historic Preservation Plan SURVEY AND REGISTRATION GOALS, POLICIES, AND RECOMMENDATIONS GOAL #1: DOCUMENT, INVENTORY, AND PRESERVE DENTON’S SIGNIFICANT HISTORIC, CULTURAL, AND ARCHITECTURAL RESOURCES. POLICY 1.1 FOR DECISION-MAKERS: CONDUCT ON-GOING FIELD SURVEYS AND DOCUMENTATION EFFORTS AS A BASIS FOR DESIGNATING FUTURE HISTORIC AND CONSERVATION DISTRICTS AND INDIVIDUAL LANDMARKS. POLICY 1.2 FOR DECISION-MAKERS: SEEK A DIVERSITY OF FUNDING SOURCES FOR SURVEY AND DOCUMENTATION EFFORTS UNDERTAKEN BY THE CITY OF DENTON. Recommendation #1.1: Survey and inventory Denton’s Post-World War II residential neighborhoods and subdivisions developments. Over the last 20 years, more than 4,000 properties in Denton have been subject to a survey and inventory project, mainly in Downtown Denton, in the surrounding central neighborhoods adjacent to the Downtown, and in portions of the City’s extraterritorial jurisdiction. In recent years, the City sponsored surveys of the Bolivar and Idiots Hill neighborhoods using Certified Local Government grants from the Texas Historical Commission and the National Park Service. Both surveys documented a range of historic resources constructed during the early 20th century, consisting mainly of Craftsman homes and bungalows, as well as various Revival styles, to the Ranch home types of subdivisions built after World War II. The surveys identified three potential National Register Historic Districts in both neighborhoods; the Idiots Hill survey recommended the designation of the Bell Avenue Conservation District as a Local Historic District. Going forward, future survey work should focus on other outlying residential neighborhoods, principally those constructed during the post-World War II period of the 1950s and 1960s with architectural resources mostly similar to those found in Idiots Hill: Ranch types, split-levels, and other housing types built before the onset of World War II. Ideally, the City of Denton should conduct future survey efforts at an intensive level, which allows for a careful, detailed documentation of historic resources, their condition, integrity, and potential architectural and historical significance. Survey areas with less intact architectural fabric, known integrity issues, and neighborhoods with a common building type may be conducted at the reconnaissance level with significant resources subject to more detailed documentation at a later date. Future survey areas include (see Survey Area maps on following pages): • Survey Area 1 – Hercules Lane-Windsor Court (Figure 1) This survey area, bounded by Loop 288 on the north, Yorkshire Street and Kings Row on the east, Windsor and Coronado Drives on the south, and North Bell and Redstone Roads on the west, incorporates portions of the Cooper Crossing, Cooper Landing, Heritage Oaks, Sun Valley, and Royal Acres subdivisions built during the 1950s and 60s. This area consists mostly of simple Ranch or Styled Ranch types, in some ways a logical extension of the Ranch housing types found in the neighboring Idiots Hill neighborhood. A reconnaissance-level survey is suggested for this area given the prevalence of this property type. This area may be eligible as a potential conservation district. DRAFT Historic Preservation Plan 27 • Survey Area 2 – Hinkle Drive-Windsor Drive (Figure 2) Located to the northwest of Downtown Denton between Emery Street and Windsor Drive east of Hinkle Drive and north of Amherst Drive, this survey area includes the North University Place and North Lake Park Addition subdivisions, with resources dating from the decades after World War II. Like the Hercules Lane-Windsor Court survey area, building resources include simple L-Shape, Front-Gabled and Side-Gable Styled Ranch forms constructed in brick. A reconnaissance-level survey is suggested for this area given the prevalence of Styled Ranch property types. • Survey Area 3 – West Denton Neighborhoods (Figure 2) Bounded by Bonnie Brae Street on the west, Emery and Cordell Streets on the north, Oak Street on the south, and Carroll Boulevard to the east, the West Denton survey area incorporates several subdivisions constructed between the 1920s and 1960s with Craftsman bungalows predominating on the eastern blocks and simple Ranch homes with Colonial Revival features common to west near Bonnie Brae Drive. The 1996 Historic Resources Survey identified the blocks near the Calhoun Middle School (formerly the Congress Middle School) as eligible for listing as a district in the National Register of Historic Places (a National Register nomination is pending for this area at the time of this Historic Preservation Plan). Beyond this, the larger West Denton neighborhood is suggested for a future Historic Conservation District designation. A second reconnaissance-level survey of this area would re-evaluate existing properties for potential individual local landmarking or for use in the development of any Conservation District design guidelines. • Survey Area 4 – Withers Street-Mingo Road (Figure 3) Located east of Downtown Denton along Mingo Road, Bell Avenue and Withers Street, this survey area consists mainly of early 20th century Craftsman homes and bungalows — some with high integrity — along with contemporary multi-family housing construction. This area should be surveyed and inventoried at an intensive level. • Survey Area 5 – East Denton Neighborhoods (Figure 3) Bounded by Mingo Road on the northwest, Texas and Paisley Streets on the north, Audra land on the east, and McKinney and Sycamore Streets to the south, the East Denton neighborhood survey comprises the College View and several smaller subdivisions. Like the west Denton neighborhoods, architectural resources range from Craftsman bungalows on its eastern blocks to Ranch types in its eastern edges. Given issues with building integrity in this area, mainly exterior material re-siding, altered porches, and window replacements, it is unlikely neighborhood blocks would qualify for National Register district listing, although individual eligible properties may be identified, especially those related to the neighborhood’s African-American community. The neighborhood are suitable candidates for conservation district designations. Any future survey efforts should include oral histories and other forms of documentation to fully capture the neighborhood’s history African-American legacy. • Survey Area 6 – Highland Park Road – Willowwood Street (Figure 4) Located in the southwest quadrant of the City of Denton south of Interstate 35, like the Hercules Lane-Windsor Court and Hinkle Drive-Windsor Drive survey areas described above, this survey area includes Ranch housing types, Split-Levels and Colonial Revivals with built-in garages. Some Ranch examples incorporate Mid-Century and French Colonial stylistic features, including exposed roof beams and pyramidal roof shapes. Older Craftsman, Minimal Traditionals and other pre-World War II housing types are located on scattered sites in the neighborhood. It is unlikely the neighborhood is National Register eligible, but may qualify for conservation district designation. A reconnaissance level may also document individual resources worthy of local landmark designation. • Survey Area 7 – Southridge Subdivision (Figure 5) The Southridge Subdivision, located along Teasley Lane and Lillian Miller Parkway south of Interstate 35, is a distinctive post-World War II subdivision noted for its curvilinear street pattern and intact collection of contemporary and styled Ranch homes along with resources constructed during the last 20 years designed as “millennium mansions” with neo-traditional stylistic features. This area would benefit from a reconnaissance-level survey to determine possible National Register eligibility. 28 Denton Historic Preservation Plan E M E R S O N L N H E R C U L E S L N D U N E S S TW E L L I N G T O N D RS T U A R T R DA T L A S D R L A G U N A D R S I E R R A D R H E A T H E R L N I M P E R I A L D RR E D S T O N E R D D I X O N L N S U N V A L L E Y D R M A N T E N B L V D S T R A T F O R D L N P I C K W I C K L N C R U I S E S T O X F O R D L NS K E L T O N S TS H E R A T O N R D Y O R K S H I R E S T P O I N S E T T I A B L V D B E A L L S T S A V A G E D R P I C A D I L L Y L N L O C K S L E Y L N A S P E N D R V I C T O R I A D R A P O L L O D R M A N H A T T A N D RH U I S A C H E S TS H A D O W T R A I L J U N O L N M E A D O W L N S E L E N E D R M O N T E R E Y D R J U P I T E R D R T I T A N T R LS A G E B R U S H D R G R E E N O A K S S TS U N N Y D A L E L N E D I N B U R G L N P E R S H I N G D R O L Y M P I A D R W I N D B R O O K S T V A L L E Y V I E W R D C H I S H O L M T R A I L D R I F T W O O D T R A I L Y E L L O W S T O N E P LP H E A S A N T H O L L O W S T C A M E L O T S T C O M E R S T N E P T U N E D R C O R D O V A C I RC A C T U S C I RC A M B R I D G E L NW I L S O N W O O D D R D E L S O L S T H I L T O N P L M A R I A N N E C I RC A R L S B A D P LK I N G S C TA V O N D R H E R C U L E S L N J U N O L N H E R C U L E S L N H A R T L E E F I E L D R D Figure 1: Future Survey Area 1 FUTURE SURVEY AREA S1 S1 Legend Survey Area Parcels Streets DRAFT Historic Preservation Plan 29 H I C K O R Y S T B O L I V A R S T P A N H A N D L E S TM A L O N E S T E G A N S T S C R I P T U R E S T H I G H L A N D S T C O R D E L L S T F U L T O N S TC O I T S TA L I C E S TW E L C H S TA N N A S TE C T O R S TT H O M A S S T M U L B E R R Y S T M A P L E S T E M E R Y S T D E N T O N S T C O N G R E S S S T C R E S C E N T S T H E A D L E E S T H I L L C R E S T S TP O N D E R A V E W E S T W A Y S T S E N A S T A M H E R S T D RP A R K S I D E D RG E O R G E T O W N D RF R Y S TI O OF S T B R O A D W A Y S T S U N S E T S T S T A N L E Y S TA V E G A V E H S T E L L A S T N O R T H R I D G E S T L I N D E N D R G O B E R S T P A R K W A Y S TN O R T H L A K E T R L A U B U R N D R A M A R I L L O S TM E S Q U I T E S T G R E G G S TJ A G O E S TB O W L I N G G R E E N S TC E D A R S T C R O W S T C O R N E L L L N H O U S T O N P L B R Y A N S TF O R D H A M L NA I L E E N S T T U L A N E D R M O U N T S A V E L O U I S E S T N O R M A L S TN O R T H W A Y T H I R D S T C A R L T O N S T M A R I E T T A S T W E S T W A R D S T G A Y D R G R E E N B R I A R S T W E S T C H E S T E R S T L O V E L L S T P E A R L S TB E L L E M E A D D RC L E V E L A N D S T B E L H A V E N S TV A N D E R B I L T C T L O W E R Y W O O D S L N O L D B O N N I E B R A E S T C R E S C E N T S T L I N D E N D R B E R N A R D S TF A LL M E A D O W S TA V E B C R E S C E N T S T A N N A S T F I R S T S T E M E R Y S T B R Y A N S TA I L E E N S TR I N E Y R D C H E S T N U T S T M U L B E R R Y S TB R A D L E Y S T Figure 2: Future Survey Areas 2-3 FUTURE SURVEY AREAS S2 - S3 S2 S3 Legend Survey Area Parcels Streets 30 Denton Historic Preservation Plan A U D R A L N P A I S L E Y S T W U N I V E R S I T Y D R M I N G O R D T E X A S S T S C H M I T Z A V E F A R M S TN B E L L A V E E C O L L E G E S T N B R A D S H A W S TN C R A W F O R D S TN W O O D S TJ A N N I E S TH E T L E S TC A M P B E L L L N E M C K I N N E Y S TF R A M E S TW O O D R O W L N W I L S O N S T D U NC A N S TR U D D E L L S T T E X A S S T W I T H E R S S T B E L L P L D A V I S S T N E W T O N S TI N D U S T R I A L S TB U S H E Y S TE X P O S I T I O N S TB R A D S H A W S T P R A I R I E S T O A K S T O A K S T P R A I R I E S T R U D D E L L S TR O S E S TB R A D S H A W S TR U D D E L L S TC R A W F O R D S TA U S T I N S TW O O D S T P R A I R I E S T R U D D E L L S T Figure 3: Future Survey Areas 4-5 FUTURE SURVEY AREAS S4 - S5 S4 S5 Legend Survey Area Parcels Streets DRAFT Historic Preservation Plan 31 H I G H L A N D S T J A M E S S T W I L L O W W O O D S T M C C O R M I C K S T C O L L I N S S T B E R N A R D S TA V E C W I S T E R I A S TI O O F S T F A N N I N S TA V E G A V E H K E N D O L P H D R S T E L L A S T P A R V I N S T A C M E S T M E R C E D E S R DK N I G H T S TW E S T W O O D D R L I N D S E Y S T D U D L E Y S TJ A C Q U E L I N E D RL E S L I E S T L A U R E L S T A Z A L E A S TC O L L I E R S TH I G H L A N D P A R K R D L O U I S E S T J A S M I N E S TC A M E L L I A S TA V E A D A N I E L S T S O L A R W A Y M A R G I E S T N O R M A N S T G R E E N L E E S T M I C H I A L S T U N D E R W O O D S T W I L S H I R E S T O A K W O O D D RG O L F C T W E S T R I D G E S T L I N D S E Y S T P R A I R I E S T K E N D O L P H D RA V E C L E S L I E S TL O C U S T S T G R E E N L E E S T M A S S E Y S TC L E V E L A N D S T C H E S T N U T S T M U L B E R R Y S T C O R B I N R D Figure 4: Future Survey Area 6 FUTURE SURVEY AREA S6 S6 Legend Survey Area Parcels Streets 32 Denton Historic Preservation Plan P E N N S Y L V A N I A D R S O U T H R I D G E D R . E L P A S E O S T L Y N H U R S T L N C A R M E L S TD U N C A N S TW O O D B R O O K S T L O O N L A K E R D C L U B H O U S E D R L O N D O N D E R R Y L N S A N T A M O N I C A D RS T O N E G A T E D R A B B O T ' S L NP E M B R O O K E P L C H A P E L D R R A N C H M A N B L V D S K Y L A R K D R H O L L Y H I L L L NL O N G R I D G E D R S E V I L L E R D S A N D P I P E R D RF A I R F A X R DP A I N T D R R I D G E C R E S T C I R S A V A N N A H T R A I L B I S S O N E T D R A R A B I A N A V E W E S L A Y A N D R S A N G A B R I E L D R B E N T O A K S D R P I O N E E R D R G A T E W O O D D R G R E A T B E A R L N V A L E N C I A L N H O L L O W R I D G E D RH O P E S TC R O S S T R E E S DRP I P I N G R O C K L N S H I L O H R D S K Y S A I L L N N A T C H E Z T R A C E C O N C O R D L ND U N L A V Y R D C H A M P L A I N L N B I G H O R N T R LI N D I A N R I D G E D RW E S T M I N S T E R S T S O U T H R I D G E D RL A F A Y E T T E D RP E N N S Y L V A N I A D RS T O N E G A T E C I R O A K H U R S T S T L E I S U R E L N C R A T E R L A K E L NF A I R F A X T R A I L C H A S E W O O D L N L A M P R E Y C I RJ E F F E R S O N T R A I L S M O K E R I S E C I R L E X I N G T O N L N T E A S L E Y L N W I N D R I V E R L N Figure 5: Future Survey Area 7 FUTURE SURVEY AREA S7 S7 Legend Survey Area Parcels Streets DRAFT Historic Preservation Plan 33 Recommendation #1.2: Update the inventory of documented historic resources located on the University of North Texas and Texas Woman’s University campuses. The Historic and Cultural Resource of Denton, Texas, 1882-1949, Multiple Property Listing recognizes the profound influence both Texas Woman’s University and the University of North Texas had on early 20th century residential development in central Denton. This was largely a result of increased student enrollments on both campuses leading to the construction of new educational buildings and facilities, several designed in distinctive iterations of the Gothic and Georgian Revival and early Modern styles. The collection of such architecturally distinctive buildings creates a unique landscape of each university’s development and evolution in Denton. The 1996 Survey already identified and inventoried historic buildings on both campuses. Given the passage of time, an intensive property survey update and a complete context statement would help to provide a broader understanding and public awareness of the significant university historic buildings and facilities. Recommendation #1.3: Conduct a reconnaissance level survey of Denton’s extraterritorial jurisdiction and undeveloped areas within Denton’s corporate boundaries. In communities across the country that exercise extraterritorial jurisdiction, historic resource surveys are helpful in identifying significant historic properties and sites worthy of future preservation considerations. The City, in collaboration with the Denton County Office of History and Culture, should undertake a reconnaissance-level historic resources survey and inventory of the extraterritorial jurisdiction to determine potential significant resources that may be subject to future preservation measures by the County over the short term and by the City in any future annexation scenarios. Additional windshield surveys of Denton’s undeveloped areas may also yield resources worthy of additional investigation. Recommendation #1.4: Secure additional CLG grants and other sources of funding for additional survey and documentation work. As has been customary practice in recent years, the City of Denton should continue to secure CLG grants from the Texas Historical Commission to undertake and complete future survey and documentation efforts. Where needed and desired, the City and the Historical Landmark Commission could partner and collaborate with the Denton County Office of History and Culture, the local universities, and other entities to underwrite and participate in future survey and documentation efforts. POLICY 1.3 FOR DECISION-MAKERS: PRIORITIZE AND DESIGNATE ELIGIBLE BUILDINGS AND AREAS FOR POTENTIAL LANDMARKS AND HISTORIC DISTRICTS, ESPECIALLY FOR LISTING IN THE NATIONAL REGISTER OF HISTORIC PLACES. Recommendation #1.5: Support National Register of Historic Places listing for eligible neighborhoods and existing Local Historic Districts. The City should support National Register nominations in high priority areas. Previous surveys, including the 1996 Historic Resources, and the Bolivar and Idiots Hill surveys, conducted in 2012 and 2015 respectively, should be used to identify potential National Register districts. The City and the Historic Landmark Commission should consult with the Texas Historical Commission on other possible National Register eligible areas and districts. The purpose of listing these areas in the National Register is for recognition as significant neighborhoods and for eligibility for rehabilitation tax credits. More information of National Register of Historic Places is available on page 98 and 149 of Appendix 2. Recommendation #1.6: Explore potential boundary expansion of the Oak-Hickory Local Historic District south of Hickory Street. The Oak-Hickory Local Historic District currently consists of 70 residential buildings constructed between late 19th century to the decades before World War II, representing various styles and property types from Queen Anne to Craftsmen bungalows. Given similarities of property types and building styles, the City and the Historic Landmark Commission should examine a possible boundary expansion of the Oak-Hickory Local Historic District to include 34 Denton Historic Preservation Plan W H I C K O R Y S T W O A K S T C A R O L L B L V D 3 5 E B E R N A R D S TS W E L C H S TB O L I V A R S T P A N H A N D L E S TM A L O N E S T E G A N S T H I G H L A N D S T F U L T O N S TC O I T S TA N N A S T E M E R Y S T D E N T O N S T C O N G R E S S S T S E N A S T F R Y S T B R O A D W A Y S T S U N S E T S T A V E G A M A R I L L O S T W O A K S TJ A G O E S T L I N D S E Y S T H O U S T O N P L R O B E R T S O N S TB R Y A N S TM O U N T S A V EN O R M A L S TM A R I E T T A S TI N D U S T R I A L S T P E A R L S TO L D B O N N I E B R A E S T L I N D S E Y S T A N N A S TC O O K S TA U S T I N S TB R A D L E Y S T Figure 6: Future Expansion of Oak-Hickory Local Historic District FUTURE EXPANSION DISTRICT E1 E1 N4 N3 Legend National Register District Parcels Expansion to local District National Register District (in progress) Streets DRAFT Historic Preservation Plan 35 the properties of the south side of Hickory Street between Welch and Denton’s. These properties contain sufficient integrity to warrant inclusion (see map on preceding page). Recommendation #1.7: Conduct research and determine eligibility of additional Recorded Texas Historic Landmarks in Denton. Administered by the Texas Historical Commission, Recorded Texas Historic Landmarks (RTHL) are buildings, sites, and structures significant to the history of Texas. Currently, there are 14 Recorded Texas Historic Landmarks in Denton. The City should consider pursuing additional RTHL designations for properties that likely meet the eligibility criteria, including buildings associated with noted architect O’Neil Ford. These properties include: • Denton Woman’s Club, 610 Oakland Street (1928) – architect Wiley G. Clarkson • Denton County National Bank, 100 North Locust (1913) • Old Denton Post Office, 218 North Locust (1919) • Scripture Building, 123 North Elm (1881-82) • Denton Municipal Building and Civic Center (1966-1967) – O’Neil Ford • Gertrude Gibson House, 1819 N. Bell (1928) – O’Neil Ford • First Christian Church, 1203 N. Fulton (1959) – O’Neil Ford Designation as a RTHL does provide a property a level of protection and design review; however, the RTHL listing requires owner consent. Recommendation #1.8: Prepare an annual study list of potential landmarks and districts. Annually, the Historic Landmark Commission should prepare and update a study list of potential Local Landmark and District designations — the list primarily comprised of properties and other historic resources that may meet the eligibility requirements for listing in the National Register of Historic Places or the City of Denton designation criteria. Completed survey and other documentation efforts identify potential eligible buildings and districts. The Historic Landmark Commission should form a Landmarks and Districts subcommittee to review survey findings and prepare the study list for yearly designation activities. POLICY 1.4 FOR DECISION-MAKERS: MAKE SURVEY INFORMATION AND REPORTS, RESOURCE DOCUMENTATION, AND OTHER DATA WIDELY ACCESSIBLE TO THE DENTON PUBLIC. Recommendations #1.9: Create a historic resource inventory information digital database In recent years, many municipal historic preservation programs have turned to web-based historic and cultural resource management systems to provide greater public access to survey data and property information. Such systems include interactive digital maps to aid in locating specific properties or districts and individual property survey forms that can be updated on an ongoing basis as the City and the Historic Landmark Commission undertake future survey and documentation projects. Web-based cultural resource management technologies can also be used with iPads, iPhones, and other tablets and electronic technologies to document historic properties in the field by electronically transmitting photos and building documentation to the online survey database. Well-known web- based inventory platforms include RuskinArc; Arches, developed by the Getty Conservation Institute and used recently in the Survey Los Angeles project; SiteVista; and, Landgrid, developed by Loveland Technologies and used in a comprehensive survey effort of Detroit. Several historic property inventory platforms, such as Arches, are open- sourced while others, including RuskinArc, require a yearly fee to maintain survey data on their servers. 36 Denton Historic Preservation Plan N1 N2 Recommendation #1.10: Compile and publish survey report publications and brochures. In addition to an online survey database, the Historic Landmark Commission should make paper publications of existing and future survey reports more widely available in the Denton Public Library, the local university libraries, the Senior Center, Denton City Hall, and other locations that enhance public accessibility to survey information. Recommendation #1.11: Include community engagement activities in survey and documentation projects. Survey and documentation initiatives should always integrate community engagement activities — community meetings and social media postings, for instance — to inform local property owners and residents regarding the purpose of the survey and its findings. Survey projects are key opportunities to inform stakeholders on their local neighborhood history, predominant architectural styles and building types, why some properties are more significant than others, and how the survey information will be used in future community planning purposes. POLICY 1.5 FOR DECISION-MAKERS: ENSURE FUTURE DOCUMENTATION EFFORTS ARE INCLUSIVE OF ALL HISTORIES AND PEOPLES IN DENTON. Recommendation #1.12: Complete in-depth historic context research of Denton’s African American community and neighborhoods. Previous National Register nominations and community histories provide key background information on Quakertown’s development and dissolution with the construction of Quakertown Park. However, there is still much to learn and document Quakertown’s history and the people who lived in the neighborhood and played significant roles in Denton’s cultural, commercial, and civic life. Just as important is to understand what happened to the African American community after Quakertown and to what extent there are remaining historic and cultural resources associated with the displaced Quakertown community. A more in-depth Quakertown context statement could help furnish that more complete understanding, exploring themes such as Quakertown’s first settlement and neighborhood-building, what industries the community worked in, the community’s religious and cultural life, and how the Quakertown diaspora rebuilt their community in Denton after the park’s construction. Previous research and oral histories already exist to illuminate the Quakertown story; therefore, much of the context work would focus on developing a detailed narrative that may lead to future Local Landmark designations, new oral histories, exhibits, potential festivals and events, and new interpretive and education initiatives. The context statement should be prepared in advance of any survey of African-American-associated neighborhoods. Recommendation #1.13: Conduct context research for Denton’s Mid-Century neighborhoods Given the number of post-World War II neighborhoods suggested for future survey work, new context research would help identify key landowners, subdividers, and developers, and help provide an understanding of the potential significance of these neighborhoods. Context research would also assist in evaluating significance prior to the on-site field work. Photo, right, courtesy the Denton County Office of History and Culture DRAFT Historic Preservation Plan 37 38 Denton Historic Preservation Plan COMMUNITY DEVELOPMENT Facilitating investment in historic properties — as a means for promoting job creation, enhanced property values, and stable and vibrant neighborhoods and commercial districts — should always be a focus of any effective community preservation program. This element of the preservation program recommends initiatives that support increased activity in building rehabilitation and reuse, and preservation-based economic development. Existing incentive programs are described in Section 5: City Planning and Program Administration. ISSUE SUMMARY Denton has had considerable success with preservation-based economic development efforts, especially with its Main Street revitalization program, which has been in operation since 1989. In 1999, the program was recognized with a Great American Main Street Award from the National Main Street Center for its outstanding track record in facilitating storefront and building improvements, new business start-ups, and in producing new events and downtown marketing activities. While the Downtown remains vibrant and continues to implement initiatives at enhancing the downtown physical realm and business environment, work is required to ensure quality infill development and adaptive use projects for some of downtown’s key properties. In the residential neighborhoods, Local Historic District designations have helped enhance property values and maintain their overall quality design environment. Managing preservation and development design in other older and historic neighborhoods that may not ordinarily qualify for National Register or Local Historic District designation is a key concern expressed by many Denton stakeholders. Conservation Districts Like many Texas communities with municipal historic preservation programs, Denton allows for the establishment of conservation districts as a tool for maintaining the building fabric of existing neighborhoods that might not ordinarily qualify as National Register or Local Historic Districts. It is also an effective tool for managing and accommodating growth in neighborhoods or areas where residents and local stakeholders desire to maintain a sense of neighborhood character, scale, and integrity. This is especially the case in college communities where the conversion of the historic housing stock into student housing often impacts a neighborhood’s design character, often through porch enclosures and poorly-designed and over-scaled additions. However, conservation districts also serve as a revitalization tool where capital improvements and rehabilitation incentives can help stabilize and facilitate private-sector in property maintenance and rehabilitation. Future surveying activities and neighborhood- level planning initiatives should identify future Conservation Districts. Conservation district implementation could also be paired with neighborhood planning efforts, as has been addressed in the Oak Gateway Area Plan. Downtown Incentives The City of Denton offers two historic preservation incentives for downtown business and property owners. The City’s Economic Development Office and Main Street Program administer the downtown incentive programs. These incentives include: • Downtown Reinvestment Grant. The Downtown Reinvestment Grant awards up to $25,000, on a reimbursement basis, for building improvement expenditures, not to exceed 50 percent of the total project costs. Eligible expenses include façade improvements, such as architectural work, awnings and signs, foundation, and roof repairs and for interior improvements. The broad eligibility of projects makes the grant flexible in its use. • Signage, Paint, and Façade Improvement Grant. The Signage, Paint, and Façade Improvement Grant is a smaller cash award of up to $500 offered for signage and cosmetic improvements to the building façade only. The grant is awarded on a reimbursement basis and may not exceed 50 percent of the project cost. DRAFT Historic Preservation Plan 39 The signage and paint grant program has been used infrequently in recent years, with only a few grants awarded annually. The application is a simple one-page form, but the low award amount is not motivating for most property owners except for the smallest of projects. The Downtown Reinvestment Grant, on the other hand, sees wider use with four or five grants awarded in typical years. Four grants totaling $45,000 were awarded in fiscal 2019 for a total project value of $930,000. The largest number of grants awarded in the last ten years was in fiscal year 2014 when ten grants were approved. The grants in 2014 had a total value of $139,900 and leveraged a total project value of $6.7 million. While the maximum award is $25,000, the average grant is $10,000. The Economic Development Office has documented an overall leverage rate of $30.00 for every $1.00 awarded through a Downtown Reinvestment Grant. The grants have become a critical tool to motivate preservation-sensitive rehabilitation projects downtown. Both the Federal Historic Preservation Tax Credit and the Texas State Historic Preservation Tax Credit programs are available for commercial buildings listed in the National Register, but no rehabilitation projects in downtown Denton have accessed the tax credits in the last ten years with the exception of the current Fine Arts Theatre project in Downtown Denton. The Federal and State Tax Credit programs provide 20 percent and 25 percent credits, respectively, on eligible rehabilitation costs and can both be used in rehabilitation projects. Residential Incentives The City of Denton offers a property tax exemption on building improvement expenditures to designated historic landmarks citywide. Eligibility of any property is determined by listing as a local historic landmark. The City’s Historic Preservation Office and Historic Landmark Commission administers the exemption program applying to projects over $10,000 in expenditures. The owner may receive a tax abatement on the value of the improvement for a period of 10 years. The City’s Historic Preservation Officer may provide administrative approval of an exemption for ordinary maintenance or minor alterations. More substantial projects require a Certificate of Appropriateness from the Historic Landmark Commission, granted after a public hearing process. The program encourages the maintenance and rehabilitation of historic properties by exempting approved improvements from ad valorem tax. While the tax exemption is available to both commercial and residential properties, the program’s experience has been that most applicants are homeowners. Of the 30 exemptions granted since 2010, 25 of the exemptions were residential properties and five were commercial. The program is not accessed frequently by local property owners, with two or three projects approved in each of the last three fiscal years. Significant use of the incentive of the exemption since 2009 (when an updated ordinance was adopted and the exemption period reduced from 15 years to 10 years) occurred in 2010, when 13 projects were approved. There are two primary barriers to broader use of the tax exemption: First is the need to apply for local landmark designation prior to receiving the exemption, which requires a certification and verification process. Second is the program’s low visibility to the public. For example, beyond the text of the ordinance itself, the City provides little public information on the program on its website. 40 Denton Historic Preservation Plan DISTRICT Homes in Bell Ave Historic District Homes in West Oak Area Historic District Homes in Oak Hickory Historic District Total Homes 25 76 58 159 NO. OF HOMES Table 1: Home Values in Designated Districts Historic Districts and Property Values Generally, historic preservation and Local Historic District designations have had a positive impact on local property values in communities across the country. Based on public data of home values from the Denton Central Appraising District, homes in designated districts appreciated at a slightly faster rate than residences in the rest of Denton over the last 13 years. Homes in the Oak Hickory Local Historic District had the highest average values across Denton. The three designated districts account for 160 homes, or 0.5 percent of the approximately 35,000 recorded residential properties in the City of Denton. Homes in the Oak-Hickory Local Historic District, a compact and walkable neighborhood, had the highest average values across Denton, regardless of home size or lot size. DRAFT Historic Preservation Plan 41 Many communities are challenged to offer meaningful incentives for historic preservation, and Denton provides a set of tools that facilitate private investment. Data illustrates that incentive investments in preservation projects yield many benefits that are directly measurable. For example, Downtown Reinvestment Grant data illustrates the private investment leveraged. The tangible impacts of the tax exemption are harder to quantify but no less meaningful, as maintenance projects incentivized by the tax exemption might otherwise have been deferred or not undertaken. Denton Main Street Association and Downtown Reinvestment The Denton Main Street Program, is a 501 (c) 6 non-profit organization that works in cooperation with the City of Denton’s Economic Development Department to implement the Main Street Approach to traditional commercial districts revitalization, as created by the National Trust for Historic Preservation during the late 1970s. Main Street Denton manages various initiatives related to promotions and marketing, business development, and building rehabilitations and design incentives. All Downtown promotion events are funded by sponsorships and memberships in the DMSA from the private sector. The Denton Main Street Association Board of Directors represent a cross- section of key Downtown stakeholders. The Denton Main Street Association, established in 1989, is one of the early participants in the Texas Main Street Program and one of the first urban programs in the country. Denton Main Street’s preservation-based revitalization work has been instrumental in creating today’s vibrant downtown Denton, built around its historic Courthouse Square and its core of existing historic commercial buildings. In addition to its extensive marketing and promotion programs and free architectural services, Denton Main Street tracks overall investments in downtown buildings and infrastructure and reports economic development data to the Texas Main Street Program. Since 1990, Denton Main Street has recorded the following cumulative investments: AVERAGE ANNUAL INCREASE IN HOME VALUES, 2010-2018 Citywide West Oak Area Historic District Oak Hickory Historic District Bell Ave Conservation District 5% 7% 7% 6% Table 2: Average Annual Change in Home Values CATEGORY Building rehabilitations Properties Sold New Construction Public-Private Partnerships Public Improvements Total Investment $44,536,000 $35,894,000 $39,534,000 $2,957,000 $16,900,000 $139,821,000 VALUE Table 3: Denton Main Street Cumulative Investments 42 Denton Historic Preservation Plan Courthouse Square © Stephen A Master Heritage Tourism Denton has several attractions that serve as key heritage tourism assets. Although Denton’s tourism industry stems mainly from its historic Courthouse Square, it is recognized that Denton’s heritage assets have the potential to provide a greater tourism draw if specific heritage sites are enhanced and marketed together more effectively. Heritage tourism assets include: • Downtown Denton – Courthouse Square. The historic Courthouse Square revolves around the former courthouse, which houses the museum and county offices. The central business district surrounding the courthouse holds events and concerts, which draws people to the downtown. • Denton County Courthouse Museum. The Denton County Courthouse building was constructed in the Romanesque Revival style in 1896 and designed by architect W. C. Dodson. The museum is operated by the Denton County Office of History and Culture and the building dominates the downtown square in terms of size and architecture. • Architect O’Neil Ford. The architect spent many years in Denton, and has designed numerous homes, churches, and institutional buildings in Denton and throughout Texas that capture his unique Texas Modern style of architecture. • Denton County Historical Park. The two-acre park site, located at 317 W. Mulberry Street just south of the Downtown Square, is a collection of five historic properties moved to the site to preserve them from demolition. The 1898 Bayless-Selby House was first moved to the site in 2001 and has since been restored and turned into a house museum. Another historic house has been converted into the Denton County African American Museum. Other homes are being restored for future public access. • Texas Woman’s University. Texas Women’s University, which was founded in 1901, includes a number if heritage sites including architect O’Neil Ford’s modern architectural masterpiece Little Chapel-in-the-Woods (1939), the 15- foot tall white marble Pioneer Woman statue (1938) by sculptor Leo Friedlander, as well as a number of Classical Revival and Georgian Revival academic buildings dating from the 1920s through the 1940s. Generally, historic preservation and Local Historic District designations have had a positive impact on local property values in communities across the country. DRAFT Historic Preservation Plan 43 COMMUNITY DEVELOPMENT GOALS, POLICIES, AND RECOMMENDATIONS GOAL #2: PROMOTE THE PRESERVATION AND ADAPTIVE USE OF HISTORIC RESOURCES AS INTEGRAL ELEMENTS TO VIBRANT COMMERCIAL DISTRICTS AND RESIDENTIAL NEIGHBORHOODS. POLICY 2.1 FOR DECISION-MAKERS: CONTINUE ONGOING SUPPORT FOR MAIN STREET REVITALIZATION EFFORTS AND OTHER PRESERVATION-BASED ECONOMIC DEVELOPMENT INITIATIVES AS A MEANS TO PRESERVE, ADAPT, AND REUSE DENTON’S HISTORIC RESOURCES. Recommendation #2.1: Broaden the tax-exemption eligibility criteria for improvements to historic buildings. The current property tax exemption on building improvements is currently available to all individually-designated local landmarks, citywide. If a property is in a historic district, the owner must still apply for landmark designation to receive the exemption. Applying for designation creates a barrier to participation in the program. It is recommended the program criteria be broadened to permit participation of “contributing” buildings in a historic district – buildings not individually designated, but that form the collective basis for the district’s designation. There is a precedent for this approach: When a district is listed on the National Register (an honorary listing that makes commercial properties eligible for Federal Rehabilitation Tax Credits), all buildings in the district that “contribute” to the historic character are treated as if they were individually listed. It is more efficient than having to prepare a nomination for each building, and it recognizes that the historic buildings within the district add character to the whole. The City of Denton should consider further study and evaluation for a change in eligibility criteria. Recommendation 2.2: : Explore a program allowing for the partial or full property tax exemption from City of Denton and other applicable taxing authorities for locally designated historic homes. In addition to a City of Denton tax exemption for building improvements in locally-designated historic districts, tax exemptions from other applicable tax authorities may also be offered to encourage local preservation activity. The City of Denton and other local taxing bodies will need to explore the initiative’s feasibility. Recommendation #2.3: Increase the size of the downtown signage, paint, and façade improvement grant program. The sign-and-paint grant was intended to stimulate modest storefront improvements downtown. It offers a maximum grant of $500, if matched by an investment of at least $500 by the owner. The grant maximum has remained unchanged since the 1990s. As construction costs have risen, $500 is no longer seen as motivating property and business owners. Raising the maximum award to $2,500 while maintaining the 50-50 match requirement may provide more incentive for downtown business owners to invest in new façade and signage improvements. This may require increasing the grant’s budget allocation. A fewer high-quality $5,000 façade projects will have a larger impact than a smattering of smaller projects. Recommendation #2.4: Offer design assistance to commercial properties considering façade improvements. To increase the value of the signage and façade improvement grant program, the Development Services Office could establish a contract with a local architecture firm to provide design concepts as part of façade improvement grant awards. This service would increase the value of the modest grants and would leverage the incentive to generate higher-quality projects. 44 Denton Historic Preservation Plan Recommendation #2.5: Offer technical feasibility analyses for historic downtown commercial buildings. For property owners considering a commercial or income-producing building rehabilitation or an adaptive use project, and are applying for the Federal Historic Preservation Tax Credit program, the City could coordinate with the owners on an as-needed basis and prepare conceptual pro-forma analyses, through a consultant, to test potential reuse concepts. These initial feasibility assessments can help building owners consider creative development schemes or, even, new ways to use storefront spaces as overall demand for traditional retail space declines. The City should target this service to the larger historic downtown commercial buildings where tax credits would be more feasible to use as part of development financing. Recommendation #2.6: Offer design assistance to residential properties applying for the building improvement tax exemption. For home improvement projects or building changes, owners applying for the tax exemption must apply for a Certificate of Appropriateness from the Historic Landmark Commission. For owners not using their own architect, the City could offer design concept services to homeowners in designated historic districts planning a rehabilitation project. This will both improve the likelihood that the change will be approved and result in better design outcomes. Recommendation #2.7: Offer permitting fees and sales tax waivers to eligible preservation projects in the Downtown Denton area. For rehabilitations and building improvements requiring a Certificate of Appropriateness by the Historic Landmark Commission, the City could offer a waiver of permitting fees to incentivize adaptive use projects in Downtown or to encourage smaller-scaled rehabilitation and maintenance projects in the residential historic districts. A few cities also offer a waiver of city sales taxes on construction materials used for qualifying preservation projects. In Boulder, Colorado, for example, at least 30 percent of the materials must be used for exterior renovations. In Denton, the waiver would amount to a modest 1.5 percent, but could be granted automatically to projects awarded a Certificate of Appropriateness. In the Downtown, the waiver could be provided through an adaptive use overlay that may also relax other zoning and parking requirements to facilitate rehabilitation and adaptive use of key historic buildings. In other cities, a municipality may require a building owner, investor, or developer to seek historic preservation tax credits first before any waivers ager granted. Recommendation #2.8: Consider preservation easement donations as an incentive tool. An easement donation can be used to secure the preservation of a residential or commercial building façade. The easement is a legal agreement that donates the appraised value of the gift (the façade) to a nonprofit organization that serves as the steward. The donor is entitled to a one-time charitable deduction on their federal income tax. To be eligible for the tax deduction, the building must be individually listed in the National Register or be a contributing structure in a designated National Register Historic District. Recommendation #2.9: Explore the feasibility of establishing a home-repair loan fund or bank partnership. A loan program can help qualified owners of historic homes complete needed repairs. The property serves as collateral and the municipality may underwrite the loan directly, or it may partner with a bank and buy down the interest rate. As examples, the City of Boston underwrites and funds loans directly to homeowners; the City of Philadelphia administers its “Restore, Repair, Renew Program” in partnership with local lenders. Both of these programs are income-qualified. DRAFT Historic Preservation Plan 45 POLICY 2.2 FOR DECISION-MAKERS: SUPPORT THE CREATION OF ADDITIONAL HISTORIC CONSERVATION DISTRICTS AND OTHER TOOLS AND PROGRAMS THAT MAINTAIN THE LIVABILITY AND VITALITY OF DENTON’S HISTORIC NEIGHBORHOODS During public meetings and stakeholder interviews the following were expressed as places and neighborhoods worthy of being considered as Historic Conservation Districts. They are also identified in survey documents. • Idiots Hill Neighborhood • Bolivar Neighborhood • West of Downtown Neighborhoods • South of Downtown Neighborhoods • Hickory and Oak Street Commercial Areas Recommendation #2.10: Designate new Historic Conservation Districts in portions of the Woods and Bolivar neighborhoods. Past architectural and historical surveys identified the Idiots Hill (also known as Idiots Hill) and Bolivar neighborhoods as potential National Register districts, including five separate districts within the Woods. However, given field observations conducted as part of this preservation planning assignment, the far northeastern subdivisions in the Woods exhibits a higher level of integrity than the blocks to the southwest along Locust Street and University Drive. Therefore, the Historic Landmark Commission should consider, with consultation from the Texas Historical Commission, one cohesive Idiots Hill National Register Historic District. The remaining blocks could be designated as one Historic Conservation District. As with the Woods, the 2012 Bolivar Historic Resources Survey recommended the listing of the entire survey area as one potential National Register Historic District; however, given integrity concerns and the higher number of non-contributing properties along the blocks east of Elm Street, portions of the neighborhood may be more suitable as a Historic Conservation District. In addition, these areas were called out as neighborhoods with characteristics worthy of conservation during the community engagement process. Recommendations #2.11: Designate additional Historic Conservation Districts in West Denton and in neighborhoods to south of the Downtown. The Oak Gateway Area Plan identified a Historic Conservation District designation for portions of the West Denton neighborhoods adjacent and near the Oak-Hickory and West Oak Local Historic Districts (see Figure 8). The neighborhood blocks in this area contain a range of historic building resources in varying states of integrity and use with the relationship between old buildings and new development a priority concern among local residents. In addition to the Oak Gateway area, the residential blocks south of Denton along Prairie and Sycamore Streets contain a predominant number of Craftsman homes in varying states of condition and integrity. A Historic Conservation District in this area would help to maintain the housing stock within walking distance of the downtown commercial district. In addition, these areas were called out as neighborhoods with characteristics worthy of conservation during the community engagement process. Recommendation #2.12: Consider designation of the Hickory and Oakland Street commercial area as a Historic Conservation District. (Figure 8) The Hickory and Oakland Street commercial area directly to the east of Downtown Denton contains mostly one- part commercial-industrial buildings that have largely been converted to retail and dining and entertainment uses. While the area’s buildings have been sensitively rehabilitated and reused over the years, some alterations to existing buildings may preclude the district from being eligible to the National Register. It may, however, qualify as a Historic Conservation District due its cohesive and distinctive character. It still would be worthwhile for the City and the Historic Landmark Commission to consult with the Texas Historical Commission on potential National Register eligibility for the area. 46 Denton Historic Preservation Plan G R E E N W O O D D RE S H E R MA N D R W U N I V E R S I T Y D R M I N G O R DN B E L L A V E E M C K I N N E Y S TF R A M E S T R O B E R T S S T C H E R R Y W O O D L NN O R T H W O O DS A U L S L NP A L M E R D RF O W L E R D RN L O C U S T S T F O R E S T S T W O O D L A N D S T N B EL L A V EC R E S T W O O D P LR O B I N W O O D L NG L E N W O O D L N 3 R D S T S A W Y E R A V E C O N G R E S S S T 1 S T S T 2 N D S T W C O L L E G E S T N E L M S TN L O C U S T S T E O A K S T E H I C K O R Y S T E M U L B E R R Y S T W S Y C A M O R E S T B E R N A R D S TC A R O L L B L V DP I E R C E S T W H I G H L A N D S T S T R O U D S TB O L I V A R S T E M E R S O N L N E G A N S TA N N A S T C O N G R E S S S T C R E S C E N T S T H E A D L E E S T W E S T W A Y S T R U D D E L L S TI O O F S T S U N S E T S TM E S Q U I T E S TI N D U S T R I A L S T G R E E N L E E S T R U D D E L L S T Figure 7: Future conservation districts FUTURE CONSERVATION DISTRICTS C1 - C2 - C3 - C4 C5 N1 N2 Legend Conservation District Parcels Streets C1C2 C3 C4C5 DRAFT Historic Preservation Plan 47 Recommendation #2.13: Develop illustrated design guidelines for Historic Conservation Districts In special cases where a Historic Conservation District may contain distinctive property types, such as a Styled Ranch, or critical infill development design needs, an illustrated set of design guidelines for use in City and Historical Landmark Commission design review processes is key. By nature, conservation district design guidelines should be simple and straightforward in addressing design issues present in conservation districts. However, photos, line drawings and other images will help to accurately convey design goals and principles in conservation neighborhoods. It should be noted that Texas House Bill #2439 would limit local municipalities in the regulation of building materials. Recommendation #2.14: Target Community Development Block Grant, capital improvement, and other housing program funds to Conservation District reinvestment activities. The City of Denton has long-used its allocation of Federal Community Development Block Grant and other housing funds for housing rehabilitation activities. Consideration could be given to targeting a defined level of CDBG and housing funding in neighborhood conservation districts for design-appropriate rehabilitation and infill development opportunities that also meet programmatic objectives related to meeting local affordable housing needs. Recommendation #2.15: Maintain an inventory of vacant or deteriorating historic properties. The Historic Landmark Commission should create and maintain a list of vacant and deteriorating properties in the historic and conservation districts to determine and implement code enforcement and other intervention strategies. POLICY 2.3 FOR DECISION-MAKERS: ENCOURAGE ACTIVITIES AND INITIATIVES THAT INCREASE VISITORSHIP AND VISIBILITY TO DENTON’S HERITAGE ASSETS AND HISTORIC DISTRICTS. Recommendation #2.16: Develop specific Courthouse Square viewshed protection provisions within the Unified Development Code. Denton’s Unified Development Code permits exceptions to height standards in Mixed-Use Districts, including the Downtown Denton historic core only with a specific use permit and a viewshed study that determines whether any views to the Denton County Courthouse may be blocked by the additional height. However, this existing zoning requirement does not specify measuring points and boundary areas of a protected viewshed area. Ideally, the City should incorporate additional viewshed protection provisions within the Development Code that accurately defines a buildable zone envelop around the Courthouse Square with a defined origination point for that zone plane ― perhaps the front ground floor entrances of the Courthouse building. Horizontal and vertical angles emanating from these points will define the envelope in which height may restricted and reviewed. In addition, new construction beyond or outside of this envelope that protrudes into the viewshed or protected area and obstructs the view of the Denton County Courthouse shall be subject to review by the City staff and the Planning and Zoning Commission. Recommendation #2.17: Create a more comprehensive interpretive and wayfinding signage plan for Denton’s heritage sites. Existing stands and plaques in Quakertown Park and along Kerley Street in southeast Denton interpreting the African-American experience neighborhoods is a model interpretive effort that could be extended to other heritage sites and places in Denton, perhaps integrating wayfinding signage as part of the overall interpretive program. The City and the Historic Landmark Commission should develop the expanded interpretive program in collaboration with the Denton County Office of History and Culture and other partners. Recommendation #2.18: Market heritage sites on other websites and tourism facilities. The City and the Denton Convention and Visitors Bureau could incorporate heritage tourism information on their websites. The Discover Denton Visitor Center and the Denton County Courthouse Museum could also serve as locations for providing heritage tourism information and starting points for interpretive tours. 48 Denton Historic Preservation Plan Recommendation #2.19: Pursue preservation-based activities as part of the Denton’s downtown cultural district planning efforts. In 2019, the City of Denton applied to the Texas Commission of the Arts to receive designation as an official Texas Cultural District. Cultural districts are special areas where local efforts are concentrated to promote arts-based economic development and related cultural activities. Cultural districts also help advance historic preservation efforts, including the adaptive use and building rehabilitations that may support live-work spaces for artists, performance venues, and the reuse of spaces for various creative industries. The City’s application explored reuse of City Hall West as a potential cultural arts facility. The Historic Landmark Commission, the City, and other advocates for downtown, should collaborate on various cultural district planning that involves adaptive use possibilities. DRAFT Historic Preservation Plan 49 PROGRAM ADMINISTRATION A key element in any community preservation program is the management of processes related to landmark and district designation and design review — both administered by the Historic Landmarks Commission. The City’s Historic Preservation Ordinance currently governs designation and design review processes. Some refinement to the Ordinance is recommended to provide clarity to processes and to integrate preservation best practices. ISSUE SUMMARY Denton’s Historic Preservation Ordinance, incorporated as part of the Denton Development Code, requires review of all rehabilitation, maintenance and new construction projects located within Local Historic Districts. The Development Code also includes specific design review standards within each Local Historic and Conservation District, adopted as overlay zoning districts within the Development Code. The overlay zoning provides basic standards for rehabilitation regarding facades and materials, roofs, color, window, doors, and fencing that property must meet in order to receive a certificate of appropriateness from the Historic Landmark Commission. The standards could benefit with supplemental guidelines to help historic property owners on how to best meet the standards, whether through a more comprehensive update to the Development Code standards for historic districts or the creation of a separate design guidelines manual used primarily for educational purposes. At the time of this Historic Preservation Plan, the City prepared a design overlay for Downtown Denton, listed in the National Register of Historic Places, but not designated as a Local Historic District. The Historic Landmark Commission is currently not slated to administer the new overlay. Managing growth and business development in Downtown Denton while not impacting or sacrificing the integrity and authenticity of the National Register District is a key concern for the City of Denton and local preservation advocates and residents, especially given the loss of several Courthouse Square buildings due to a recent fire. Key Program Administration Entities Denton Historic Landmark Commission The Denton Historic Landmark Commission’s central mission is to preserve and maintain the City’s historic resources, historic districts, and landmarks. As empowered through the Denton Development Ordinance, the Commission recommends to the Planning and Zoning Commission and City Council buildings, structures, sites, districts, and areas to be preserved and designated as historic landmarks and manages a design review process for designated properties and districts. The Commission, along with the City Council, is responsible for maintaining the community’s CLG status. Planning and Zoning Commission The Planning and Zoning Commission’s principal responsibilities include providing direction and making recommendations to the City Council regarding Comprehensive Plan implementation, the Denton Development Code, long-range planning, zoning changes, platting, and other development-related policies. The Commission also reviews Local Historic District designations as overlays to the Denton Development Code and zoning map. Development Services Department The Development Services Department is responsible for preparing and implementing the Denton Plan 2030 and other small area plans, administering the Denton Development Code, overseeing building permits and code inspections, and implementing community development programs. The Department staffs the Historic Landmark Commission and various commissions and boards, including the Planning and Zoning Commission and the Zoning Board of Adjustment. Community Improvement Services Community Improvement Services manages the process and system for addressing property maintenance and code violations such as dilapidated buildings. Photo, left, courtesy the Denton County Office of History and Culture 50 Denton Historic Preservation Plan PROGRAM ADMINISTRATION GOALS, POLICIES, AND RECOMMENDATIONS GOAL #3: PROMOTE AN EFFECTIVE, WELL-MANAGED AND INTEGRATED MUNICIPAL HISTORIC PRESERVATION PROGRAM THAT FACILITATES THE PRESERVATION AND STEWARDSHIP OF DENTON’S ARCHITECTURAL AND HISTORICAL RESOURCES. POLICY 3.1 FOR DECISION-MAKERS: ENSURE EFFICIENT OPERATIONS AND SUPPORT FOR THE DENTON HISTORIC LANDMARK COMMISSION. Recommendation #3.1: Form advisory Historic Landmark Commission subcommittees to manage and implement various tasks related to survey and education efforts. Preservation commissions in other communities often form advisory subcommittees that recommend actions to the HLC such as survey and landmarking activities, and ongoing education and outreach efforts, such as an annual preservation awards program. A survey and landmarks subcommittee can help plan for future neighborhood survey initiatives, as well as generate the annual study list of potential districts and landmarks for recommendation to the HLC. A subcommittee for education and outreach programs may dedicate its time to preparing brochures and informational materials, organizing technical training workshops for local building owners, and finding partners and sponsors to work with the HLC on homeowner fairs and events taking place during National Historic Preservation Month in May. Recommendation #3.2: Maintain Denton’s Certified Local Government status. Denton’s designation as a Certified Local Government provides opportunities for securing matching grants for future survey and landmark and district designation activities. It also allows the City of Denton and the Historic Landmark Commission to participate in trainings and networking sessions with other preservation commissions sponsored by the Texas Historical Commission. The THC requires local participating communities to conduct ongoing survey, preservation planning, and designation activities to maintain their CLG status. For National Register landmark and district designation activities, the City of Denton and the Historic Landmark Commission should use CLG grants for professional assistance in nomination and report preparation. Recommendation #3.3: Conduct regular trainings and create orientation materials for new commissioners to the Historic Landmarks Commission. City staff and the Historic Landmark Commission should organize yearly orientation sessions for new commissioners focused on Commission procedures, design review processes, annual work planning, and the Historic Preservation Ordinance within the Denton Development Code. As part of the training, the City should prepare a binder or folder comprised of the Historic Preservation Ordinance, listings of Local and National Register Landmarks and Districts, subcommittee work plans, the annual landmark study list, survey report summaries, and the latest Commission- produced brochures and information materials. The city should also encourage commissioners to attend other preservation-related training sessions offered by the Denton County Office of History and Culture, the Preservation Texas advocacy organization, and the Texas Historical Commission. Recommendation #3.4: Maintain rules of procedure document. The Historic Landmark Commission currently does not have rules in procedure in place to assist in guiding Commission operations and Historic Preservation Ordinance administration, including various aspects of Commission officer duties; roles of subcommittees; and, processes for preparing and adopting historic preservation plans, surveys, and designation documents. Rules of procedure may be prepared as a separate policy document or integrated as separate provisions within the Denton Development Code. DRAFT Historic Preservation Plan 51 Recommendation #3.5: Adopt an annual Historic Landmark Commission work plan. Annually, the Historic Landmark Commission should work with the Historic Preservation Officer prepare and adopt a work plan of activities that guide landmarking and designation activities and other special projects related to surveys and advocacy and educational efforts. The work plan should incorporate the landmark and district study list along with specific tasks and projects to Commission subcommittees. Recommendation #3.6: Complete designation reports for landmarks and districts. In the designation of Local Landmarks and Districts, the City and the Historic Landmark Commission should prepare formal designation or nomination reports to document how a landmark or district meets Ordinance eligibility criteria, the architectural and historical significance of the building or district, and its existing integrity and overall physical conditions. This way, the Commission, the Planning and Zoning Commission, and the City Council will have a thorough, transparent public record for designation purposes. In some communities, previous National Register nominations may also serve as the basis for a local designation report. Local designation reports also serve as useful documentation and information for other property research, context statement development, and other designation efforts. POLICY 3.2 FOR DECISION-MAKERS: UPDATE, ADOPT AND IMPLEMENT PRESERVATION AND OTHER REGULATORY CODES AND MECHANISMS THAT SUPPORT THE PRESERVATION AND REUSE OF DENTON HISTORIC RESOURCES. Recommendation #3.7: Update the Denton Historic Preservation Ordinance to promote clarity in Certificate of Appropriateness procedures, Historic Landmarks Commission responsibilities, and demolition by neglect provisions, among other Ordinance enhancements. From time to time, a review and evaluation of the Historic Preservation Ordinance is necessary to ensure it is advancing community preservation goals and incorporates best practices in historic preservation planning. An assessment of Denton’s Historic Preservation Ordinance, using the Texas Model Historic Preservation Ordinance and other Texas community preservation ordinances as comparisons, was undertaken as part of this Historic Preservation Plan and a summary of key recommendations is made below. Included in Appendix 4 is the complete Denton Historic Preservation Ordinance with evaluation notes. Future updates should consider: • Expanding the list of roles of responsibilities of the Commission in regard to creating and using design guidelines, providing comments to the Texas Historical Commission on National Register nominations, recommending changes and modifications to Local Historic Districts, and clarifying its role as an advisory body to the Planning and Zoning Commission. • Defining the difference between contributing and non-contributing properties to Local Historic Districts. • Reorganizing parts of the Ordinance to provide more clarity in designation and design review procedures. In addition to these points, the City and the Historic Landmarks Commission should consider adoption of a demolition delay provision within the Historic Preservation Ordinance that would add a temporary layer of protection for properties identified and evaluated as architecturally and historically significant but not designated as a Local Landmark. A delay period could range a length of time from 60 to 180 days; a standard delay period is 90 days for most communities. The cities of Dallas and Fort Worth have demolition delay provisions within the ordinances. The purpose of the delay is to work closely with property owners on potential options to demolition, including potential assistance on property rehabilitation or sale. Specific historic resources that could be subject to the delay include properties already individually listed in the National Register of Historic Places or evaluated as potentially eligible for the National Register or Local Landmark designation as determined through surveys or other documentation activities. 52 Denton Historic Preservation Plan Recommendation #3.8: Prepare a set of citywide design guidelines manuals. The City of Denton and its Historic Landmark Commission has acknowledged the importance of maintaining the community’s historic character with the establishment and identification of Local Historic Districts, Landmarks, as well as Historic Conservation Districts. A unique feature of the Development Code is the establishment of unique sets of design guidelines for each Local District or Historic Conservation District. In the future, if the number of designated Local Landmarks and Districts and Historic Conservation Districts in Denton continues to grow over time, the City and the Commission may want to consider adopting a comprehensive, citywide set of design guidelines to facilitate predictable design review outcomes through consistent application of commonly-accepted preservation rehabilitation procedures. A city-wide set of design guidelines would likely address design review issues across all landmarks and districts in Denton: • Identification of common property types and architectural styles • Characteristic architectural features found for each style and property type • Recommended rehabilitation procedures for common architectural features, materials, roofs, and accessory buildings. • Appropriate in-kind replacement and alternative building materials • Property additions and infill development • Design issues related to Mid-Century and Ranch property types • Site design and landscape issues. With a citywide design guidelines manual, the City would no longer be required to create new guidelines and update the Development Code for each Local District when established — the Code can simply reference the citywide manual for Commission design review purposes. Illustrations, photos, and other line drawings can also make the manual more educational and informative to property owners planning a rehabilitation project. However, given that Historic Conservation Districts may serve a broader purpose than just regulating the exterior appearance of existing properties — addressing extensive infill development as a major focus of design review, for instance — warranting the continued need for more customized design guidelines in these areas. Recommendation #3.9: Prepare a more detailed hazard mitigation plan for historic resources in Denton. Local weather and hazard mitigation planning is conducted at the county level; in 2010, Denton County completed the Local Mitigation Plan to assess and identify predominant hazard events and their impacts on local communities, as well as provide key strategies and initiatives for addressing future hazards, such as flooding, fires, and tornadoes and other storm events. The Mitigation Plan’s goals and strategies focus on preventive actions, such as local planning efforts and ordinances to address issues around losses to properties during to repetitive hazard events, education programs to inform residents living near hazard-prone areas about proper mitigation measures, and on installing mitigation and sustainable design features to public facilities and infrastructure. However, the Local Mitigation Plan does not address historic buildings and districts in any detail. Going forward, the City of Denton and the Historic Landmark Commission should consider a partnership with Denton County, its Office of Emergency Services Department, the Office of History and Culture, and the North Central Texas Council of Government in the preparation of hazard mitigation plan and associated education materials related to landmarks and historic districts. Such a plan could address specific issues such as: • Site and staging areas for response equipment and personnel in or near historic districts • Debris removal and disposal sites • Planning for salvage • Damage assessments to landmarks and districts • Demolition permitting processes and criteria in case of disasters affecting landmarks and districts • Designating temporary housing sites • Prioritizing post-disaster recovery activities in historic districts DRAFT Historic Preservation Plan 53 The Commission can also address disaster planning for historic resources in Denton by integrating accepted procedures and treatments for preparing historic properties in advance of storm hazards in local design guidelines and in ongoing educational workshops. Recommendation 3.10: Adopt and implement a historic property deconstruction program. In 2016, Portland, Oregon, became the first city in the country to adopt a property deconstruction program requiring any property owner or developer seeking a demolition permit to fully “deconstruct” the building for material salvage, recycling, and reuse. The requirement applies to single-family housing and duplexes constructed before 1916 or is a designated historic landmark. Salvageable materials include doors, lighting, sinks, wood siding and trim, wood shake and metal roofing materials, windows, miscellaneous hardware, toilets, and various appliances, including furnaces, kitchen and bathroom cabinets, and wood stoves. Since Portland’s enaction of the ordinance, Milwaukee, Wisconsin has adopted similar requirements for all properties constructed before 1929 or located within a designated historic district. In other cities, such as Austin, Texas, similar ordinances require a percentage of all construction debris, whether rehabilitation or new construction, be diverted from landfills and recycled. The City of Denton and the Historic Landmark Commission could consider such an ordinance to encourage and facilitate building material re-use for housing rehabilitation projects. The City could establish a study committee to explore and evaluate the feasibility, need, and administration of such a program. 54 Denton Historic Preservation Plan DRAFT Historic Preservation Plan 55 Birdseye View of Denton 1883 © Augustus Koch EDUCATION AND OUTREACH A community that is engaged and informed about the advantages and benefits of historic preservation is a critical element to a successful historic preservation program at the local level. Engaged stakeholders can become investors in historic properties, involved citizens in neighborhood and commercial district revitalization, and effective advocates at the municipal level for appropriate preservation policies. Therefore, going forward, promoting the importance of historic preservation and the stewardship of Denton’s historic resources should be a high priority for the City, the Historic Preservation Commission, and its preservation partners. Opportunities should always be explored with entities, non-profit groups, and governmental agencies to forge new partnerships in preservation education and advocacy efforts. ISSUE SUMMARY Currently, the Denton County Office of History and Culture and the Denton County Historical Commission lead many preservation education, outreach, and advocacy efforts in the Denton community. The Office of History and Culture manages the Courthouse-on-the-Square Museum and Historical Park, an ongoing lecture series, activities during National Historic Preservation Month, guided tours, and a research room and a special collections archive. Beyond the County’s programs, the City of Denton and Historic Denton, Inc., also sponsor various tour activities and outreach initiatives. While local education and advocacy efforts are significant, local stakeholders recognize that developing broader support for preservation in Denton and providing additional technical assistance service to local residential property owners is needed. That will help change the perception that the Historic Landmarks Commission does not work with or assist local property owners. Preservation Partners The following are key or potential preservation partners, organizations, and entities in the City of Denton. Denton County Office of History and Culture Headquartered in Denton and established in 1969, the Denton County Office of History and Culture operates the 1896 Courthouse-on-the-Square Museum and the Denton County Historical Park. In addition to overseeing the Denton County Historical Society, they provide education and outreach to Denton County citizens, which includes the following programs: • Traveling Museum and Speakers Bureau ― presents information on historical topics for school children in grades 1-8. • Denton County Junior Historians ― provides an opportunity for high school students (grades 9-12) to work together to discuss and engage in local history in new and interesting ways. Members attend meetings twice a month on Tuesday evenings, volunteer at special events, and work together on group projects. • Tea and History ― is an open house held once a month at the Denton County Historical Park to provide education and answer questions. • Denton County Heritage Business Program ― promotes and recognizes longstanding businesses throughout the county that have been in operation for over 50 years. Businesses recognized in Commissioners’ Court receive a Heritage Business decal along with a framed copy of the resolution and a photo. Denton County Historical Commission The Commission’s goals are to preserve, protect, and promote the history of Denton County. Members are appointed by the Denton County Commissioner’s Court, and meetings are held monthly at the Denton County Historical Park (except for June, July, November, and December). The Commission works closely with the Texas Historical Commission. The Commission oversees the Denton County Historical Marker program, which provides recognition for significant buildings, structures, sites, and people within the county. 56 Denton Historic Preservation Plan Texas Historical Commission The Texas Historical Commission, located in Austin, is the state agency for historic preservation, which consults with counties, local communities, citizens, and organizations to preserve the state’s architectural, archaeological, and cultural resources. The Commission manages several programs including the National Register of Historic Places, the Certified Local Government program, the Recorded Texas and Antiquities Landmark programs, Federal Section 106 reviews and state archaeology protection programs. The Agency also reviews project applications for the Federal and State Historic Preservation Tax Credits. Denton Main Street Association The Denton Main Street Association is a 501 (c) 6 non-profit organization that works in cooperation with the City of Denton’s Economic Development Department to implement the Main Street Approach to traditional commercial districts revitalization. Since the Denton Main Street Association establishment, the downtown has seen storefront and building improvements, new business start-ups, new events and downtown marketing activities, a diverse business mix, and increased utilization of ground and upper-floor spaces. While the Downtown remains vibrant, work is still required to ensure quality infill development and adaptive use projects for some of downtown’s key properties. Preservation Texas Preservation Texas, based in Austin, is the statewide preservation advocacy organization; the organization manages several initiatives, including a statewide endangered properties list and an annual awards program. It also conducts a “preservation day” and “preservation summit” on important preservation issues when the Texas legislature is in session. Historic Denton, Inc. Historic Denton, Inc., is a local non-profit preservation advocacy organization. DRAFT Historic Preservation Plan 57 EDUCATION AND OUTREACH GOALS, POLICIES, AND RECOMMENDATIONS GOAL #4: INCREASE THE AWARENESS OF HISTORIC PRESERVATION BENEFITS THROUGH ONGOING OUTREACH AND EDUCATIONAL ACTIVITIES, YOUTH ENGAGEMENT, AND OTHER PROGRAMMING ACTIVITIES. POLICY 4.1 FOR DECISION-MAKERS: SUPPORT INNOVATIVE EDUCATION INITIATIVES THAT INFORM, ENGAGE NEW AUDIENCES, AND TELL THE STORIES OF DENTON’S MULTI- CULTURAL AND GENERATIONAL POPULATIONS. Recommendation #4.1: Create “crowdsourced” Denton history websites. Increasingly, many heritage organizations and preservation entities have turned to crowd-sourced-developed websites to collect archival information — photographs, newspaper clippings, and obituaries, for example — to engage and inform local Denton residents and stakeholders on the community’s history, historic buildings, and important people that shaped the city’s development and physical environment over time. Crowd-sourced heritage websites also helps facilitate volunteer involvement in archival information collection and posting, building a sense of community over the long-term between contributors and users of the information. Such websites could focus on different topic areas, such as Denton’s African-American story, the development of the Courthouse Square, the universities, or Denton’s historic neighborhoods. Ideally, however, one website could house information for any number of topics of interest to local stakeholders and entities. Key elements of a successful crowd-sourced website include: • Accessibility — data and archival information should be easily accessible form the website to the public. • Usability — uploading and contributing information to the website should be straightforward and require a minimal level of effort. • Attractive Design — websites that employ a consistent, clean, graphic-rich, and organized design are more likely to attract regular users. • Interactivity — functions that allow users to interact with the content, post comments, and subscribe to newsletters and updates from the website. • Content sharing — incorporating sharing functionality allows user to share information with those who outside the website’s community. • Current — the website is updated regularly and actively-managed. The City and the Historic Landmark Commission, the Denton County Office of History and Culture, the local universities, or other organizations and entities could potentially organize and manage such a website. In other cities, neighborhood associations have also sponsored and maintained crowdsourced history websites of their neighborhoods. Recommendation #4.2: Encourage public participation in crowdsourced community history storytelling activities. The objectives behind crowd-sourced history websites can also apply to public “storytelling” activities — for instance, temporary exhibits created from artifacts collected and donated by local residents or organized events that bring different generations together to share stories and memories, such as local Denton war veterans joined with high- schoolers to learn about Denton life during World War II, and the Korean and Vietnam wars. Another storytelling activity could involve the noted architect O’Neil Ford focused on interviews with those who knew, worked with him, or lived in one his Denton dwellings. The Historic Landmark Commission could partner with the Denton County Office of History and Culture, the Denton Main Street Association, and other entities on organizing such activities. 58 Denton Historic Preservation Plan Recommendation #4.3: Use social media and other digital technologies to promote Denton history and placemake public spaces. Social media such as Facebook, Twitter, and Instagram can be useful tools in promoting local preservation and education and advocacy activities. Some communities use Twitter or developed specialized smartphone applications to host question and answer sessions on historic home rehabilitation topics or how to access local incentive programs. Still other communities have produced digital projection shows displayed on empty downtown building walls or public plazas highlighting key figures and events in a local history. Recommendation #4.4: Create a Denton committee of young preservation professionals. Mentoring the next generation of preservation advocates and stewards of local history is a high priority for many communities. The Denton County Office of History and Culture organizes a Denton County Junior Historians program for high school students to work together on local history projects. Perhaps, this group’s activities could be expanded to include preservation advocacy efforts, networking activities, and annual social events to broaden its involvement among high schoolers as well as local university students and African Americans. The program could also be more formalized to include a base membership fee to underwrite activities, a bi-annual newsletter, discounts at local events, and a yearly awards program recognizing special volunteer contributions or project accomplishments. Recommendation #4.5: Create a construction trades training program focused on historic building rehabilitation. A local program focused on training the next generation of tradesman in preservation carpentry, window restoration, masonry repair, and other skills could pro-actively engage diverse youth in preserving places linked to the African- American experience in Denton. Such a program could be housed and managed within the construction engineering department of North Texas University with the City of Denton and the Denton County Office of History and Culture and other entities as program partners. Recommendation #4.6: Develop an Internet-accessible database for headstones in Denton’s historic cemeteries. Denton has several historic cemeteries – important cultural landscapes that tell the stories of Denton’s important citizens, including two municipal-owned ones, the Oakwood and IOOF cemeteries, as well as the Cooper Creek Cemetery located just outside the Denton city limits. These cemeteries could be a significant resource for those with genealogical interests. A headstone and grave markers inventory could be prepared and digitized in a database for internet access, linked to the websites of the City and Denton County Office of History and Culture. DRAFT Historic Preservation Plan 59 POLICY 4.2 FOR DECISION-MAKERS: PROMOTE THE USE OF EXISTING PROGRAMS AND TOOLS TO EDUCATE THE PUBLIC ON HISTORIC PRESERVATION’S BENEFITS AND ADVANCE COMMUNITY PRESERVATION GOALS. Recommendation #4.7: Improve visibility and awareness of tax exemption program to increase participation. Typically, two to three projects per year are approved under the existing tax exemption program. Currently, the ordinance establishing the tax exemption for improvements to “historically significant sites” (City Code §10-133) is not mentioned on the City’s website — an interested citizen would have to gain knowledge of the program by word of mouth or by reading the Denton Development Code. The City could market the program through downloadable PDF brochures from the City’s historic preservation website page or through other news and social media channels. Recommendation #4.8: Increase awareness and use of Federal Rehabilitation Tax Credit. This program, established in 1976, offers a 20 percent tax credit off the bottom line of qualified rehabilitation costs for rehabilitation of a National Register-listed, or eligible, commercial building. In Texas, it is administered by the Texas Historical Commission. The tax credit is best suited to larger commercial buildings in downtown Denton; however, it has seen no use in recent years. The Denton Historic Landmark Commission and the Development Services Office should promote and target the tax credit to downtown properties that could best take advantage of the incentive. Recommendation #4.9: Include additional historic preservation information materials in the City of Denton website. In addition to information on incentives, the City’s historic preservation website page should include other downloadable information pieces, including design guideline publications, nomination and designation reports, workshop and training announcements, and the Denton Historic Preservation Plan, and links to other community plans and planning documents. Recommendation #4.10: Create a marketing plan to encourage additional Local Landmark designations. An annual landmark designation study list, consisting of properties determined significant through ongoing survey and documentation work, should serve as the basis for targeted outreach and marketing efforts in encouraging new Local Landmark designations. For instance, a Local Landmarks study list subcommittee of the Historic Landmark Commission, could develop and mail a designation benefits brochure or conduct a workshop on the designation process to property owners. Some form of ongoing marketing and outreach should result new property owners willing to learn more about the opportunities for local landmarking. Recommendation #4.11: Provide training to local realtors and bankers. Training programs that educate local realtors and bankers on City of Denton historic districts and preservation procedures, available incentives, and overall preservation benefits will provide them the necessary knowledge to inform prospective home buyers. Realtors and bankers are key intermediaries in the sale and disposition of historic properties and should be aware of preservation’s benefits to the value of homes and neighborhoods. The City of San Antonio Office of Historic Preservation offers an annual certification training to local realtors and developers. 60 Denton Historic Preservation Plan HISTORIC PRESERVATION AND SUSTAINABILITY The City of Denton and its Historic Landmark Commission have acknowledged the importance of maintaining the community’s historic character with the establishment and identification of Local Historic Districts, Landmarks, and a previous Conservation District. Subsection 4 of the Denton Development Code regulates construction activities in these neighborhood areas. Section 2.9.2.A.10 of the recently adopted Denton Development Code insightfully encourages the use of sustainable practices in design. This concise section calls for referencing the Secretary of Interior’s Guidelines on Sustainability for Rehabilitating Historic Buildings as a guide for decisions. This reference provides the Historic Landmark Commission, the Historic Preservation Officer, citizens, and all applicants substantial guidance regarding what may be permitted and how to approach the application of renewable technologies. In addition to elaborating upon sustainable design approaches, this section also provides recommendations on revising and expanding upon existing Local Historic District and Historic Conservation District design guidelines for the City of Denton. Published, illustrated design guidelines often serve as an important educational tool for historic preservation commissions nationwide when working with property owners and community stakeholders and ideally should incorporate additional guidelines on how to balance green building improvements with sensitive rehabilitation of historic properties. INHERENT HISTORIC BUILDINGS SUSTAINABLE DESIGN FEATURES IN HISTORIC BUILDINGS Historic buildings have design and architectural features that are typically environmentally friendly and inherently sustainable. Designed and constructed in an era before air conditioning, these buildings were originally designed on a low-energy budget, in fact there is a saying in preservation circles – “the greenest building is one already built.” When property owners plan for building rehabilitation and energy efficiency improvements, consideration should be given to maintaining and enhancing such features. Building Materials Most historic buildings that were constructed during the 19th and early 20th centuries were built with durable materials, such as stone, brick, and dense hardwood, that were meant to stand in place and last for decades or even centuries. These historic materials have proven their durability by surviving to this point and are likely to prove more durable than modern construction materials installed today. Masonry Walls Many historic buildings were designed with thick masonry walls to help with interior temperature regulation. Such walls trapped heat inside during winter months while maintaining cooler temperatures during warmer months. Stone historic building © Eater San Francisco Brick historic building © Curbed Atlanta DRAFT Historic Preservation Plan 61 Windows Windows were originally designed to be operable so that both sashes could be moved to circulate air to a building’s interior. For example, opening the top sash of a typical double-hung window allowed warm air to circulate from the interior ceiling outside. Opening the bottom sash of window on a shady side of room allows cooler air to circulate inside. Ceiling fans can also aid this air circulation pattern. Maintaining the operations of such windows can certainly help in lowering air conditioning bills in the summer. Porches, Awnings and Overhangs Shading elements provide significant energy efficiency for historic buildings if they are properly installed and maintained. Some of the heat is absorb in the building flooring, which may be radiated back into the interior space as the building cools in the late afternoon and evening. Retractable awnings can be rolled up during winter months when sunlight and heat are desired within the building and rolled back down when shading and cooling is desired during the summer. Skylights, Clerestories, and Recessed Entrance-Ways Transom windows, clerestories and skylights provide natural light into a building, which can save on lighting costs. Recessed entrance-ways help to prevent cold or hot air from entering a business when the door is opened. Skylights Original windows Original windows 62 Denton Historic Preservation Plan ALTERNATIVE ENERGY SYSTEMS Before considering the installation of alternative or renewable energy sources, one should first attempt to minimize the energy load of a building – the least expensive power for a building is the power that does not need to be purchased, a “negawatt” as it were. Before estimating the energy load for a building, ensure to integrate building envelope improvements, weather-stripping, landscaping, and other energy improvement strategies, in order to minimize the anticipated load. Solar PV Photovoltaic systems (solar PV) convert the sun’s energy directly into electricity. Increasing in popularity, the cost per kilowatt of solar power has been steadily declining, while the efficiency of these systems has been rising, with standard systems over 20 percent efficient and newly discovered technologies driving the efficiency of experimental panels up towards 50 percent efficiency. The installation of PV systems can present several challenges to historic properties and historic districts – cost and visibility. The cost of these panels is frequently prohibitively expensive, although prices have been declining and there are now a number of funding mechanisms to support the purchase, installation, and operation of solar panels. These panels can also be very visible, as the panels need to face in a southern direction. This visibility can create problems in historic districts as they typically do not blend in with the existing architecture. Clear guidance from the Historic Landmark Commission, detailing appropriate treatments and placement, can encourage the installation of this alternative energy source while minimizing impacts to the historic context of the community. Technical Guidance from the National Park Service regarding conformance with the Secretary of the Interior’s Standards can be found here: https://www. nps.gov/tps/sustainability/new-technology/solar-on- historic.htm The National Alliance of Preservation Commission has published model language for Design Guidelines that can be found here: https://www.growsolar.org/ wp-content/uploads/2015/08/Sample-Guidelines-for- Solar-Systems-in-Historic-Districts.pdf Examples of design guidelines for solar panels in historic districts that have been implemented can be found here: Baltimore City Historical and Architectural Preservation Review Design Guidelines: 1.15.1 SOLAR PANELS The City of Baltimore Historical and Architectural Preservation Commission encourages the use of sustainable technology, including the use of solar panels, where the installation is sensitive to the historic nature of the building and its setting. Install new solar panels where they are least obtrusive, do not damage historic fabric, and are not visible from the street. • Do not install solar panels where they can be easily seen from the street. When panels are placed on buildings, locate panels on flat or rear sloping roofs. Select panels that are low in profile and small in scale. • When panels are located in a yard or landscape, panels should be screened to minimize visibility. Do not alter character-defining features of the landscape. For more information, see Chapter 4: Design Guidelines for Historic Landscapes. • Do not damage or remove historic fabric when installing solar panels. Install panels on nonhistoric buildings and additions whenever possible. Solar farm DRAFT Historic Preservation Plan 63 Solar Thermal Solar thermal systems use the sun’s energy to make hot water. Solar thermal is a more mature technology than solar PV, with lower cost per kilowatt and an efficiency that can exceed 70 percent. Solar thermal panels also present several challenges to projects in historic districts– visibility and usefulness. Similar to solar PV systems, solar thermal panels can also be very visible on low-rise buildings as roof-mounted systems must face south, creating challenges for historic districts and properties. Depending on the use of the building, there may also be a problem finding a use for large quantities of hot water, especially during the summer months. Uses such as restaurants can take advantage of large quantities of hot water produced by the panels, while residential and commercial office spaces may not have any need for significant quantities of hot water throughout the day. Wind Wind power is another form of renewable power that has recently gained favor, especially in larger ‘utility scale’ installations that are, unfortunately, not appropriate for historic districts. When contemplating the installation of a wind turbine, there are several variable to consider. First, most wind turbines cannot be mounted onto existing buildings as most buildings are not designed to resist the lateral loads that wind turbines can place on a structure. Second, wind turbines are not a traditional element in most historic districts and may look out of place or cause concern for historic districts, although it may be appropriate to place smaller scale wind turbines away from a structure on a secondary elevation. Third, and perhaps most importantly, one should confirm that there are sufficient prevailing winds to power a turbine. Many parts of the country simply are not windy enough to make wind power practical. Geothermal/Geo-Exchange Geo-exchange systems (sometimes referred to as geothermal systems) take advantage of the naturally constant temperature of the earth, providing heat in the winter and cooling in the summer by using a ground-source heat pump. Geo-exchange systems should not be confused with true geothermal systems that take advantage of much higher temperatures in geologically active areas such as Iceland. Geo-exchange systems can be a good choice when there is sufficient land available with the appropriate soils to support the installation of the wells required. Geo- exchange systems tend to have minimal visual impact to the exterior of historic properties and districts. Historic building with solar panels 64 Denton Historic Preservation Plan BUILDING ENVELOPE IMPROVEMENTS While not always specifically discussed in design guideline documents, the majority of building envelope improvements to historic buildings can be made with minimal to no visible alterations to the building, it is important to educate historic property owners regarding the importance of understanding the implications of any proposed alterations to the existing conditions. Inappropriate renovations, alterations or additions can actually do incredible damage to an historic structure if the effects of these alterations are not understood. The goal of building envelope improvements is to reduce heat transfer, which can mean transfer from inside a building to the outside during winter or from outside to inside during summer. It is also important to remember that heat can be lost (or gained) through any exposed surface and that the rate of heat transfer is tied to the temperature differential between inside and outside. What this means is that one can lose or gain heat through all exterior building elements – roofs, wall, windows, doors, and floors. Before undertaking a comprehensive rehabilitation project, it is a good idea to understand where the “weak links” in the building envelope are and how a building consumes energy, in order to prioritize where improvements should be made. Consulting an architect, energy modeler, mechanical engineer, or energy consultant is an excellent idea. Roofs Starting from the top down in a building, the first thing to consider is the roof. In unimproved low-rise buildings, roofs are frequently also the largest source of heat loss. There are many variables to consider when studying a roof (repair versus replace, type of roofing system, life-cycle cost, etc.) that are beyond the scope of this document. However, the two primary considerations from an energy conservation perspective are insulation and color. When re-roofing it is typically better to specify a light-colored or “cool roof” instead of a dark colored roof, as the unwanted heat gained during the cooling season is usually greater than the desired heat gain through the roof during the heating season. Light colored roof systems can also have a greater lifespan because the reduced temperature differential (dark roofs can heat up to nearly 200 degrees Fahrenheit while light roofs may only heat up to 120 degrees Fahrenheit, at the same time while the interior temperature is a conditioned 75 degrees Fahrenheit or so) reduces thermal stresses on the roof assembly. In reducing the heat gain through a roof assembly, not only is one reducing the thermal stress of the roof assembly, but also significantly reducing the heat gain that can be radiated into the building interior, which translates directly to reduced mechanical loads, and potentially significant financial savings. • Sloped Roofs - Sloped roofs can be composed of many materials, including wood shakes, slate, clay tile, metal, and most common now, asphalt or composite shingles. Insulation is typically installed below the roof deck within the attic or joist space. Although insulation can be installed on top of the roof deck, below the shingles, this can lead to odd roof profiles and terminations at eaves. When selecting an appropriate roof for an historic building one should look for physical or photographic evidence. Once a material has been selected, there are some sustainable alternatives. Metal roofs and composite shingle roofs are available as “cool roofs”, where even though the roofs have color that is visible to the eye, the roofs are highly reflective to the infrared and ultra-violet ranges of the spectrum and therefore do not heat up as much, as most of the solar radiation is reflected rather than absorbed. • Flat Roofs - Flat roofs will typically have either a built-up or single-ply membrane roof over rigid insulation over the roof deck. When re-roofing one can install additional insulation, typically either polyisocyanurate or polystyrene. Polyisocyanurate insulation has better thermal performance (a higher R-value per inch) but is usually more expensive than polystyrene insulation. As for material selection, a white TPO (thermoplastic olefin) or PVC single-ply roof is preferable to a black EPDM roof, while a modified bitumen roof with a light-colored cap sheet is preferable to a dark cap sheet or hot-mopped asphalt built-up roof system. • Green Roofs - In many situations green roofs are an excellent alternative. While green roofs can be installed on up to a 7:12 pitch, roofs with minimal slope are typically better candidates, both in terms of stability as well as visibility – green roofs could be viewed as altering character defining elements on an historic building. Make sure to consult with a structural engineer if interested in pursuing a green roof. Older roofs frequently do not comply with current structural load requirements and may have undersized structural members that cannot support current snow load requirements, much less the additional 20 plus pounds per square foot associated with the plants, growth media and moisture associated with vegetated roofs. DRAFT Historic Preservation Plan 65 Walls When contemplating how to improve a wall’s energy performance, it is important to pay careful attention to building physics. Remember, it is not just conduction, but convection and radiation as well that can affect how a wall performs. Insulation versus Air Infiltration While it would appear clear that adding insulation should help the thermal performance of a structure, what may not be as clear is the importance of reducing air infiltration as well. Air and moisture can move through an apparently solid wall, migrating through small gaps and cracks in the wall, and as air moves through the wall it carries heating (or cooling) with it, forcing the building mechanical system to make up for this lost energy. Insulation There is a variety of insulation systems that can be incorporated into older buildings. Each type has its own positive and negative attributes; the challenge is to select the correct insulation for a specific application and budget. • Closed-Cell Foam - Closed-cell foam insulations tend to perform well, with an R-value greater 6 per inch typically. They tend to be denser, weighing 1.75-2.25 pounds per cubic foot, with very low vapor permeability. Closed-cell foam also tends to be more rigid and expensive than similar open-cell foams. • Open-Cell Foam - Open-cell foam insulations have lower R-values than their closed-cell brethren, with R-values hovering in the 0.4-1.2 pounds per-cubic foot range. They can provide an air barrier when installed to the depth of the wall, however these foams do have a higher vapor-permeability than closed-cell foams, therefore it is very important to study the potential condensation points in a wall assembly to confirm that water vapor will not condense within the insulation. These foams tend to be lighter, more flexible, and less costly than closed-cell foams. • Fiberglass - Fiberglass insulation comes in either batt or blown-in form. With a proven track record, fiberglass is still the first choice of many owners and contractors. With an R-value of 2.5 per inch for blown-in fiberglass to 3.5 for fiberglass batts, fiberglass has a thermal efficiency similar to that of open-cell foam or cellulose. However, there are several concerns regarding fiberglass that should be taken into consideration. Fiberglass does not provide an air barrier, and with high vapor permeability can allow moisture to condense within the insulation, compromising the thermal efficiency and creating conditions suitable for mold growth. While easy to install, batt installations can have gaps that allow for thermal bridging and a reduction in thermal efficiency. • Cellulose - Blown-in cellulose is an increasingly popular type of insulation. Composed of wood fibers (frequently recycled shredded newspapers) mixed with borate as a preservative, cellulose provides an R-value of 3.5 to 4.0 and can serve as an air-barrier, especially in its dense-pack form. • Rock Wool/Mineral Slag - Rock wool and mineral slag are produced from blast furnace slag and natural rock and comes in a variety of forms – loose, batt and rigid boards. With an R-value of 2.8-3.7 this material has insulating properties similar to open-cell foam, cellulose, and fiberglass. The material is inert, does not absorb water and offers good resistance to flame spread. Vapor Barriers Before making any changes to the insulation in a building, it is critical to understand how much moisture moves through the wall. One way to control this movement is through the use of a vapor barrier. If air movement is allowed through the wall assembly, it is possible for the condensation point for warm, moist air to fall somewhere within the wall cavity. If this happens with open cell foam or batt insulation it possible that the moisture will condense within the insulation, severely compromising the materials thermal properties, and setting up the potential for mold or mildew forming within the wall assembly. 66 Denton Historic Preservation Plan Doors and Windows The first step to improving the performance of doors and windows is to make sure that the units close tightly, all weather stripping is in place, and that the surrounding frame is sealed as well. These simple measures can dramatically reduce the air infiltration through and around windows and doors, lowering the heat loss/heat gain from the units. Storm panels can be added to the interior or exterior of windows and doors that can bring the energy performance of an existing original feature up to par with a new unit, with the added benefits of authentic material and repairability. If existing windows are missing or too badly damaged to repair, then consider replacing the windows with a similar material (wood for wood, steel, or aluminum for metal, etc.). Frames should be thermally broken to reduce direct transmission through the frame and use double or triple-paned insulated glazing units with a low-emissivity coating and possibly filled with an inert gas such as argon. It is important to view wall systems comprehensively – a wall is as efficient as its weakest element. It doesn’t make much sense to make a significant investment in the thermal performance of a wall, only to see all of the energy savings flow out through poorly maintained windows and doors. • Doors – one of the simplest tests for a door is to look at the door from the inside during the day – if you can see daylight anywhere around the door’s perimeter, energy is being lost and weather-stripping should be considered. If additional information is needed, a blower door test can be performed to study the air loss from around the door. • Windows – It is critical to remember that older, historic windows do not need to be replaced to create an energy efficient building. All too often, perfectly good windows are removed in the name of energy savings, while the truth is that with a few minor adjustments and repairs to reduce the air infiltration around the window’s sashes and proper sealing of the frame, old windows, combined with a storm panel, can be as efficient as new insulated windows – at a fraction of the cost while maintaining this charm of the historic windows. Historic windows © Ottawa Historic door © Historic Doors DRAFT Historic Preservation Plan 67 Awnings and Canopies In the blur of new technologies, it can be easy to forget time-tested, simple measures that can help save energy. Awnings and canopies, when appropriate to the building, can all be utilized to reduce solar heat gain during the cooling season by shading the building interior from direct sun. Canopies should be sized to allow low-angle winter sun to shine into the building and heat the interior surfaces. Awnings can be taken down during cooler months, and operable awnings can even be furled in the evening to provide better views into storefronts once the sun has gone down. Other simple measures can also help cut energy loads, such as using blinds or shades in windows to reduce solar loading and installing ceiling fans in high-bay spaces to provide air movement during the cooling season and force warm air down to occupied zones during the winter months. On Grade and Below Grade Areas While it can be easy to forget heat lost through ground that is typically 55 degrees Fahrenheit in the middle of a cold winter, the floor plane can still be a potential source for energy savings, especially over crawl spaces that are partially above grade. • Slab on Grade - With an existing concrete slab-on-grade, there is not a lot that can be done unless the entire slab will be removed and replaced. There will be a continuous transfer of heat to the soil below, however the perception of cold floors can be mitigated either through the selection of flooring materials that can offer some insulating properties (or at least not “feel” cold), or if a new floor is to be installed on top of the existing slab a radiant heat system can be installed. If by chance a new slab is called for, then rigid insulation should be installed beneath the new concrete slab. • Crawl Space - Crawl spaces provide a challenge – frequently difficult to access and with requirements for ventilation, a significant amount of heat can be lost through a floor over a crawl space. Insulation can typically be installed below a floor to isolate inhabited space from the crawl space. When doing so, one should make sure that no piping or ductwork protrudes below the insulation membrane. While it is clear pipes can freeze, what is not as obvious is the amount of energy that can be lost through improperly insulated ductwork in a crawl space. As with slab on grade conditions, radiant floor systems are also a potential way to keep floors from feeling cold. • Basement - When considering improvements to basement areas, one can install insulation along the perimeter walls if they are to be furred out. Rigid foam insulation can be a good choice at these locations because higher R-values per inch of insulation can allow for shallower furring studs, and because rigid foam insulation is less likely to be affected by moisture that may be present around foundation walls. What is important to recognize is the gap formed where floor joists bear on top of a foundation wall – it is very important that this area receive insulation, lest the gap allow for a “short circuit” in the building envelope with significant energy loss as a result. Awning © Mount Pleasant Awning © Mount Vernon 68 Denton Historic Preservation Plan Energy Systems Mechanical There are a variety of mechanical systems available that can dramatically reduce energy consumption in older buildings. It can be a daunting and complex process to select the appropriate mechanical system, and different size buildings with different uses will require different selections. Because of this it is best to consult with a mechanical engineer, contractor or architect who can help identify the right system for a specific project. When selecting a system, one should consider the initial cost of installation, the lifecycle operating costs (what is the payback), ease of retrofitting in existing buildings, access to district energy systems and the availability of tax credits and other government incentives at the local, state, and federal levels. One should also consult with the local utility to confirm if there are any incentive or rebate programs available through the utility. No matter what mechanical system is ultimately selected, one should install a Building Automation System in larger projects, or at least provide programmable thermostats in smaller installations. For a very modest cost these devices can dramatically cut heating and cooling bills by allowing temperatures within the space to vary above or below the human comfort zone when the building is unoccupied. Electrical and Lighting There are numerous ways to reduce electrical consumption in renovations to historic structures. One of the simplest ways is to replace standard incandescent light bulbs with compact fluorescent bulbs. This may not be appropriate where a bulb is exposed and is a decorative element in a light fixture, but even so there are compact fluorescent bulbs that have a shroud around them that make them appear as an incandescent bulb. One caveat with compact fluorescent bulbs is that specialty fixtures and/or dimmers may be needed if dimming capability is required. Light Emitting Diodes (LEDs) are also becoming very popular. Currently much more expensive than incandescent or fluorescent fixtures, LED prices have been dropping rapidly, consume less power than fluorescent fixtures, generate less heat and have very long lamp lives, making them good candidates for remote or difficult to reach locations. The color rendition index (CRI) of LEDs has also greatly improved over the past decade. There are many other electrical upgrades that should be contemplated, such as replacing magnetic ballasts with electronic ballasts, daylight dimming and occupancy sensors, variable frequency drives for mechanical equipment, “soft-start” motors the reduce peak voltage requirements for large equipment like elevators, and automatic shutoff of lighting at night. All of these items can contribute to substantial reductions in electricity consumption, but so can simple measure like allowing desktop computers to go into a power saving “sleep” mode. Appliances In the greater scheme of a building renovation it may not seem to be that big of a deal, but simply specifying Energy Star rated appliances can significantly cut down on a building’s energy consumption. Energy Star ratings can be found for: clothes washers, dehumidifiers, dishwashers, freezers, refrigerators, room air cleaners and purifiers and water coolers. Energy Recovery Ventilators are an easy way to save energy while improving the indoor air quality of an older building. Older buildings were constructed under the assumption that a reasonable amount of air leakage through the building envelope would allow for some replenishment of stale indoor air and moisture to migrate out of the building. If one seals up a structure tightly to dramatically reduce air infiltration this can lead to “stale air” and in extreme circumstances, sick building syndrome. On large scale commercial buildings Energy Recovery Ventilators recover the heating or cooling (depending on the season) and transfers the energy and humidity from the exhaust air to the outside air ducts, pretreating the incoming air and reducing the amount of energy required to temper the make-up air. In smaller buildings Energy Recovery Ventilators can take the place of traditional bathroom exhaust fans, pulling air out where needed and tempering the relief air in a unit that can run continuously. DRAFT Historic Preservation Plan 69 SUSTAINABLE DESIGN AND DESIGN GUIDELINE DOCUMENTS In some communities, design guidelines may include energy efficiency improvements, often focusing on weatherization techniques. To encourage additional energy efficiency improvements to a district’s historic buildings, design guideline documents should be revised and updated to incorporate the latest topics and information related to sustainable and energy efficiency enhancements. Such topics may include the installation of new HVAC and energy generating systems, such as windmills and solar panels, green roofs, new “green” building materials, comprehensive weatherization techniques, lighting, and facade improvements. Information could be organized as separate chapter of an existing set of design guidelines or incorporated within existing chapters related to building materials and maintenance and façade improvements. New incentives to encourage such improvements and additional information resources should also be included within the guidelines document. Existing Building Design Guidelines Principles When developing an energy efficiency chapter or elements within a set of downtown guidelines, consider the following: • Conservation of Existing Materials. Most historic district design guidelines should already stress the maintenance and rehabilitation of existing building materials, as expressed in Standards 2 of the Secretary of the Interior’s Standards for Rehabilitation. Additional language could be added as part of an energy efficiency chapter that reinforces the need to maintain original materials not only for their importance to the overall architecture and character of the building, but also for their environmental value as “embodied” energy. • Inherent “Green” Building Features. Develop a brief section describing the inherent “green” features of historic buildings such as operable windows, tall ceilings, and ceiling fans that moderate temperatures inside and the embodied energy represented in the construction of the building and its materials. This section can help reinforce to downtown property and business owners that existing historic building features should be maintained to enhance a building’s energy efficiency. • Weatherization. If a weatherization section is not included within an existing set of guidelines, one should be developed focusing on reducing air infiltration through several techniques including caulking, weather-stripping, and adding insulation. Clearly, doors and windows should priority attention for weather-stripping and caulking. Attics, basements, and crawl spaces should be adequately insulated. Specific language should be added to ensure that the caulking used should be clear in color or match the color of the existing building materials. • Inappropriate Alterations. Over the years, building facades and storefronts in many historic districts were significantly altered and lost many of their inherent green features mentioned above. Uncovering storefront transom windows and removing dropped ceilings are typical actions that could be undertaken to reverse alterations and improve energy efficiency. These actions may already be addressed in other areas of the design guidelines, such as sections on façade and storefront rehabilitation procedures, but their energy efficiency dimensions should be emphasized where needed. • Windows. Maintaining or replacing windows in historic buildings can be significant issues often faced by Design Committees when working with building owners. Design guidelines should emphasize the maintenance and repair of existing windows, with the installation of appropriate storm windows, as methods for preserving historic windows and promoting energy efficiency. These actions may already be addressed in other areas of the design guidelines, such as sections on façade and building material rehabilitation, but their energy efficiency dimensions should be emphasized where needed. • HVAC Equipment. There are many options today for building owners to install new heating, ventilating and air conditioning equipment to save on energy costs. Newer gas-fired energy efficient roof units are available along with boilers that are smaller and take up less space. Design guidelines should provide general recommendations on locally available HVAC systems rather than recommending one type of system over another, since each building is different in its size, building materials and orientation. Design Review Committees should consult with local contractors about the availability and appropriateness of certain systems over others. In regard to roof- mounted systems, specific recommendations should be made to ensure that such systems are installed behind roof parapets or to the roof rear. 70 Denton Historic Preservation Plan • Energy Systems. Solar panels and wind turbines are the two most common on-site energy systems, although solar panels may be the most appropriate system for historic districts. Design guideline language should specify that solar panels be placed behind parapets and/or to the building’s rear elevation. In the case the roof is not flat and has a shed of hipped form, solar panels should be placed on the real rook elevation that is not in public view. In contrast to solar panels, wind turbines may not be as easily accommodated in historic districts since they can be more easily seen at ground level and along viewsheds. Turbines can also vibrate and cause damage to building masonry and mortar. If turbines are to be encouraged, specific design guidelines should recommend they are installed to a building’s rear, or garage or ancillary structure, and have minimal visual impact in the district. Wind turbines are getting smaller and are designed in interesting shapes, such as airplanes, small windmills, and bicycles. Pictures or images of such windmills could be included in the design guidelines. • Green Roofs. Much like solar panels, green roofs can lie flat and behind roof cornices and parapets. Guidelines should recommend that green roofs, especially those installed as planter boxes, be installed behind parapets so they are not visible from public view. • Rain Barrels. Found more frequently in residential districts, rain barrels could be incorporated into design guidelines by specifying where they should be placed. For example, rain barrels should be placed to the rear or alley-side of a building rather than along the front and sidewalk. Green roofs © Iowa DRAFT Historic Preservation Plan 71 IMPLEMENTATION MATRIX GOAL 1 Document, inventory, and preserve Denton’s significant historic, cultural, and architectural resources. POLICY FOR DECISION MAKERS RECOMMENDATIONS IMPLEMENTATION TIMELINE PRIORITY SCALE PARTNERS Policy 1.1: Conduct on- going field surveys and documentation efforts as a basis for designating future historic and conservation districts and individual landmarks Recommendation #1.1: Survey and inventory Denton’s Post-World War II residential neighborhoods and subdivisions developments. Ongoing HIGH DCOHC, Other Partners Policy 1.2: Seek a diversity of funding sources for survey and documentation efforts undertaken by the City of Denton. Survey Area 1 - Hercules Lane- Windsor Court 4-10 years MEDIUM DCOHC, Other Partners Survey Area 1 - Hercules Lane- Windsor Court 4-10 years MEDIUM Survey Area 3 – West Denton Neighborhoods 1-3 years HIGH Survey Area 4 – Withers Street- Mingo Road 1-3 years HIGH Survey Area 5 – East Denton Neighborhoods 4-10 years HIGH Survey Area 6 – Highland Park Road 4-10 years MEDIUM Survey Area 7 – Southridge Subdivision 4-10 years HIGH Recommendation #1.2: Update the inventory of documented historic resources located on the University of North Texas and Texas Woman’s University campuses. 4-10 years HIGH Recommendation #1.3: Conduct a reconnaissance level survey of Denton’s extraterritorial jurisdiction and undeveloped areas within Denton’s corporate boundaries. 1-3 years HIGH Recommendation #1.4: Secure additional CLG grants and other sources of funding for additional survey and documentation work. Ongoing HIGH The City and the Historic Preservation Officer will lead implementation of Historic Preservation Plan recommendations working with the partners listed in the matrix. DCOHC: Denton County Office of History and Culture; DCOEM: Denton Office of Emergency Management; DCVB: Denton Convention and Visitors Bureau; Other Partners - educational and religious institutions, foundations, civic organizations, other preservation advocates at the local, regional, state, and national levels. 72 Denton Historic Preservation Plan Policy 1.3: Prioritize and designate eligible buildings and areas for potential landmarks and historic districts, especially for listing in the National Register of Historic Places. Recommendation #1.5: Pursue National Register of Historic Places listing for eligible neighborhoods and existing Local Historic Districts. Ongoing HIGH Other Partners Recommendation #1.6: Explore potential boundary expansion of the Oak-Hickory Local Historic District south of Hickory Street. 1-3 Years HIGH Other Partners Recommendation #1.7: Conduct research and determine eligibility of additional Recorded Texas Historic Landmarks in Denton. Ongoing MEDIUM DCOHC, Other Partners Recommendation #1.8: Prepare an annual study list of potential landmarks and districts. Ongoing HIGH Policy 1.4: Make survey information and reports, resource documentation, and other data widely accessible to the Denton public. Recommendation #1.9: Create a historic resource inventory information digital database. Ongoing HIGH Other Partners Recommendation #1.10: Compile and publish survey report publications and brochures. Ongoing LOW Other PartnersRecommendation #1.11: Include community engagement activities in survey and documentation projects. Ongoing LOW Policy 1.5: Ensure future documentation efforts are inclusive of all histories and people in Denton. Recommendation #1.12: Complete an in-depth context statement of Denton’s African American community and neighborhoods. 1-3 Years MEDIUM DCOHC, Other Partners The City and the Historic Preservation Officer will lead implementation of Historic Preservation Plan recommendations working with the partners listed in the matrix. DCOHC: Denton County Office of History and Culture; DCOEM: Denton Office of Emergency Management; DCVB: Denton Convention and Visitors Bureau; Other Partners - educational and religious institutions, foundations, civic organizations, other preservation advocates at the local, regional, state, and national levels. DRAFT Historic Preservation Plan 73 GOAL 2 Promote the preservation and adaptive use of historic resources as integral elements to vibrant commercial districts and residential neighborhoods. POLICY FOR DECISION MAKERS RECOMMENDATIONS IMPLEMENTATION TIMELINE PRIORITY SCALE PARTNERS 2.1 Policy: Continue ongoing support for Main Street revitalization efforts and other preservation- based economic development initiatives as a means to preserve, adapt, and reuse Denton’s historic resources. Recommendation #2.1: Broaden the tax-exemption eligibility criteria for improvements to historic buildings. 1-3 Years HIGH Other Partners Recommendation #2.2: Explore a program allowing for the partial or full property tax exemption from the City of Denton and other applicable taxing authorities for locally designated historic homes 1-3 Years MEDIUM Other Partners Recommendation #2.3: Increase the size of the downtown signage, paint, and façade improvement grant program. 1-3 Years HIGH Main Street Association Recommendation #2.4: Offer design assistance to commercial properties considering façade improvements. Ongoing HIGH Main Street Associations Recommendation #2.5: Offer technical feasibility analyses for historic downtown commercial buildings. Ongoing MEDIUM Main Street Associations Recommendation #2.6: Offer design assistance to residential properties applying for the building improvement tax exemption. Ongoing MEDIUM Other Partners Recommendation #2.7: Offer permitting fees and sales tax waivers to eligible preservation projects in the Downtown Denton area. Ongoing LOW Recommendation #2.8: Consider preservation easement donations as an incentive tool. Ongoing LOW Private-sector property owners, other non-profit partners Recommendation #2.9: Explore the feasibility of establishing a home-repair loan fund or bank partnership. 1-3 Years LOW The City and the Historic Preservation Officer will lead implementation of Historic Preservation Plan recommendations working with the partners listed in the matrix. DCOHC: Denton County Office of History and Culture; DCOEM: Denton Office of Emergency Management; DCVB: Denton Convention and Visitors Bureau; Other Partners - educational and religious institutions, foundations, civic organizations, other preservation advocates at the local, regional, state, and national levels. 74 Denton Historic Preservation Plan Policy 2.2: Support the creation of additional Historic Conservation Districts and other tools and programs that maintain the livability and vitality of Denton’s historic neighborhoods and commercial areas. Recommendation #2.10: Designate new Historic Conservation Districts in portions of the Woods and Bolivar neighborhoods. 1-3 Years MEDIUM Other Partners Policy 2.2: Support the creation of additional Historic Conservation Districts and other tools and programs that maintain the livability and vitality of Denton’s historic neighborhoods and commercial areas. Recommendation #2.11: Designate additional Historic Conservation Districts in West Denton and in neighborhoods to south of the Downtown. 1-3 Years MEDIUM Other Partners Recommendation #2.12: Consider designation of the Hickory and Oakland Street commercial area as a Historic Conservation District. 1-3 Years LOW Main Street Association, Other PartnersRecommendation #2.13: Develop illustrated design guidelines for Historic Conservation Districts. 1-3 Years and Ongoing LOW Recommendation #2.14: Target Community Development Block Grant, capital improvement, and other housing program funds to Conservation District reinvestment activities. Ongoing MEDIUM Other Partners Recommendation #2.15: Maintain an inventory of vacant or deteriorating historic properties. 1-3 Years and Ongoing HIGH Policy 2.3 for Decision- Makers: Encourage activities and initiatives that increase visitorship and visibility to Denton’s heritage assets and historic districts. Recommendation #2.16: Develop specific Courthouse Square viewshed protection provisions within the Unified Development Code. 1-3 Years and Ongoing MEDIUM DCOHC, DCVB, Other Partners Recommendation #2.18: Create a more comprehensive interpretive wayfinding and signage plan for Denton’s heritage sites. 1-3 Years and Ongoing MEDIUM DCOHC, DCVB, Other Partners Recommendation #2.19: Market heritage sites on other websites and tourism facilities. Ongoing HIGH DCVB, Other Partners Recommendation #2.10: Pursue preservation-based activities as part of the Denton’s downtown cultural district planning efforts. 4-10 Years HIGH Other Partners The City and the Historic Preservation Officer will lead implementation of Historic Preservation Plan recommendations working with the partners listed in the matrix. DCOHC: Denton County Office of History and Culture; DCOEM: Denton Office of Emergency Management; DCVB: Denton Convention and Visitors Bureau; Other Partners - educational and religious institutions, foundations, civic organizations, other preservation advocates at the local, regional, state, and national levels. DRAFT Historic Preservation Plan 75 GOAL 3 Promote an effective, well-managed and integrated municipal historic preservation program that facilitates the preservation and stewardship of Denton’s architectural and historical resources. POLICY FOR DECISION MAKERS RECOMMENDATIONS IMPLEMENTATION TIMELINE PRIORITY SCALE PARTNERS Policy 3.1: Ensure efficient operations and support for the Denton Historic Landmark Commission. Recommendation #3.1: Form ad- hoc Historic Landmark Commission subcommittees to manage and implement various tasks related to survey and education efforts. 1-3 Years HIGH Recommendation #3.2: Maintain Denton’s Certified Local Government status. Ongoing HIGH Recommendation #3.3: Conduct regular trainings and create orientation materials for new commissioners to the Historic Landmarks Commission. Ongoing HIGH Other Partners Recommendation #3.4: Maintain a rules of procedure document.1-3 Years HIGH Recommendation #3.5: Adopt an annual Historic Landmark Commission work plan. Ongoing HIGH Recommendation #3.6: Complete designation reports for landmarks and districts. Ongoing HIGH Policy 3.2: Update, adopt and implement preservation and other regulatory codes and mechanisms that support the preservation and reuse of Denton historic resources. Recommendation #3.7: Update the Denton Historic Preservation Ordinance to promote clarity in Certificate of Appropriateness procedures, Historic Landmarks Commission responsibilities, and demolition by neglect provisions, among other Ordinance enhancements. 1-3 Years and Ongoing HIGH Recommendation #3.8: Prepare a set of citywide design guidelines manuals. 4-10 Years HIGH Other Partners Recommendation #3.9: Prepare a more detailed hazard mitigation plan for historic resources in Denton. 1-3 Years HIGH Main Street Association, DCOEM, DCOHC, Other Partners Recommendation #3.10: Adopt and implement a historic property deconstruction program. 1-3 Years HIGH Other Partners The City and the Historic Preservation Officer will lead implementation of Historic Preservation Plan recommendations working with the partners listed in the matrix. DCOHC: Denton County Office of History and Culture; DCOEM: Denton Office of Emergency Management; DCVB: Denton Convention and Visitors Bureau; Other Partners - educational and religious institutions, foundations, civic organizations, other preservation advocates at the local, regional, state, and national levels. 76 Denton Historic Preservation Plan GOAL 4 Increase the awareness of historic preservation benefits through ongoing outreach and educational activities, youth engagement, and other programming activities. POLICY FOR DECISION MAKERS RECOMMENDATIONS IMPLEMENTATION TIMELINE PRIORITY SCALE PARTNERS 4.1 Policy: Support innovative education initiatives that inform, engage new audiences, and tell the stories of Denton’s multi-cultural and generational populations. Recommendation #4.1: Create “crowd-sourced” Denton history websites. 1-3 Years and Ongoing MEDIUM Main Street Association, Other Partners Recommendation #4.2: Encourage public participation in crowd- sourced community history storytelling activities. Ongoing MEDIUM Recommendation #4.3: Use social media and other digital technologies to promote Denton history and placemake public spaces. Ongoing MEDIUM Recommendation #4.4: Create a Denton committee of young preservation professionals. 1-3 Years and Ongoing MEDIUM Recommendation #4.5: Create a construction trades training program focused on historic building rehabilitation. 4-10 Years MEDIUM Recommendation #4.6: Develop an internet-accessible database for headstones in Denton’s historic cemeteries. 4-10 Years and Ongoing MEDIUM 4.2 Policy: Promote the use of existing programs and tools to educate the public on historic preservation’s benefits and advance community preservation goals. Recommendation #4.7: Improve visibility and awareness of tax exemption program to increase participation. Ongoing HIGH Main Street Association, Other PartnersRecommendation #4.8: Increase awareness and use of Federal Rehabilitation Tax Credit. Ongoing HIGH Recommendation #4.9: Include additional historic preservation information materials in the City of Denton website. Ongoing HIGH Recommendation #4.10: Create a marketing plan to encourage additional Local Landmark designations. 1-3 Years and Ongoing HIGH Recommendation #4.11: Provide training to local realtors and bankers. 1-3 Years MEDIUM BCMOH, Other Partners DCOHC: Denton County Office of History and Culture; DCOEM: Denton Office of Emergency Management; DCVB: Denton Convention and Visitors Bureau; Other Partners - educational and religious institutions, foundations, civic organizations, other preservation advocates at the local, regional, state, and national levels. DRAFT Historic Preservation Plan 77 78 Denton Historic Preservation Plan DENTON HISTORIC RESOURCES SECTION 3 DRAFT Historic Preservation Plan 79 HISTORIC RESOURCES Historic resources, whether buildings, sites, structures, and objects are associated with a particular historic context ― the significance of a resource in relation to its setting, location, and geography; association with important people or events; or, its place within a defined historical time period during a community’s growth and development. For example, the majority of historic resources located within the Denton County Courthouse Square National Register Historic District relate to Downtown Denton’s growth as both a commercial and government center during the late 19th century, especially after the construction of the Denton County Courthouse in 1896. However, the historic context period for Downtown Denton extends to the pre- and post-World War II years as new construction materials and stylistic preferences of the time period altered commercial building and storefront appearances. Other resources may share relationships with significant people or events in Denton’s history, such as the Little Chapel in the Woods, constructed on the campus of Texas Women’s University in 1939 and designed by O’Neil Ford, one of Texas most prominent Modernist architects of the 20th century. Help home owners maintain their properties and prevent the demolition of landmarks. Survey respondent 80 Denton Historic Preservation Plan HISTORIC CONTEXT EARLY DENTON SETTLEMENT Native-Americans, the Mexican Empire, and the Republic of Texas (1600s – 1840s) Denton County is located in north-central Texas and is comprised of portions of three prairie ecosystems – the Grand, the Blacklands and the Cross Timbers Prairies. These rich prairie soils would prove beneficial for agriculture in the county. A prehistoric Paleo-Indian culture of nomadic hunters, the Clovis people, lived in the area roughly 11,000 years ago. The Clovis people lived all across North America, and likely are the ancestors of all present-day Native Americans. Up to the 18th century, only Native Americans inhabited Denton County – mainly the Wichita and Caddo tribes who were both peaceful and who relied on hunting to survive. By the 1840s, following the immigration of white settlers and attacks by Commanche tribes further east, they were eventually forced to leave the county. The Spanish began exploring what is now Texas in the 1500s but remained mainly near the coast of the Gulf of Mexico. What is now Denton County was considered too far north for early exploration. The first Spanish missions were founded in the early 1700s, but settlement was slow to the frontier areas to the north, including Denton. By 1821, the War for Mexican Independence led to the removal of Spain from North America and the creation of the First Mexican Empire, which included Texas. The empire only lasted two years until the formation of the United Mexico States in 1824. As part of the new federal republic, the state of Coahuila y Tejas was created. The enticement of settlers to Texas remained difficult due to its distance from established towns and habitation by Native American tribes. In 1824, the new government passed the General Colonization Law which enabled foreigners to gain title to land in Mexico. Within just a few years the native Mexican population was the minority in Texas due to heavy immigration from American southern states. Chafing under Mexican rule, the citizens of Texas and the Mexican army fought in 1835, resulting in the defeat of Mexico and the founding of the Republic of Texas in 1836. One of the first acts of the new Congress was to repeal Mexico’s prohibition against slavery. Mexico did not recognize this independence and invaded Texas in 1842. Following several battles Mexico was defeated and Texas was annexed to the United States in 1845 to become the 28th state. That same year Texas voters approved a new constitution which endorsed slavery and the slave trade. Old Preston Road was established in 1840 as the main route allowing settlement into north Texas. The road followed part of an old Indian trail that extended from St. Louis to southwest Texas. The road was completed in 1843 by soldiers under the command of William Gordon Cooke, who was in charge of surveying and creating a military road for the Republic of Texas. Beginning at the town of Preston on the banks of the Red River, which forms part of the northern boundary of Texas approximately 50 miles north of Denton, the road runs south to downtown Dallas, skirting the east border of Denton County. The road fell out of use with the coming of the railroads in the 1870s. Denton and its neighboring 25 counties were unique in Texas in that they were part of a colonization project led by the Texian Land and Immigration Company based out of Louisville, Kentucky and more commonly known as the Peters Colony after William S. Peters, the company’s lead investor. The company was comprised of both American and English investors, including the sons and sons-in-law of Peters, an Englishman. Colonization began in 1841 and continued after statehood. The majority of colonists hailed from the “upper south” region of the United States – mainly Tennessee and Kentucky – and were white, protestant slave owners. The company’s first agreement with the government required them to settle 200 people within three years. These colonists would receive between 160 and 640 acres, depending on family size. Numerous contract extensions and boundary expansions resulted in confusion and mistrust among investors, resulting in changes to the makeup of shareholders and several company reorganizations. This also led to unrest within the colony as many settlers were upset with their deadlines for registering claims. This migration of settlers eventually extended to 26 counties. © Bullock Texas State History Museum Established in 1846, Denton County was named for early pioneer, preacher and lawyer John B. Denton who was killed in a fight with Native Americans in 1841. The location of the county seat moved several times over the next ten years, but in 1856 voters determined that a more central location would be beneficial. The site chosen was a 100-acre tract owned by Hiram Cisco, William Loving, and William Woodruff. Named after the county, Denton was platted with 33 blocks and a centralized public square, later to see the construction of the second Denton County Courthouse constructed in its center in 1877. The square was designed using the Shelbyville Square plan (see illustration), which was the most common layout for county seats in Texas in the 19th century. The streets emanating from the Courthouse Square were named after trees found in the county. In 1866, Denton would incorporate as a city and the community’s central business district centered on the Courthouse Square would begin to flourish. The residential development grew outwards from the square towards the north, south and east. Four-block SquareHambonburg Square Shelbyville Square Lancaster Square 18601864I.O.O.F. Cemetery established Founding of Denton as the county seat 1858 First hotel the Lacy House. 1841Peters Colony Texas admitted as the 28th state First newspaper The Review © Courthouse Square National Register Nomination 1856 Denton Historic Preservation Plan 81 1877 1868187018751866186918741878City charter by state legislature; Incorporation of Denton. Construction of 1st courthouse (north side of square). First Mayor J.B. Sawyer Denton Fire Department established Davenport Mill began operation Free Colored School established (renamed Frederick Douglass School in 1898) Second newspaper The Monitor Freedman Town established Quakertown established 2nd Courthouse designed by J.H. Britton (center of square) Farming Town (1850s – 1890s) The Denton County economy was dominated by agriculture and livestock in these early years. The major concern of the early settlers was simply making a living from the land. Subsistence farming was necessary due to poor transportation and their distance from larger communities. However, these early farms prospered growing corn and other vegetables on the fertile prairie land. The arrival of railroads in the 1880s was influential in the development of early industry, which included a cotton gin, plants for making bricks, mills for grinding corn meal and flour, and pottery production. The railroads provided the opportunity for the shipping and receiving of goods from farther away. Crops such as cotton and wheat replaced subsistence farming due to the combination of rich prairie soil and a larger market. Between 1890 and 1920 Denton County ranked either first or second in wheat production in the state. The Civil War (1861-1865) Denton was not largely impacted by the Civil War as the county was still sparsely populated, and Denton had only been founded five years earlier. As part of the Confederacy, eligible males between 15-50 were required to join in the fighting, leaving women, boys, and old men to maintain the farms. This had an economic impact on the community.population1870 361“Knowledge makes a man unfit to be a slave.” Frederick Douglas 19TH CENTURY DEVELOPMENT, THE CIVIL WAR, AND THE RAILROADS 82 Denton Historic Preservation Plan Railroads (1880s) The Texas and Pacific Railroad – the first to reach Denton – arrived on April 1, 1881, ushering in a new era for opportunities and commerce. The railway station was located east of the downtown square in the area where industry would grow. While the agricultural economy flourished, the lack of an east-west railroad linkage prevented Denton from developing as a wholesale or industrial center. By the turn of the century, Denton County ranked first in wheat production. The Farmers Alliance Mill, established in 1886, became one of Denton’s most successful agricultural businesses. Denton’s population doubled between 1880 and 1890 due in large part to the arrival of the railroad. A street railway system was developed beginning in 1896. In 1857, the first Denton County Courthouse, a small frame building, was built on the north side of the Courthouse Square, and destroyed by fire in 1876, prompting the construction of a brick Italianate style second Courthouse in the center of the square. The Courthouse-on-the-Square, built in the period from 1895 to 1897, served as the seat of Denton County government for 81 years. As Denton grew, so did the Courthouse Square, as commercial buildings transformed from one-story log structures to one- to-three story frame buildings. Early uses included dry goods stores, saloons, liveries, and hotels, which were commonly found in county seats. Residential Neighborhoods The growth in population from 1880 to 1900 almost quadrupled and marked the rapid expansion of residential neighborhoods to the north, south and west of the Courthouse Square. The city’s wealthier residents built grand homes to the west of downtown during the 1880s, leading to Oak Street becoming the preferred address, known informally as “Silk Stocking Row.” Although only a few houses survive from the late 19th century, they are typically large, elaborate frame structures designed in the Queen Anne style. Additional growth occurred immediately surrounding the Square, as well as to the south along Elm and Locust, where houses, a church and a hotel had developed by the early 1880s. North of downtown is the location of the African American neighborhood of Quakertown, which started to develop in the 1870s.populationpopulation1880 1890 1,1942,558188218861890First National Bank of Denton established Alliance Milling Company established North Texas Normal College and Teacher Training Institute (NTNCTTI) established 1881 Arrival of the Dallas and Wichita Railroad in Denton. 3rd newspaper The Chronicle First Brick School 1880s Silk Stocking Row along Oak Street gains popularity Denton Historic Preservation Plan 83 African Americans in Denton Early immigrants to Denton were mainly from states like Kentucky and Tennessee who, when they came to Texas, brought slavery with them. The government of the Republic of Texas and, after 1845, the state legislature, passed a series of slave codes to regulate the behavior of those enslaved and to restrict the rights of free African Americans. The census counted about 400 free African Americans in 1860, although there may have been many more. Texas laws blocked the migration of free African Americans into the state. However, since most of the farmers in Denton County owned small acreage, and Denton was not settled until the mid-1850s, slaves were a small proportion of the county population. The county Census of 1850 lists 256 slaves out of a total population of about 5,000. In 1861, Denton County citizens voted to secede from the Union, although the margin of victory was narrow. During the Reconstruction period in the South, many African Americans moved from the state’s rural areas to cities such as Dallas, Austin, Houston, and San Antonio. On the outskirts of these cities they established “freedman towns,” which became distinct African American communities – many of which still exist today. Denton’s earliest African American neighborhood was called Freedman Town and was originally comprised of 27 families from the White Rock area of Dallas County. Beginning around 1875 many of these families moved to Oakland Avenue and constructed homes, churches, stores, and a school, creating a neighborhood called Quakertown, named in honor of the Quakers – known for their abolitionism and non-violent beliefs. Begun in 1876, the Free Colored School was the only school for African Americans in Denton. By 1895, it was named Frederick Douglass School, and was the only African American high school in the county; African American students in Denton County who wished to continue their education after the 8th grade would have travel to attend Frederick Douglass School in Denton. This remained the case until integration closed the school in 1964. In other communities in Denton County the situation was much the same, with the only high school for black students being located within Quakertown in Denton. The original school burned down in 1913, and the new school was constructed southeast of downtown in the Solomon Hill neighborhood.populationpopulationpopulation1900 1910 1920 4,1874,7327,62618961914189218991901Streetcar lines and telephone service begin City charter adopting managerial form of government Water and electric service begin Wright Opera House built NTNCTTI becomes state teaching school 1894 Courthouse-on-the- Square designed by W. C. Dodson (current courthouse) Girls Industrial Institute and College of Texas established (later renamed Texas Woman’s University) 1894 Original City Hall demolished 84 Denton Historic Preservation Plan Quakertown flourished during the early 20th century. The corner of Holt and Oakland streets became the commercial center of the neighborhood, with a variety of businesses. By 1920, around 60 families, including several businesses, occupied the neighborhood. The successful expansion of Quakertown was not seen as positive by their neighbors, however. In 1920, what is now Texas Woman’s University (TWU) was seeking accreditation as an official liberal arts college, and determined that the poor African American community of Quakertown, on the steps of the College, was a visual and social detriment to the campus. The College, along with local groups, initiated a major campaign in 1921 for the City of Denton to purchase all properties in Quakertown to create a park. Quakertown property owners were given the choice of selling their property or having the City move their houses to new locations. These relocation choices were very limited, and many residents ultimately moved to Solomon Hill, though many others – including business and community leaders – left Denton altogether. Center of High Education The founding of Denton’s two colleges at the beginning of the 20th century transformed Denton from a largely agricultural community into a college town. As the colleges grew and flourished, so did Denton. The North Texas Normal College and Teacher Training Institute (NTNCTTI) was a private institute which began in 1890. In 1901, it was officially recognized as the state’s higher education teaching institution. It was renamed the North Texas State Teachers College in 1924 and is now the University of North Texas. The Texas state legislature authorized the creation of a college for women in 1901, wanting to provide an institution comparable to Texas A&M, which was restricted to men. Denton was chosen as the site for the Girls Industrial Institute and College in 1902, which changed its name numerous times before becoming Texas Woman’s University. Although the University has been fully co-educational since 1994, it is still the largest publicly-funded university in the U.S. primarily for women.1920192419241922Hickory Street at Courthouse Square is first paved street Dallas-Denton interurban rail line installed Denton Hospital and Clinic opens (closed 1956) First public library located in the Courthouse First all-weather road to Fort Worth built Denton Police Department established Dissolution of Quakertown, replaced by City park BEFOREAFTER1927 City Hall designed by Van Slyke and Woodruff population1930 9,5871935 Texas Theater opened downtown, renamed Fine Arts Theater in 1950s Denton Historic Preservation Plan 85 EARLY DENTON SETTLEMENT Pre- and Post-World War I The first two decades of the 20th century saw significant developments in city infrastructure. The city took control of its own electricity and water by purchasing a plant from the Denton Water and Light Company in 1905. A sewer system and natural gas lines were installed by 1912. The city limits were extended further north and west to encompass both universities. Interurban rail systems became popular during the early twentieth century, and four interurban lines developed in the Dallas-Fort Worth area. Additional railway made possible long-range commuting. Blocks of one-story bungalows, Tudor and Colonial Revival homes developed northwest of downtown between 1915 and 1940 around the old Denton High School (now Calhoun Middle School), constructed in 1923. The majority of the commercial buildings in Denton occur in the downtown, which is centered around the Courthouse Square. The second Courthouse was demolished in 1895 due to structural issues, and construction of the current Courthouse, designed in the Romanesque Revival Style by W. C. Dodson, began in 1895 and was completed in 1897. Each of the blocks around the Square suffered through numerous fires in the late 19th century, as well as modernization during the 20th century, and only seven buildings retain their original facades from that period, two of which include cast-iron elements. However, the square still retains much of its historic character, and it was listed on the National Register of Historic Places in 2000.1959First City Manager instated, Homer Bly 1968 City Hall designed by O’Neil Ford populationpopulationpopulationpopulation1940 1950 1960 1970 11,19221,37226,84439,8741949 Little Chapel of the Woods, Texas Women’s University designed by O’Neil Ford and architect Arch Swank. 1939 Campus Theater opened downtown, now a performing arts center 86 Denton Historic Preservation Plan Denton in the 1920s-1930s By 1920, the city population had grown to 7,626. New neighborhoods began to develop, particularly around the growing universities. The areas to the north and west of Texas Woman’s University – along North Locust and Austin Streets and around Bell Avenue – developed mainly between 1915-1940, with a few earlier houses already in place. The neighborhoods to the north of the University of North Texas also developed during this period. TWU began to expand northward during the 1920s, with the availability of additional state funding. North Texas Normal College experienced enormous growth, as enrollment grew from 781 in 1901 to 4,736 by 1923. Agricultural production in Denton County peaked during the 1920s, but gradually declined through the 1960s. The effects of the Depression were felt throughout the area’s entire economy. Projects funded by the Works Progress Administration saw the installation of new water and sewer lines, flood control along the creeks, and the construction of sidewalks around the square. The 1930s saw local architect O’Neil Ford design numerous buildings in his early Texas Modern style of architecture. Along with architect Arch Swank, in 1939 he designed the Little Chapel in the Woods, located on the campus of the Texas State College for Women (TWU), and considered their most innovative work. World War II and the Post-War Era Denton’s proximity to the Dallas-Fort Worth defense plants further expanded its role as a suburb of the metropolitan area. While housing was in short supply in Dallas and Fort Worth, Denton offered a good housing stock and most amenities found in the larger city. Denton had begun to recover from the Depression as early as 1938 as bank deposits grew and merchants in the downtown area began modernizing their storefronts. The Servicemen’s Readjustment Act of 1944, known more familiarly as the G. I. Bill, was responsible for much of the housing boom 197019701979Men become eligible to attend Texas Woman’s University First Denton Arts and Jazz Festival 19721991Greater Denton Arts Council formed Adaptive use of a City warehouse into the Center for the Visual Arts (now Patterson- Appleton Arts Center) Golden Triangle Mall constructed on outskirts of town, drawing shoppers away from Courthouse Square populationpopulationpopulation1980 1990 2000 48,06366,27080,5371985 Oak-Hickory Local Historic District designated 2000 Denton County Courthouse-on-the-Square listed in the National Register. Denton Historic Preservation Plan 87 nationwide, and Denton was no exception. The bill provided low interest loans with zero down payment that favored new construction over existing housing. This required that communities build new housing. The city continuously annexed land to accommodate a growing population, mostly on the northeast and northwest sides. Platted subdivisions of modern suburban-type homes soon replaced agricultural land. Both universities underwent considerable expansion during the 1950s-1960s, which contributed to a population boom in Denton, with nearly half the city’s population comprised of students. The citizens of Denton voted in 1959 to adopt the council-manager form of government. The city continued to grow and expand through the 1960s-1970s, adding industries and continuing annexation. Proximity to Dallas and Fort Worth, as well as the airport and interstate highways, were a major factor in the increasing industry, university enrollment and city population. DENTON TODAY 2018 population2018 132,077DENTON TODAY2008 West Oak Local Historic District established by the City of Denton Bell Avenue Historic District established Courthouse Square © Denton Main Street Denton’s continued suburban expansion pushed businesses away from the downtown area. By the 1980s, few businesses remained on the courthouse square. The city saw unprecedented population growth over this period, growing in size from 48,000 to an estimated 136,000. This period also saw a growing Latino community make Denton its home. Recognizing the potential economic benefits of preservation, the city established a historic preservation ordinance in 1980. The establishment of a successful Main Street Program and the restoration of the Denton County Courthouse in 1986 were instrumental in the ongoing revitalization of the downtown Courthouse Square. 88 Denton Historic Preservation Plan DRAFT Historic Preservation Plan 89 DENTON HISTORIC RESOURCES Historic resources are defined through the following categories: • Buildings: examples include houses, barns, commercial buildings, theaters, and factory buildings • Structures: examples include water towers and bridges • Sites: examples include parks, gardens, and cemeteries • Objects: examples include statues, monuments, and brick streets • Districts: groups of buildings, structures, sites and/or objects within a defined boundary In most instances, historic resources are associated with a particular historic context that has been identified in National Register nominations or other survey and documentation projects. For example, historic resources located within the Oak-Hickory Historic District may be related to Denton ’s earliest residential development. In a different instance, an Art Deco style commercial building constructed in Downtown Denton during the first decades of the 20th century is a representative example of a distinctive architectural style popular during that time period. Other resources may share relationships with a significant person(s) or event(s) in Denton’s history. The resource types found in Denton are summarized in this section and include information gathered from various National Register nominations and survey projects undertaken by the City and other entities over the years. ARCHAEOLOGICAL RESOURCES Archaeological resources generally consist of artifacts or features that mark a place or site of previous settlement. Artifacts and features could include earthen mounds or burial grounds; remnants of building foundations, including forts and encampments; homesteads and privies; caves; old trails and roads; weaponry; and old mills, smokehouses, and religious structures. Concentrations of artifacts in one location often signifies an important archaeological site that may date from Denton’s early and pre-historic settlements to the relatively recent building construction of the City’s first pioneer newcomers during the mid-1800s. While the word archaeology is commonly associated with more ancient aspects of history, Federal and State of Texas archaeological laws consider archaeological remains and artifacts as recently as 1950. Denton’s archaeological resources, determined through research, surveys and excavations over the last 50 years, include recovered items such as stone fragments and Native American artifacts. Perhaps the Denton area’s most important archaeological resources are the 19th century pottery kilns located at five different sites: • Cranston Site • Roark-Griffith Site • J. S. Lambert Site • H. Serren Site • Wilson-Donaldson Site Roark-Griffith Site © Denton County Office of History and Culture 90 Denton Historic Preservation Plan COMMERCIAL RESOURCES Downtown Denton, including the Courthouse Square, contains the city’s most important concentration of historic commercial buildings. Another important historic commercial area includes the Fry Street area near the University of North Texas and a group of commercial buildings on South Locust. Other historic commercial buildings of different time periods are scattered in different locations within the older sections of the city. Like many communities around the country, Denton’s downtown experienced different periods of growth and change since the 1850s when the community first began to be settled and the Courthouse Square was first platted. These growth periods are reflected with different generations of building types and styles up until the 1990s with the Downtown’s most recent developments. Denton is like many communities with the first generation of downtown buildings often constructed in wood given their ready availability from nearby milling operations. The first Denton County Courthouse was of log construction and located on the north side of the Courthouse Square. Towards the latter decades of the 19th century, with the coming of the Dallas and Wichita Railroad, and expanding agricultural industry in the County, the Downtown began to grow with new buildings accommodating a broader array of commercial services. By 1896, the Downtown square was built out and lined with one- to two-story buildings constructed mainly in brick or stone and stylized in some cases with corbeled cornices, window hoods, and storefronts with transom windows and fixed canopies. Architectural styles ranged from more vernacular forms to Italianate, Classical Revival and Greek Revival styles. Each of the blocks around the Square suffered through numerous fires in the late 19th century, as well as modernization during the 20th century, and only seven buildings retain their original facades from this period, including the Paschall Building (1882) at 122 North Locust and the Scripture Building (1881) at 123 North Elm, which both retain their cast iron storefronts. Downtown’s growth as a major commercial and government center in Denton County is demonstrated by the Romanesque Revival Denton County Courthouse, constructed from 1896 and designed by architect W. C. Dodson. In the early decades of the 20th century, the early generations of commercial buildings were gradually replaced with more permanent buildings as downtown continued to grow as a center for business, shopping, and entertainment, mostly due to reputation as a center for higher learning. Commercial buildings with larger floor plates were often necessitated by the emergence of the department store and larger grocery stores as the prime downtown shopping attractions; others were remodeled in a refined Commercial-style with simpler ornamentation and architectural features - squared windows, more expansive storefronts and restrained cornice detailing - typical of the time period in many downtowns across Texas, as well as in other states. Representative examples of the larger commercial buildings of the time period can be found along the north and south sides of the Courthouse Square. The two- story Evers Hardware Company Building (1913) at 109 West Hickory is an example of a simple Two-Part Commercial building with Classical Revival detailing. The McClurkin Building (1915) at 207 West Hickory is an example of a larger Two-Part Commercial style building with Classical Revival façade treatments. Texas Building, Campus Theater © The Lakota Group DRAFT Historic Preservation Plan 91 Theaters, such as the Fine Arts Theater (1895/1921/1952, Dreamland Theater) at 119 North Elm and the Campus Theater (1949) at 214 West Hickory, would become focal points of social gatherings and entertainment. The west side of the Courthouse Square became known as “theater row” as seven theaters were operating downtown by mid-century. Most of the buildings around the square are simple one- and two-story commercial style buildings with simplified elements of an architectural style; however, there is one building on the Square that is truly designed in a specific architectural style, and that is the Denton National Bank (1913) at 100 North Locust. This high-style Classical Revival edifice was designed with a Temple Front building form in a variation known as distyle in antis (two-story recessed entry with flanking identical columns). In the post-World War II years, the buildings downtown and around the Courthouse Square, as in other downtown districts from the 1950s and 60s, would see construction of Modernist buildings and renovations, and other late Modern buildings constructed in the 70s and 80s. Several one- and two-story brick buildings were constructed downtown during this period, and all reflect minimalist design. Examples include 106 North Locust (1946), 209 West Hickory (1949), 109 North Elm (1955) and 111 North Elm (1955). The Stockard Building (1950s) at 120 East Oak is a Mid- Century Modern design, while the Wells Fargo Bank (1961/1972) at 101 South Locust is Postmodern. INDUSTRIAL AND AGRICULTURAL BUILDINGS Morrison Milling Company (1886-1936, Alliance Milling Company) at 319 East Prairie has been a major community landmark for decades, with the huge “Morrison Corn-Kits” sign on the roof of this grain mill. Old City Warehouse (1929, Center for the Visual Arts) at 400 East Hickory is the only local example of the “Southwest Industrial” style of architecture, making it a unique and important Denton landmark. The Old Mill (1941) at 421 East Hickory was an addition to the Graham Mill and Elevator Company, which was constructed in 1900 – and later became the Kimbell- Diamond Milling Company. The mill and elevator were destroyed by fire in 1967. The mill, a utilitarian brick design with simplified Dutch parapet, was used as a warehouse and to process commercial feed. The collection of early- 20th century corrugated steel structures at Dennis’ Farm Store, 320 Bell Place, represent Denton’s strong agricultural history through a more vernacular design. Morrison Milling Co. © Denton Public Library 92 Denton Historic Preservation Plan Old City Hall and Civic Center © The Lakota Group TRANSPORTATION, INFRASTRUCTURE, ROADS, AND BRIDGES Historic resources related to transportation in Denton include several concrete and stone drainage ditches, which were installed by the Great Depression-era Works Progress Administration (WPA) in the 1930s. Perhaps the most significant transportation-related historic resources are the truss steel bridges that have been preserved through a program between the Denton County Historical Commission and Denton County, many being relocated and re-purposed as pedestrian bridges. This on-going program has saved at least 19 bridges to date, including the County Line Road Bridge, installed in 1940 over Denton Creek and relocated to North Lakes Park in Denton in 2001; the Donald Road Bridge, installed over South Hickory Creek in 1903 and moved to the Denton County Health Department, 525 South Loop, in 2006; the Gregory Road Bridge, installed over Duck Creek about 1923 and relocated to the Denton County Health Department, 525 South Loop, in 2007; and the Rector Road Bridge, installed over Clear Creek in 1908 and relocated to Guyer High School, 7501 Teasley Lane, in 2004. CIVIC AND GOVERNMENT BUILDINGS Civic and government buildings reflect a community’s political and cultural development. Downtown Denton has historically been the home of most civic and governmental institutions, including the Spanish Colonial Revival style Old City Hall (1927) by Van Slyke and Woodruff at 221 North Elm; the Brutalist-influenced U.S. Post Office and Federal Building (1975) at 101 East McKinney; the Georgian Revival style Old U. S. Post Office (1919) at 210 North Locust; and the old Fire Hall (1930) at 1515 North Elm Street on Denton’s north side. The Old Denton County Courthouse (1897) by W. C. Dodson at the Courthouse Square is noted for its exuberant design in the Romanesque Revival style with Second Empire details; it serves as home to the Denton County Historical Society, the Denton County Historical Commission, and the Denton County Office of History and Culture, who manages the building. Just to the northeast of downtown is Quakertown Park, home to numerous civic buildings such as Denton City Hall (1967) by O’Neil Ford; Denton Civic Center (1966) also by O’Neil Ford; and the Emily Fowler Central Library (1949) by Wyatt C. Hedrick with 1969 and 1980 additions by O’Neil Ford. While not located downtown, the Federal Regional Center (1964) at 800 North Loop 288 on the city’s east side is an excellent example of the Mid-Century Modern style, represented by geometric designs such as stone panels and decorative screens, square posts, a flat roof, and a distinctive folded plate porte-cochere roof. The building is one of five sites constructed nationwide as locations for underground facilities prompted by the Cold War and was the first to be built. Today, the Denton facility serves as the Region VI headquarters for the Federal Emergency Management Agency (FEMA). DRAFT Historic Preservation Plan 93 CHURCHES AND RELIGIOUS BUILDINGS Religious buildings reflect a community’s social and cultural development. The location of a church was dependent on where specific ethnic and population groups settled, how neighborhoods developed, the availability of land and/ or the gifts of major benefactors. Denton’s historic churches and religious institutions were constructed within close proximity to the downtown Courthouse Square district during the early- to mid-20th century, such as the Classical Revival First United Methodist Church (1923) at 201 S. Locust Street, and the Little Chapel-in-the-Woods (1939) at 415 Chapel Drive on the campus of Texas Woman’s University. The chapel was designed by O’Neil Ford and Arch Swank. Another Mid-Century design by Ford and Howard Wong is the First Christian Church of Denton (1959) at 1203 North Fulton Street. The St. James African American Methodist Episcopal Church (1922) at 1107 East Oak, is the oldest African-American church in Denton and considered to be the third oldest in Texas, originally founded in 1875. It was moved to its current location from the former Quakertown location. RESIDENTIAL RESOURCES Residential buildings are the most common historic resource type found in Denton, and therefore best represent the city’s architectural and development history. Denton’s earliest residential neighborhoods extended outwards from the downtown Courthouse Square along major arterials, such as Oak and Hickory Streets to the west, and Locust and Elm Streets to the north and south; the railroad and associated industrial uses dominated the land area east of the downtown. Residential expansion continued in successive decades to the northeast and northwest portions of the community. Denton’s historic residential resources span the decades of major development periods in the city from the 1880s to the 1960s as Denton grew from its early roots as an agricultural center - its economic prosperity bolstered during in the early decades of the 20th century by the founding of its higher education institutions. Therefore, the majority of historic residential resources in Denton date from the 1900s to the 1960s, where neighborhoods such as Silk Stocking Row (now the Oak-Hickory Historic District), as well as Idiots Hill, were mainly developed or built out. Residential resources also demonstrate a diversity between vernacular worker homes and high-style construction of representative architectural styles popular during specific time periods – such as Craftsman in the early 1900s and Tudor Revival in the 1920s, for example. Minimal Traditional and Ranch homes define the housing styles and types of the post-World War II years, largely found in the neighborhoods beyond the immediate downtown area. Lomax House, 723 W. Oak © The Lakota Group © The Lakota Group 94 Denton Historic Preservation Plan Denton’s earliest architecture consists mainly of single-family Queen Anne homes found in the Oak-Hickory Historic District, many built for prominent Denton merchants. Succeeding decades would see the remaining lots in the earliest neighborhoods developed with a mix of American-derived house styles such as the Foursquare and the Craftsman bungalow. Bungalows would be found in many other Denton neighborhoods, including the Congress School neighborhood and along North Bolivar Street, and represent the most popular housing type in Denton. As Denton grew during the early 20th century, period revival architecture, including Colonial and Tudor Revival - styles that take their inspiration from European domestic design traditions – became prevalent. After World War II, the horizontal Ranch house and the Minimal Traditional – commonly-known as the Cape Cod cottage, a spare, box- like form of the Colonial Revival – became preferred housing products in newly developing areas of Denton, such as the Idiots Hill neighborhood. Ranch housing types were favored by the American public after World War II, reflecting the desire for larger but affordable homes, in contrast to the smaller Cape Cod or Minimal Traditional residences that were constructed on the smaller lots on earlier subdivision plats. The Carroll Park Subdivision is representative of the numerous Denton neighborhoods where the Minimal Traditional type home is predominant. Other housing developments and subdivisions from the 1950s can be found in the northeast and southeast portions of Denton. Despite the existence of many examples of high-style residential architectural styles, about 12 percent of Denton’s historic housing resources were constructed in vernacular forms with materials mass-produced or milled locally or near Denton. Vernacular forms, such as the Center-Passage or L-Plan home, would retain their basic, distinguishing shapes but would be finished in different cladding materials. Some housing would not incorporate any distinguishing architectural elements, making them purely a functional dwelling unit. Local developers and contractors would largely build such housing given the availability of building materials, parts and architectural plans that were widely distributed through books, periodicals and other publications distributed during the decades from the 1880s to the 1950s. Noyle-Graham-Millicen House, 705 W. Oak © The Lakota Group DRAFT Historic Preservation Plan 95 EDUCATIONAL BUILDINGS AND INSTITUTIONS Significant educational buildings include local Denton schools and the facilities of higher education institutions. Important among local schools is the Denton Senior High School (1924) by Wiley G. Clarkson at 709 West Congress, now Calhoun Middle School. Texas Woman’s University was founded in 1901 and retains many of its original buildings across campus, including the first – Old Main Building (1903) designed by architects Dodson and Scott. Other historic buildings include Stoddard Hall (1936); Music Building (1937); the Science and Arts buildings, and Student Union (1941); now the Dance- Gymnastics Laboratory; Central Dining Hall, now Hubbard Hall; Woodcock Hall (1951); and, the Blagg-Huey Library. The campus has been tied together visually through the use of the Georgian Revival style in most of the older buildings. The University of North Texas was founded in 1890 and retains a number of its early buildings – including the University’s oldest building – Historical Building (1913), now Curry Hall; Chilton Hall (1939); the Hurley Administration Building (1955); Sycamore Hall (1937); Crumley Hall (1961); Willis Library (1970), as well as a number of residence halls. The campus has been tied together visually through the use of the Classical Revival style in most of the older buildings. DENTON BUILDING PERIODS Denton’s historic building resources can be categorized and understood in their historic context by their construction dates. Listed below are the time segments that reflect the general themes of development in Denton: • Pre-1900: Early Development and Settlement • 1901 – 1920: Early 20th Century • 1921 – 1940: Revival Period • 1941 – 1960: Post World War II / Mid-Century Modern • 1961 – 1980: Modern Eclectic • 1981 – 2000: Post-Modern / Late 20th Century • 2001 – Now: Early 21st Century The map on the following page locates buildings by their period of construction within the City of Denton. As the map reflects, Denton’s older heritage resources – generally between 1882 and 1941 – are concentrated in the older areas of the city around and near the downtown Courthouse Square, west along Oak Street and scattered properties to the north of downtown. Later developments and subdivisions – depicted in shades of light red – document resources constructed after World War II through the 1970s. Similarities in building age in a given area typically correspond to similarities in the neighborhood’s architecture and building forms. (Information compiled on this map has come from numerous sources and may not be complete nor accurate.) 96 Denton Historic Preservation Plan Figure 9: City of Denton Building Age MCKI N N E Y S T .CAROLL BLVD.TEASLEY LN35 E A S T I-35 EMERY ST.SHERMAN DR.MINGO DR. ELM S T .MEADOW ST.CITY OF DENTON BUILDING AGE BY PARCEL Legend District boundary 1872 - 1900 1941 - 1960 1901 - 1920 1961 - 1980 1921 - 1940 1981 - 2000 2001 - 2013 DRAFT Historic Preservation Plan 97 EXISTING LANDMARKS AND DISTRICTS A significant number of historic resources in Denton are officially designated Denton City Landmarks or listed in the National Register of Historic Places, either individually or as part of a district. Several historic resource surveys and inventories have been undertaken over the last twenty-five years where properties and structures have been identified for future landmarking and district designation. Prioritizing future designations is discussed in a later section of the State of the City Report. The types of designations include nomination in the National Register of Historic Places and local landmarks and districts (see Figure 13 on page 104). NATIONAL REGISTER OF HISTORIC PLACES (NRHP) The National Register of Historic Places is this nation’s official list of buildings, structures, sites, and objects worthy of preservation. The National Register is a program of the National Park Service, U.S. Department of the Interior, and is authorized under the National Historic Preservation Act of 1966. It is administered in Texas by the Texas Historical Commission. National Register designation is honorary and poses no restrictions on the use of property but provides significant financial benefits, including eligibility for the Federal Historic Preservation Tax Credits. Properties may be listed individually in the National Register or be included as part of a district within definable geographic boundaries. Districts may also include accessory structures, fences and natural resources having historical, architectural, archaeological, or cultural significance. NRHP-listed properties (as of April 2019): • Denton County Courthouse (Courthouse Square, listed 1977) • Fairhaven Retirement Home (2400 N Bell Ave, listing anticipated 2019) • Pottery Kiln Sites Multiple Property Listing (addresses restricted, listed 1982) • Rector Road Bridge (Guyer High School, 7501 Teasley Lane, listed 2004) • Pioneer Woman Statue – Monuments and Buildings of the Texas Centennial Multiple Property Listing (Texas Woman’s University, listed 2018) • NRHP-listed Districts within Denton: »Courthouse Square National Register Historic District (listed 2000) »Historic and Architectural Resources of Denton Multiple Property Nomination (listed 2000) Each National Register Historic District is described in more detail in the following Historic District descriptions. Rector Road Bridge © Renelibrary 98 Denton Historic Preservation Plan Courthouse Square National Register Historic District The Courthouse Square National Register Historic District is centrally located in downtown Denton and within the center of the original town plan. The district is roughly bounded by Pecan and Walnut Street, North Cedar Street and North Austin Street. The Courthouse Square District contains 30 contributing resources and 20 non-contributing resources, with a period of significance starting circa 1882 and ending in 1949. Properties built after 1949 are generally considered noncontributing to the Historic District. The District was eligible for the National Register under Criterion A for commerce, community development and planning. The District comprises nine (9) square blocks of mainly one- and two-story brick commercial buildings, including One- and Two-Part Commercial, Temple Front and Courthouse building types. Its historical significance under Criteria A lies in its concentration of properties that represent significant aspects of the economic, physical, and governmental development of Denton. With a spectacular courthouse dominating the center of the square, the surrounding streets are lined with commercial buildings representing several phases in the economic development of the city (Denton County Courthouse Square Historic District NR Nomination). DISTRICT RESOURCES Buildings Structures Sites Objects Total 30 20 27 19 0 0 1 1 1 1 CONTRIBUTING Table 4: Denton Main Street Cumulative Investments NON- CONTRIBUTING Historic and Architectural Resources of Denton Multiple Property Nomination The Multiple Property Documentation Form nominates groups of related significant properties which are organized into historic contexts and describes the property types that represent those historic contexts. This nomination is a cover document that serves as a basis for evaluating the National Register eligibility of related properties. It may be used to nominate and register individual or thematically-related historic properties simultaneously in the future. This nomination provides the historic context for the development and growth of the City of Denton, discussing in detail the factors that led to the city’s founding, the layout and development of the Courthouse Square, the founding of the University of North Texas and Texas Woman’s University and their impact on the economy, the arrival of the railroad and its impact on the economy and local industry, early 20th century residential and commercial development, the dissolution of the Quakertown neighborhood and the creation of the City Park, changes in agriculture, the work of architect O’Neil Ford, and the post-World War II expansion of the City. The nomination then provides an overview of the property types found within the City of Denton, of which 91 percent is residential represented by 2,200 buildings. Commercial properties make up 5 percent of the city represented by 136 buildings, the majority of which surround the Courthouse Square. Institutional properties make up 1 percent of the city represented by 42 buildings. The criteria for nominating residential, commercial and institutional properties under the nomination are provided. Finally, the nomination provides an overview of building types and styles for each property type. DRAFT Historic Preservation Plan 99 oak St. gregg St. haynes st. anderson st. congress st. egan st. parkway st. pearl st. hickory st. sycamore st. chestnut st. prairie st.bernard st.welch St.fulton st.ponder ave.mounts ave.denton st.alice st. cott st.carroll blvd.Amarillo st.Figure 10: Oak-Hickory Local Historic District OAK-HICKORY LOCAL HISTORIC DISTRICT Legend District boundary Parcels Buildings Buildings in the District LOCAL DISTRICT DESIGNATIONS Oak-Hickory Local Historic District Adopted in 1985, the Oak-Hickory Historic District consists of 70 buildings and structures encompassing multiple blocks along Oak, Hickory, and Denton Streets as well as Mounts Avenue. The Oak-Hickory Historic District includes many of Denton’s oldest and finest homes, as the area has long been known as “Silk Stocking Row,” including early 20th century Revival styles, Queen Anne, Prairie, Craftsman bungalows, as well as mid-century ranch homes. Many individual Denton Local Landmarks are located within the district. 100 Denton Historic Preservation Plan oak St. houston PL. hickory st stella st. sycamore st. scripture st. sena st. houston pl.bradley st.avenue dnorth texas blvd.avenue gavenue Hhillcrest st.ector st.gober st.Marietta st.avenue calamo pl. Figure 11: Oak-Hickory Local Historic District WEST OAK AREA LOCAL HISTORIC DISTRICT Legend District boundary Parcels Buildings Buildings in the District West Oak Area Local Historic District Adopted in 2008, the West Oak Area Historic District consists of 89 buildings encompassing multiple blocks along Oak, Jagoe, Marietta, Bradley and Thomas Streets as well as Houston Place. The West Oak Area Historic District consists of several architecturally significant homes, including early 20th century Revival styles, Craftsman bungalows and cottages, as well as mid-century Minimal Traditional and Ranch homes. DRAFT Historic Preservation Plan 101 SHERMAN DR.roberts st.palmer dr.frame st.BELL ave.fowler dr.Oaklawn ave. Greenwood dr. b r ow n d r . forest st. woodland ST. UNIVERSITY DR. peach st.bell ave.preston pl . Figure 12: Oak-Hickory Local Historic District BELL AVENUE LOCAL HISTORIC DISTRICT Legend District boundary Parcels Buildings Buildings in the District Bell Avenue Local Historic District Adopted in 2019, the Bell Avenue Historic District consists of 28 buildings and encompasses a three-block stretch of North Bell Avenue in the Idiots Hill neighborhood. The district consists of several architecturally significant homes, including the Gertrude Gibson House at 1819 North Bell, as well as early 20th century bungalows and ranch types. The area was previously a Local Historic Conservation District. 102 Denton Historic Preservation Plan LOCAL CITY LANDMARKS A Denton City Landmark is any building, structure, site, district, area, and land that meets one or more of the following criteria: 1. Character, interest, or value as part of the development, heritage or cultural characteristics of the City, state, or the United States; 2. Recognition as a recorded state historic landmark, a national historic landmark or entered into the National Register of Historic Places; 3. Embodiment of distinguishing characteristics of an architectural type or specimen; 4. Identification as the work of an architect or master builder whose individual work has influenced the development of the City; 5. Embodiment of elements of architectural design, detail, material, or craftsmanship which represent a significant architectural innovation; 6. Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan based on architectural, historic, or cultural motif; 7. Portrayal of the environment of a group of people in an area of history characterized by a distinctive architectural style; 8. Archaeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest; 9. Exemplification of the cultural, economic, social, ethnic, or historical heritage of the City, state, or United States; 10. Location as the site of a significant historic event; 11. Identification with a person who significantly contributed to the culture and development of the City, State or United States; 12. A building or structure that because of its location has become of value to a neighborhood, community area or the City; 13. Value as an aspect of community sentiment or public pride. Local City Landmark designation does not regulate the use of the property; however, exterior changes and alterations, as well as proposed demolition, is reviewed by the Historic Landmark Commission. DRAFT Historic Preservation Plan 103 Local City Landmarks in Denton (as of April 2019) include: 1. Barrow House (1940) – 805 Bolivar Street 2. Bird-Davis House (1914) – 924 W. Oak Street 3. Blewett House (c. 1898) – 903 W. Oak Street 4. Blount-Greenlee House (c. 1895) – 703 Bolivar Street 5. Boyd-Wadley House (n/a) – 2016 N. Bell Avenue 6. Burgoon Boarding House (c. 1914) – 322 Texas Street 7. Campus Theater (1949) – 200-214 W. Hickory Street 8. Christal House (1906) – 722 W. Oak Street 9. Craddock House (1895-1900) – 2044 W. Oak Street 10. Cunningham House (1929) – 1015 W. Oak Street 11. Denton County Courthouse (1896) – 110 W. Hickory Street 12. Denton County National Bank (1913) – 100 N. Locust Street 13. Denton Woman’s Club (1928) – 610 Oakland Street 14. Dobbins-Capps House (1926) – 915 W. Oak Street 15. Elizabeth and James Isaac Anderson House (1929) – 1011 W. Oak Street 16. Evers House (1903) – 1035 W. Oak Street 17. F. V. Garrison House (c. 1900) – 1004 W. Oak Street 18. George W. Morrell House (1924) – 1109 W. Congress Street 19. Gertrude Gibson House (1929) – 1819 N. Bell Avenue 20. Giuseppe’s Brownlow House (1902) – 821 N. Locust 21. Herrick House (1923) – 1513 N. Locust Street 22. Ina and H. G. Brown House (n/a) – 1120 N. Locust Street 23. J. B. Farris House (1924) – 818 W. Oak Street 24. James and Ada Raley House (1895) – 801 W. Oak Street 25. James N. and Eva Rayzor House (1913) – 1003 W. Oak Street 26. John and Annie Maclachlan House (1912) – 1314 N. Locust Street 27. Judge Ben Jackson House (n/a) – 717 W. Oak Street 28. Judge J. W. Sullivan House (1920) – 1023 W. Oak Street 29. Kimbrough-Tobin House (n/a) – 120-122 W. Oak Street 30. L. and Idella Bailey House (1913) – 610 W. Oak Street 31. Lipscomb-Doggett House (1895) – 918 W. Oak Street 32. Lomax House (c. 1898) – 723 W. Oak Street 33. Martin-Russell House (1931) – 811 W. Oak Street 34. May-Wilkerson House (1878/1885) – 609 W. Oak Street 35. McClurkan House (1936) – 812 W. Oak Street 36. McCrory’s Variety Store (1901) – 118-120 N. Locust Street 37. Noyle-Graham-Millican House (1905) – 705 W. Oak Street 38. Oakwood Cemetery (1857) – E. Prairie and Bradshaw Streets 39. Old City Warehouse (1929) – 400 E. Hickory Street 40. Old Denton City Hall (1927) – 221 N. Elm Street 41. Old Denton Post Office (1919) – 218 N. Locust Street 42. Old Mill (1941) – 421 E. Hickory Street 43. Old Power Plant (1929) – 400 E. Hickory Street 44. Original Evers House (n/a) – 217 E. Oak Street 45. Paschall Building (1877) – 122 N. Locust Street 46. Ratliff-Schultz House (c. 1900/1949) – 923 W. Oak Street 47. Raymond and Iris May House (n/a) – 619 Pearl Street 48. Rayzor-Graham House (1912) – 928 W. Hickory Street 49. Robert Mounts House (1898) – 305 Mounts Avenue 50. Russell House (1890) – 1555 Lindsey Street 51. Scripture-Deavenport House (1885/1905) – 819 W. Oak Street 52. Scripture Building (1882) – 123 N. Elm Street 53. Sherman Building (n/a) – 101 N. Elm Street 54. Simmons-Maxwell House (1915) – 607 Pearl Street 55. Smith House (1922) – 1108 W. Congress Street 56. Stafford-Abbott House (1914) – 1018 W. Oak Street 57. T. W. Daugherty and Sons Site (n/a) – 119 W. Hickory Street 58. Tom and Philo Sample House (1940) – 912 W. Oak Street 59. Vacant Landmark Site (n/a) – 619 Grove Street 60. W. R. Lakey House (1922) – 520 N. Austin Street 61. The Locust Street Inn (1912) – 815 N. Locust Street 62. Unknown Name (n/a) – 900 Egan Street Figure 13: Local City Landmarks LOCAL LANDMARKS 56 29 28 10 15 48 25 46 16 58 23 35 49 47 54 30 37 2724 32333 5114 34 53 57 11 40 41 45 36 12 44 43 42 39 38 13 6 5 1 4 61 62 22 26 21 9 19 50 59 20 60 52 7 28 17 31 55 18 Legend District boundary Buildings Local Landmark (In West Oak Local Historic District) (South of the City) 104 Denton Historic Preservation Plan DRAFT Historic Preservation Plan 105 LOCAL CONSERVATION DISTRICTS A Local Historic Conservation District is a geographically defined area including a landmark or a group of landmarks, created by the City Council for the purpose of historic preservation. The City Council may establish more than one such historic conservation district. Landmarks within the boundaries of a historic conservation district are related by historical, architectural, or archaeological significance. Designation criteria for Local Historic Conservation Districts are stated within Section 35.7.7 of Denton’s Unified Development Code: 1. The proposed district must include buildings, structures, or sites which are fifty (50) years of age or be of historical significance. 2. The proposed district must include buildings, structures, or sites that have common character defining features and be of common form. 3. The proposed district must include buildings, structures, or sites which are similar in size, massing and scale and/ or have a common streetscape and/or have similar spatial relationships and/or contain common visual qualities such as vegetation, vistas, orientation, set back, spacing, site coverage, exterior features, or materials. 4. The proposed district must express a local identity as recognizable combinations of qualities common throughout an identifiable geographical area. As of August 2019, there are currently no designated Local Historic Conservation Districts. However, the Bell Avenue Local District was formerly a Local Historic Conservation District. RECORDED TEXAS HISTORIC LANDMARKS Administered by the Texas Historical Commission, Recorded Texas Historic Landmarks (RTHL) are buildings, sites, or structures significant architecturally or historically to the State of Texas. To be eligible for designation, historic resources must be at least 50 years old and possess a high level of integrity; owner consent for the designation is also required. Properties designated as RTHLs may be eligible for listing in the National Register of Historic Places in some cases; in others, National Register listed properties may not be eligible as an RTHL. Proposed exterior alterations to RTHLs beyond regular maintenance are reviewed by the Texas Historical Commission; property owners are required to notify the Commission of pending work 60 days before its commencement. The Commission may also institute an additional 30-day waiting period if a satisfactory decision has not been reached regarding building project plans. Recorded Texas Historic Landmarks are marked in Denton by distinctive marker medallions; RTHLs are also counted as part of the Texas Historical Marker program (discussed below). Recorded Texas Historic Landmarks (as of April 2019) within Denton include: • Campus Theater (1949) – 214 West Hickory Street • Christal House (1906) – 722 West Oak Street • Old Denton City Hall (1927) – 221 N. Elm Street • Denton County Courthouse (1896) – 110 West Hickory Street • Denton Senior High School (1924) – 709 Congress Street • James N. and Eva T. Rayzor House (1909) – 1003 West Oak Street • Lipscomb-Doggett House (1895) – 918 West Oak Street • Little Chapel in the Woods (1939) – 415 Chapel Drive • Martin-Russell House (1925-27) – 811 West Oak Street • Mounts-Wright House (1898) – 403 Mounts Avenue • Rayzor-Graham House (1912) – 928 West Hickory Street • Robert Mounts House (1898) – 305 Mounts Avenue • Scripture-Deavenport House (1885/1912) – 106 Denton Historic Preservation Plan 819 West Oak Street • Simmons-Maxwell House (1915) – 607 Pearl Street TEXAS HISTORICAL MARKERS The Texas Historical Marker Program, also administered by the Texas Historical Commission, commemorates buildings and places with special historical, architectural, and cultural significance to the nation, as well as the State of Texas, or a Texas region or locality. Commemoration takes the form of plaque markers that convey or interpret the history and significance of the site or building. Applications for the Historical Marker Program are taken annually by the Commission, although they must be first reviewed by the local County Historical Society (CHS). Denton Historical Marker applications are reviewed by the Denton County Historical Society. Owner consent for the application and placement of the marker is required; marker designation places no restrictions on the use and disposition of private property. Texas Historical Markers are regarded by the Commission as a critical centerpiece of the state’s heritage tourism program. Texas Historical Markers (as of April 2019) within Denton include*: • Beulah A. Harris (placed 2014) – Quakertown Park • Edna Westbrook Trigg (placed 2015) – Courthouse Square • First Baptist Church of Denton (placed 1997) – 1100 Malone Street • First Christian Church of Denton (placed 1997) – 1203 N. Fulton Street • First Methodist Church (placed 1996) – 201 S. Locust Street • First University Building (placed 1965) – University of North Texas • Historical Building, Curry Hall (placed 1994) – University of North Texas • I.O.O.F. Cemetery (placed 1996) – Carroll Boulevard • Immaculate Conception Catholic Church (placed 1994) – 2255 N. Bonnie Brae Street • Lacy Hotel (placed 1973) – 102 West Oak Street • North Texas State Fair and Rodeo (placed 2011) – 2217 N. Carroll Street • Oakwood Cemetery (placed 1982) – E. Prairie and Bradshaw Streets • O’Neil Ford (placed 2008) – 502 Oakland Street • Quakertown (placed 2011) – Quakertown Park • St. Emmanuel Missionary Baptist Church (placed 2006) – 509 Lakey Street • St. James African American M. E. Church (placed 1985) – 1107 E. Oak Street • Texas Normal College (placed 1965) – Courthouse Square • The City of Denton (placed 1977) – Courthouse Square • The First Building – Texas Woman’s University (placed 1974) – Texas Woman’s University • University Gardens (placed 1982) – Texas Woman’s University *Note: addresses indicate marker location, not necessarily the exact location for a building or site; the above list does not include Recorded Texas Historic Landmarks.) DENTON COUNTY HISTORICAL MARKERS PROGRAM The Denton County Historical Marker Program, administered by the Denton County Historical Commission, commemorates people, buildings, and places with special historical, architectural, and cultural significance to Denton County. Markers cover subjects on a wide range of topics that include communities and cities, cemeteries, churches, schools, ranches, land grants, events, businesses, historic individuals, archeology, and organizations. Commemoration takes the form of plaque markers that convey or interpret the history and significance of the person, site, or building. Inscriptions are written based on historical narratives and documentation found in records of the Denton County Historical Commission or the Texas Historical Commission’s archives. Marker designation places no restrictions on the use and disposition of private property. DRAFT Historic Preservation Plan 107 Denton County Historical Markers (as of April 2019) within Denton include: • Bayless-Selby House Museum (placed 2005) – 317 W. Mulberry Street • County Line Road Bridge at Denton Creek (placed 2016) – North Lake Park • Donal Road Bridge at South Hickory Creek (placed 2012) – Denton County Offices • Gregory Road Bridge at Duck Creek (placed 2012) – Denton County Offices • John B. Denton College Bell (placed 1984) – 201 S. Locust Street • Quakertown House / African-American Museum (placed 2008) – 317 W. Mulberry Street STATE ANTIQUITIES LANDMARKS Designated by the Texas Historical Commission, State Antiquities Landmarks receive formal legal protection under the Antiquities Code of Texas. Historic buildings must first be listed in the National Register of Historic Places before they can be designated as a State Antiquities Landmark. State Antiquities Landmarks are subject to design review from the THC for any proposed exterior alterations. State Antiquities Landmarks (as of April 2019) within Denton include: • Denton County Courthouse (1896) – 110 W. Hickory Street TEXAS CENTENNIAL MARKERS In 1935, the Texas Legislature created the Commission of Control for Texas Centennial Celebrations to celebrate the 100th anniversary of Texas’ independence from Mexico. Three million dollars was appropriated for “the placing of suitable markers, memorials or buildings at places where historic events occurred…the placing of monuments to early patriots of Texas…the purchasing of suitable tracts of land where necessary for an approved celebration; and the staging of pageants at appropriate places; and an exposition in the recognition of the basic industries and their historical significance in the progress and growth of Texas.” In 1936, the state placed about 1,100 exposition buildings, memorial museums, statues, and stone markers and monuments around Texas (Texas Historical Commission). Texas Centennial Markers within Denton include: • Denton County – Courthouse Square • John B. Denton – Courthouse Square • Pioneer Woman – Texas Woman’s University HISTORIC TEXAS CEMETERIES In addition to the Texas Historical Marker Program, cemeteries at least 50 years-old with significant historical associations to the State of the Texas are eligible to become a Historic Texas Cemetery, a prerequisite for receiving a Texas Historical Marker for a cemetery. The Historic Texas Cemetery program was established by the Texas Historical Commission in 1998 to promote the preservation and documentation of these important landscapes and historical resources. Designation as a Historic Texas Cemetery does not impose any restrictions on the daily operations of a cemetery or on land adjacent to the cemetery. Texas Historic Cemeteries (as of April 2019) within Denton include: • Oakwood Cemetery (1857) – East Prairie and Bradshaw Streets • Independent Order of Odd Fellows (I.O.O.F.) Cemetery (1860) – Carroll Boulevard Oakwood Cemetery, owned by the City since 1931, includes pioneer Denton County settlers, government officials and prominent early leaders. The I. O. O. F. Cemetery (owned by the City since 1933) includes pioneer Denton County settlers, local and state elected officials, and veterans of wars ranging from the Texas Revolution to World War II. Monuments and grave headstones in both cemeteries are also distinctive features of these landscapes. 108 Denton Historic Preservation Plan St. James AME Church © The Lakota Group DRAFT Historic Preservation Plan 109 One important element of a municipal preservation program is to survey, document and inventory historic resources and evaluate them for their architectural or historical significance and their potential eligibility to the National Register of Historic Places or for Local Landmark designation. An up-to-date and ongoing survey and documentation program provides the City and property owners with critical information that helps them with decisions regarding designation, property maintenance and improvements, and long-term stewardship. Just as important, a complete inventory of which properties are significant and contributing can help provide a broader understanding of which resources should be prioritized for preservation. Maintaining an on-going survey and documentation program is also a condition of the Certified Local Government (CLG) Program, and the City of Denton must continue its survey activities in order to maintain its CLG status. This section is an overview of past and current survey and documentation activities. 1994 HISTORIC RESOURCES SURVEY Starting in 1994, the City of Denton embarked on a multi-year effort to survey and document its historic resources. The initial survey identified 2,409 properties within the city limits as well as the city’s extraterritorial jurisdiction. The next phases of the project occurred in 1995-1996 and identified the following priorities: • 323 properties were considered a high priority for preservation. • 51 properties out of the above 323 were recommended for individual listing in the National Register of Historic Places. • A proposed Courthouse Square Historic District was recommended for listing in the National Register of Historic Places. • A proposed Congress School Historic District was recommended for listing in the National Register of Historic Places. • The existing locally designated Oak-Hickory Historic District was recommended for listing in the National Register of Historic Places. In 1997 the City of Denton prepared a multiple property nomination to be used for future National Register nominations for individual properties and historic districts. This was officially listed in 2000. In a second phase of the project, a Courthouse Square Historic District nomination was prepared, which was officially listed in the National Register of Historic Places in 2000. 2012 BOLIVAR NEIGHBORHOOD HISTORIC RESOURCE SURVEY The City of Denton completed a survey and documentation of the historic resources of the Bolivar Neighborhood. This project was funded through the National Park Service CLG grant program. The survey area was roughly bounded by Parkway Street on the south, Oakland Street on the east, Carroll Boulevard on the west, and University Drive on the north, and identified approximately 519 resources. The purpose of the survey was to identify, record and photograph the resources in order to evaluate individual properties and potential districts that meet the eligibility criteria for listing in the National Register of Historic Places or warrant further study. The completed survey identified the following priorities: • Option #1, Bolivar Neighborhood District: Consider designation of the entire survey area, which represents the early growth and development of Denton and the impact of Texas Woman’s University on the neighborhood. This would include 312 contributing buildings (61 percent) and 207 non-contributing buildings (39 percent). • Option #2, Partial Bolivar Neighborhood District: Consider designation of an area that excludes parts of Oakland Street, Parkway and North Elm to 2nd Street. There are 461 resources of which 307 are contributing (66%), and 164 non-contributing resources (34 percent). SURVEY AND DOCUMENTATION 110 Denton Historic Preservation Plan 2015 2015 IDIOTS HILL HISTORIC RESOURCES SURVEY The City of Denton completed a survey and documentation of the historic resources of the Idiots Hill Neighborhood. This project was funded through the National Park Service CLG grant program. The survey area was roughly bounded by North Locust Street on the west, East University Drive on the south, Old North Road on the east and a north boundary of Blue Bonnet Drive, East Windsor Drive and Emerson Lane and identified approximately 1,200 resources. The purpose of the survey was to identify, record and photograph the resources in order to evaluate individual properties and potential districts that meet the eligibility criteria for listing in the National Register of Historic Places or warrant further study. The completed survey identified the following priorities: • Bell Avenue Conservation District: The existing Bell Avenue Conservation District was recommended for designation as a locally-designated historic district. • District #1: A proposed District (#1 – Pre-War/Immediate Post War) containing 161 properties was recommended for listing in the National Register of Historic Places. The area is bounded by East University Drive on the south, North Locust Street on the west; Peach Street on the north; and the east property boundary of lots along Palmer Drive between Peach Street and Oaklawn Avenue, North Bell Avenue, and the eastern property boundary of lots facing west along North Bell Avenue from East Sherman Drive to East University Drive on the east. This area encompasses the existing Bell Avenue Conservation District. • District #2: A proposed District (#2 – Crestwood, Brownwood, Preston Place, Sauls) containing 219 properties was recommended for listing in the National Register of Historic Places. The area is bounded by an irregular line along Palmwood Place, Kayewood Drive, the southern property boundaries of 2001 Crestwood and 2002 Northwood, Roberts Street, Cherrywood Lane, Woodland Street, Frame Street, and East University Drive on the south; the eastern property boundary of lots along facing west along North Bell Avenue from East Sherman Drive to East University Drive on the west; and irregular line along East Sherman Drive and the north property boundary of lots along Greenwood Drive from East Sherman Drive to Kayewood Drive, the western property boundary of lots facing east along Robinwood Lane from Kayewood Drive to Shadywood Street, the eastern property boundary of lots facing west along Robinwood Lane from Shadywood Street to the southern property boundary of lots facing north along Mistywood Lane from Robinwood Lane to Glenwood Lane on the north; and along Glenwood Drive on the east. • District #3: A proposed District (#3 – Crestwood Extensions) containing 74 properties was recommended for listing in the National Register of Historic Places. The area is bounded by East University Drive and the southern property boundary of lots facing north along Greenwood Drive from Redwood Place to Glenwood Lane on the south; Glenwood Lane on the west; and the northern property boundary of lots facing south along Kayewood Drive and Laurelwood Drive from Glenwood Lane to East University Drive on the north and east. CATEGORY 1996 2015 2012 Historic Resources Survey 2,409 51 3 Idiots Hill Survey 1,200 -4 Bolivar Survey 519 -2 SURVEY PROJECT NAME # RESOURCES SURVEYED # NR ELIGIBLE RESOURCES # NR DISTRICTS PROPOSED Table 5: Denton Main Street Cumulative Investments DRAFT Historic Preservation Plan 111 N Elm St.N Locust St.ruddlel st.Highland Park Rd.N Elm St.N Locust St.Stuart Rd.E. Sherman Dr,Hercules Lane Loop 288 Denison St.Carroll Blvd.W. Win dsor D r.Bolivar St.W Oak St. W Hickory St. Mulberry St. Sycamore St. Willowwood St. Teasley Lane Parvin St.Teasley Lane Lillian Miller ParkwayPennsyl v a n i a D r . S o u t h r i d g e D r . Prairie St. I 3 5 maple st. W University Dr. Windsor St. Kings Row Windsor Dr. Withers St. E. McKinney St.Audra LaneN. Bell Ave.Mingo Rd.cordell st.N Bonnie Brae St.Emery St. cordell st. Paisley St.Hinkle Dr.Oakland St.W. Parkway St. Figure 14: Past Survey Areas SURVEY AREAS Legend Local Historic Districts Past Survey Areas Buildings Idiots Hill Old Congress Bolivar The following section highlights representative architecture styles reflected in Local Landmarks and found in Denton’s Local Historic Districts, neighborhoods, and commercial districts. Note that historic buildings in Denton are often eclectic in appearance, exhibiting features and stylistic characteristics of different architectural styles as tastes and preferences in design styles changed over time. Architectural styles and building forms are referred as separate terms below. An architecture style describes the specific exterior decorative elements and features that define that style. A building form is the overall shape and configuration of the building’s spaces, although they may exhibit some aspects and features of architectural styles. DENTON ARCHITECTURAL STYLES AND BUILDING FORMS # NR DISTRICTS PROPOSED 112 Denton Historic Preservation Plan ROMANESQUE REVIVAL (1880 - 1900) The Romanesque Revival was introduced in the United States during the mid-to-late 1800s from architectural prototypes in Europe. Henry Hobson Richardson was a prominent practitioner of the style during this time period with Trinity Church in Boston, Massachusetts, one of his signature works in the style. Wide, rounded arches is a key identifier of the styles along with masonry construction, making Romanesque architecture more expensive to build. This style is most frequent in the northeastern states, with scattered examples that occur throughout the nation. European Romanesque models were used for commercial and public buildings and appeared in American houses in the late 19th century. Features that identify the Romanesque Revival include: • Volume: two-to-three stories, typically with corner round towers • Roof: hipped roofs with one or more (most commonly two) lower cross gables are predominant. A variety of other roof forms also occur, including side gables, mansard, and simple hipped roofs. • Façade: asymmetrical with round-topped arches occurring over windows, porch supports, or entrances ― most have towers which are typically round with conical roofs. • Windows: lines of either arched or rectangular windows. Often deeply recessed windows and balconies. • Materials: rough-faced, squared stonework with two or more colors or textures of stone or brick to create a decorative pattern. Denton County Courthouse © The Lakota Group QUEEN ANNE (1880 - 1910) During the second half of the 19th century, the Queen Anne style prevailed as the most dominant domestic architecture and can be found in almost every community from the eastern states across the Midwest to the Great Plains and beyond. The proliferation of pattern books and the ready manufacture and distribution of pre-cut materials and architectural features popularized Queen Anne homes. Commercial versions of the Queen Anne are also prevalent in the Midwest and often exhibit detailed brickwork, towers, and window bays. Features that identify the Queen Anne style include: • Volume: two-to-three stories in height; one-story cottage forms are also common. • Roof: steeply pitched, pyramidal roofs and a dominant gable. • Façade: asymmetrical with cross-gables and partial, full-front or wrap-around porches. • Windows: double-hung, stained glass, and projecting bay windows, and Palladian windows within gables. • Tower: rounded and canted square towers or bay windows to one side of the front elevation. • Chimney: elaborate brickwork or corbeling. • Porch: spindle work, classical columns, or pediments with Eastlake ornamentation. • Materials: differing patterns of brick courses, or brick of different colors, terra-cotta panels, and clapboards. Blewett House, 903 W. Oak © The Lakota Group DRAFT Historic Preservation Plan 113 COLONIAL REVIVAL (1880S – 1950S) Colonial Revival is by far the most prevalent architectural style found in most Midwestern and Southern communities. The Colonial Revival style is believed to have started after the 1876 Philadelphia Centennial Exhibition where a “colonial kitchen,” replete with a spinning wheel, was reconstructed. The New York firm of McKim, Mead, White and Bigelow is often considered the first important practitioner of the style with the Appleton House in Lenox, Massachusetts, and the Taylor House in Newport, Rhode Island, as the most significant works in the style. Features that identify the Colonial Revival style include: • Volume: two and a half floors in height. Many homes have one or two-story story side wings. • Façade: symmetrical building forms with hipped roofs. • Windows: double-hung, multi-paned windows that are often paired together. • Porch: columned entry porches with entry doors, transoms, sidelights, and elaborate surrounds. • Materials: constructed in brick or stone masonry, and with roof materials consisting of slate, tile, or asphalt shingles. Martin-Russell House, 811 W. Oak © The Lakota Group PRAIRIE (1900S - 1920S) The Prairie Style is largely derived from the Arts and Crafts Movement of the late 19th century by Frank Lloyd Wright and his contemporaries. The Prairie Style was Wright’s unique vision of the Arts and Crafts Movement and was suited to the open land and flat prairies of the Midwest. As such, the style emphasized horizontality. Features of the Prairie style include: • Volume: two stories, typically, with one story wing, and lower in height compared to Victorian era or Revival Style houses. • Roof: low-pitched hipped roofs with very deep overhangs and horizontal bands of trim. • Windows: single-pane casement style windows that often feature art glass. • Chimney: broad and flat chimneys. • Materials: simple exterior materials, including stucco and wood. Wood siding is often horizontal board and batten rather than clapboards. Contrasting wall materials are also common. 1701 N. Locust St. © The Lakota Group 114 Denton Historic Preservation Plan TUDOR REVIVAL (1890 - 1940) Tudor Revival is based on late Medieval English prototypes from grand manors to thatched roof cottages and was popularized in the United States after World War I from the architectural pattern books of the day by returning serviceman who observed such prototypes first-hand while stationed in England. Features of the Tudor Revival include: • Volume: one and a half to two story. • Façade: dominated by one or more prominent front- facing gable. • Roof: steeply pitched dominant front or cross-gable, which is the style’s most identifiable feature. • Windows: tall narrow windows, diamond-paned casement windows, oriel and hexagonal window bays found in more high-style versions. • Chimney: substantial chimney stacks with chimney pots on front or side elevation. • Porch: small entry porch, commonly round or Tudor- arched. • Material: brick, stucco, or a combination of the two materials, with half-timbering often found in gable apexes or the upper story. Carved vergeboard, stone shields and stone quoin work around entry ways and window openings as typical ornamentation and decorative features. 1923 N. Bell Ave. © The Lakota Group CLASSICAL REVIVAL (1895 - 1950) The 1893 Chicago World’s Columbian Exposition revived interest in Classical architecture as the Fair’s planners authorized a Classical theme be used for all buildings constructed. From the mid-1890s to mid-20th century, Classical Revival became a popular style for both commercial and residential buildings. Features of the Classical Revival style include: • Volume: one to two-story • Façade: symmetrical facade and building elevations dominated by entry porches. Embellished elevations with pilasters crowned with capitals, stone or brick quoins, pedimented hoods over entries, and dentils within pediments, cornice lines or entablatures. • Windows: rectangular double-hung windows with multi-lights or stained glass. • Porch: full height columned entry porch with pediment and Corinthian or Ionic capitals dominating the front facade. • Materials: wood, brick, stucco or stone. Evers House, 1035 W. Oak © The Lakota Group DRAFT Historic Preservation Plan 115 FOURSQUARE (1890S TO 1920S) The Foursquare was a popular vernacular building form in nearly every part of the country from the 1890s through to the 1920s. Sometimes called the “Classical Box” or “Prairie Box.” Features of the Foursquare include: • Volume: two and a half stories. • Façade: “box” appearance and square floor plan. • Roof: medium-pitched pyramid hip roof; one or more centrally placed dormers. • Porch: full front columned porches (open or enclosed) with capitals and Queen Anne shingling. • Materials: brick or wood clapboard construction and sometimes stucco exterior. 716 W. Oak © The Lakota Group CRAFTSMAN (1905 - 1930) The Craftsman style derived in part from the Arts and Crafts Movement — a movement emanating mainly from England valuing hand craftsmanship, natural materials and simplicity in design and detailing while rejecting the Victorian-era emphasis on ornamentation and mass- production. Features of the Craftsman style include: • Volume: one to one and a half story ― second stories with hipped roofs area also common. • Roof: low-pitched gables roofs with deep overhangs, knee brackets or exposed rafter tails. Roofs punctuated by shed, hipped or eyebrow dormers. • Window: double-hung windows with three-over-one glazing pattern. • Porch: entry or full-front porches with tapered columns faced in brick, stucco, or stone. • Materials: wood clapboard, brick, stone, or stucco material. © The Lakota Group 116 Denton Historic Preservation Plan ART DECO (1920 - 1940) Art Deco developed in the 1920s — largely from the influence of the 1925 Exposition Internationale des Arts Decoratifs in Paris — as an architectural style featured in traditional building forms but with highly sculptural ornamentation. Highly stylized Art Deco buildings feature elaborately designed canopies. Art Deco was mainly used in commercial and institutional buildings, although residential examples can also be found. Features of the Art Deco style include: • Façade: exterior elevations are typically expressive of their underlying construction with forward piers dividing the buildings into different bays and window groupings. • Materials: brick, stone, concrete, and terra cotta. • Windows: multi-paned or steel framing – muntins are also common. • Ornamentation: often included scroll work, horizontal bandings, floral leaves, seashells, rosettes, garlands, flutes, ziggurat shapes, chevrons, and bas-reliefs. Ornamentation was often carved in stone and terra cotta and may be located along piers, around windows, in spandrel panels and in doorway entrances. Fine Arts Theater, 115 N. Ellen © The Lakota Group GEORGIAN REVIVAL(1900-1950) A variation of the Classical Revival, the Georgian Revival, based on Georgian-style homes of England and the American colonies during the 1700s, also emerged as a popular style for urban commercial buildings during the early part of the 20th century. Neo-Georgian buildings, in contrast to temple fronts, are often characterized with engaged columns or pilasters supporting a pediment and entablature rather than a portico, red brick with stone for decorative elements, quoins or decorative corner stones, and rusticated arcaded entrances with voussoirs (wedge-shaped stones used to construct an arch). • Volume: one to four-story rectangular box. • Façade: strict symmetry. • Roof: side-gabled roof, gambrel roof, and hipped roof. • Windows: double-hung, wide, shallow wood muntins with multi-panes • Ornamentation: triangular, pediments (some broken), engaged pilasters, rusticated first floors. • Materials: brick with stone panels and rustication. Texas Woman’s University © The Lakota Group DRAFT Historic Preservation Plan 117 MISSION (1890-1920) California was the birthplace of the Mission style and many of its landmark examples are concentrated there. By 1900, houses in this style were spreading eastward under the influence of fashionable architects and national builders’ magazines. A great variety of shaped dormers and roof parapets imitate those found on some Spanish Colonial mission buildings. Mission-shaped dormer or roof parapet are the main identifying features of this style. Additional features of the Mission style include: • Volume: typically two stories with a simple square or rectangular layout. • Façade: symmetrical or asymmetrical. • Roof: Mission dormer or roof parapet and/or widely over-hanging eaves, usually open ― some examples have unusual visor roofs. • Porch: prominent one-story porches, either at the entry area or covering the full width of the façade. • Windows: typically double-hung and are sometimes grouped together. • Materials: smooth stucco wall surface and thin red tile roof covering. 819 W. Oak St. © The Lakota Group MINIMAL TRADITIONAL / CAPE COD (1930S - 1960S) The Minimal Traditional Style developed in the 1930s as a simplification of the Colonial Revival, using some of the style’s traditional forms but without the ornamentation. The Minimal Traditional, or Cape Cod as it is sometimes called, accommodated homeowner desires for traditional looking houses, but were easier to build and cost less than more ornamented homes. For these reasons, the style was popular during the Depression and in the post-World War II housing boom. Features of the Minimal Traditional: • Volume: One and a half stories with simple hipped or gabled roofs and short overhangs. • Roof: Hipped or shed dormers often found on larger single or two-story vernaculars, often called Cape Cods. • Porch: House entries often protected by a small porch or roof overhang with stoop. • Windows: Windows are typically multi-pane, double hung flanked with shutters; a picture or bay window in the living room is also common. • Materials: Exterior materials may consist of brick, stone, wood clapboard, and aluminum and asbestos siding. 316 Panhandle St. © The Lakota Group 118 Denton Historic Preservation Plan RANCH/STYLED RANCH (1930S – 1970S) Originated in southern California in the mid-1930s, the Ranch house was a small house type that proliferated as a dominant house type in suburban subdivisions after World War II. Often located in large subdivisions, the Ranch-house suburbs form a dominant part of many American cities, including Dallas, Houston, Phoenix, Los Angeles, and Atlanta. Northern states favored the split- level and even two-story houses. Mid-Century Ranches, often called California Ranches, had dramatic modern designs with large picture windows. Styled Ranches refer to homes with certain stylistic features, such as Colonial cupolas, Tudor Revival timbering in gables, and Colonial columned entries. Early, small examples of the Ranch are sometimes called Ranchette, Minimal Ranch, or Traditional Ranch. Features of the Ranch form include: • Volume: broad one-story shape, built low to ground. • Façade: asymmetrical façade with front entry usually located off-center; and garage is typically attached to the main façade. • Roof: hipped roof, cross-hipped roof, side-gabled roof, and cross-gabled roof. Low pitch roof without dormers; commonly with moderate-to-wide roof overhang. • Windows: several different sizes and/or types of pre- manufactured windows. • Materials: wood, brick, stone, asbestos and wood shingles, concrete blocks, and stucco wall cladding were all used. Board-and-batten was a favored wood siding pattern, and frequently two or more materials were combined. © The Lakota Group 120 Denton Historic Preservation Plan DRAFT Historic Preservation Plan 121 POLICY REVIEW SECTION 4 122 Denton Historic Preservation Plan Revert historic districts to how they were before cars, bring back trams and encourage walkability and bikeability. Survey respondent POLICY REVIEW This section reviews local planning policies and their relation to local preservation planning in Denton, as well as the legal contexts that support historic preservation planning activities. Various policy documents, and other planning programs address the preservation of historic buildings, districts, sites, and other resources at the municipal level. Comprehensive plans, subareas, and neighborhood plans are the means for establishing clear goals and policies for promoting and encouraging historic preservation at the local level. A municipal historic preservation ordinance is also key to implementing local preservation policy and how important historic resources are preserved, protected, and managed over time. This section provides an analysis of Denton’s preservation ordinance, as incorporated in the Denton Development Code, in comparison to the Texas Model Historic Preservation Ordinance to determine any needed updates to enhance its effectiveness. A review of existing financial incentive programs for historic preservation, heritage tourism assets, and important local and institutional partners is also included in this section. DRAFT Historic Preservation Plan 123 FEDERAL AND STATE PLANNING CONTEXT The following is a description of national or state-level legislation or policies that guide and impact preservation planning activities in Denton. NATIONAL HISTORIC PRESERVATION ACT (NHPA) Enacted by the U.S. Congress in 1966, the National Historic Preservation Act established several programs including the National Register of Historic Places, the Advisory Council on Historic Preservation, and the Section 106 review process for protecting historic and archaeological resources from impacts due to federally funded or licensed projects. The National Register program is administered in Texas between the U.S. Department of the Interior/ National Park Service, the Texas Historical Commission, and the City of Denton through its designation as a Certified Local Government. CERTIFIED LOCAL GOVERNMENT PROGRAM (CLG) In 1980, the NHPA was amended to implement the Certified Local Government program, which allows for local communities to participate in statewide preservation planning activities, including access to grants and resources allocated by the U.S. Congress. The CLG Program is administered between the U.S. Department of the Interior/ National Park Service, the Texas Historical Commission (THC) and the designated CLG of which Denton is one, with the central purpose of developing a strong, effective historic preservation program at the local level. To become a CLG in Texas, a local community must adopt a historic preservation ordinance certified by the THC, establish a historic preservation commission, and have an active historic resource survey program. Local CLGs also play a role in National Register nominations by reviewing and commenting on nominations before they are forwarded to the THC and the State Board of Review. The State Board of Review evaluates and accepts National Register nominations before they are forwarded to the National Park Service for formal listing. Denton should take advantage of its designation as CLG and apply for CLG grants for future preservation planning initiatives such as historic resource surveys and National Register listings. ANTIQUITIES CODE OF TEXAS The Antiquities Code of Texas, passed in 1969 and amended in 1997, requires that any action that disturbs historic or archaeological sites on public land must be reviewed by the Texas Historical Commission. Public land can be owned or controlled by governments or agencies at the state, county, or city levels. Projects that can be reviewed include, but are not limited to, reservoirs constructed by river authorities and water districts, construction or expansion of city recreational parks and facilitates, energy exploration by private companies’ construction by a city or county government that exceeds five acres or 5,000 cubic yards, whichever comes first. If the activity occurs inside a National Register or locally designated historic district, or affects a recorded archeological site, it needs to be reviewed regardless of project size. STATE OF TEXAS LOCAL GOVERNMENT CODE; SECTION 213: MUNICIPAL COMPREHENSIVE PLANS Section 213 of the State of Texas Local Government Code permits local Texas communities and cities to develop and adopt comprehensive plans with specific elements for land use, transportation, and public facilities. In addition, a municipality may define the relationship between a comprehensive plan and development regulations and may provide “standards for determining the consistency required between a plan and development regulations.” Although Section 213 does not explicitly require the development and adoption of historic preservation elements to 124 Denton Historic Preservation Plan comprehensive plans, municipalities are not limited in the ability to “prepare other plans, policies, or strategies as required.” This Historic Preservation Plan will augment the historic preservation element of the Denton Plan 2030. LOCAL GOVERNMENT CODE OF TEXAS, SECTION 211, MUNICIPAL ZONING AUTHORITY Section 211 of the Local Government Code of Texas is the zoning enabling act for Texas municipalities and authorizes local communities to adopt zoning regulations for the “purpose of promoting the public health, safety, morals, or general welfare and protecting and preserving places and areas of historical, cultural, or architectural importance and significance.” It also states that “…in the case of designated places and areas of historical, cultural, or architectural importance and significance, the governing body of a municipality may regulate the construction, reconstruction, alteration, or razing of buildings and other structures.” Section 211 allows local municipalities to adopt and implement historic preservation ordinances to prevent the loss of historic resources and establish historic preservation commissions to review proposed alterations to historic buildings and structures. LOCAL PLANS AND POLICIES DENTON PLAN 2030 Adopted in 2015, the Denton Comprehensive Plan – known as the Denton Plan 2030 – is the official policy document for community land use; fiscal and economic vitality; community character and urban design; parks, conservation, and the environment; mobility; housing and neighborhoods; community health, safety, and services; and, infrastructure and utilities. The Denton Plan presents key planning goals and principles, including promoting growth and redevelopment within Downtown Denton; creating development standards for urban design, streetscape, scale, and architectural character for the neighborhoods adjacent to the universities; and, creating compatible infill development. The Community Character and Urban Design chapter addresses historic preservation with three overarching planning goals: • Identifying and preserving distinctive neighborhoods, places, and historic resources in the city in order to celebrate their presence and ensure their long-term protection; • Promoting the character of Denton through expanded arts and culture programs and opportunities for placemaking and community interaction; • Encouraging high quality development that will respect and enhance the character and pride of Denton. The preservation planning goals frame key preservation challenges identified through the comprehensive planning process, which include: “protecting Denton’s historic character areas through thoughtful preservation and integration of new development; preserving and maintaining the unique character of Denton for long-term sustainment of community character; promoting Denton’s character through public art, arts and culture, heritage tourism, and places for community interaction; and, achieving exemplary urban design in future and existing development throughout Denton’s neighborhoods, centers, and land uses.” To address these challenges, the Denton Plan 2030 outlines several preservation planning strategies and actions, which include: • Historic Resource Surveys. The process of identifying and evaluating Denton’s historic resources in order to promote maintenance, preservation, and designation as local landmarks or listing on the National Register requires continually updating and expanding the City’s survey work. Surveying large parts of Denton provides the information necessary to identify and recommend areas that qualify for historic districts based on distinctive character, scale, and overriding, intact architectural character. Several surveys have been completed in the last 20 years. • Neighborhood Conservation Districts. Many Texas communities have adopted neighborhood conservation districts as a tool to protecting areas with distinctive character and scale with overriding, intact architectural character that may not otherwise qualify as a National Register or Local Historic Overlay district due to alterations or loss to the building fabric. Neighborhood conservation districts also allow area residents and stakeholders to DRAFT Historic Preservation Plan 125 Texas Woman’s University; The Sherman Building © The Lakota Group determine the level of design review, whether advisory or mandatory, through a neighborhood planning process. The City of Denton created the Bell Avenue Conservation District in 2008; however, the district was changed to a local historic district in 2019. • Historic Preservation Plan. The Denton Plan 2030 recommended the updating the Historic Preservation Plan to identify historic resources that should receive local protection and state and national recognition by 2030. The current preservation plan was completed in 1986 and several of its recommendations – including creation of the West Oak Historic District, completion of several historic resource surveys, and continuation of Landmark designation – have been accomplished. • Mapping Historic Resources. Technological advances in computer mapping and Geographic Information Systems (GIS) has made the mapping and survey data access a priority for active communities. The Denton Plan 2030 encourages the mapping of historic resources as part of the Plan’s citywide branding and placemaking strategy to highlight Denton’s historic resources. • Financial Incentives. Many Texas communities have recognized the economic challenges of maintaining and preserving historic building for many property owners. This is often addressed through local incentives that pair with state and federal incentives for historic building rehabilitation. The Denton Plan recommends creating a local tax incentive program for owners of historic properties, as well as continuing to provide existing financial programs, such as façade improvement grants to downtown property owners. 126 Denton Historic Preservation Plan Fairhaven Retirement Home © The Lakota Group • Preservation of Historic Resources. The Denton community has undertaken exceptional efforts to survey a significant portion of the city, creating a number of local and National Register Historic Districts. However, the last National Register district listing was the Courthouse-on-the-Square, nearly 20 years ago. Properties and areas that have previously been identified in historic resource surveys – and any properties or areas identified in the future – should be recommended for listing in the National Register. Voluntary designation of Local Landmarks by property owners should also be encouraged. • Historic Preservation Planning. The City often prepares Small Area Plans for distinctive areas or neighborhoods in Denton to guide and manage future growth and land use to ensure compatible, appropriate development. Preservation policies and guidelines should be integrated into the planning process when creating Small Area Plans for Downtown Denton, residential neighborhoods and commercial districts, or university areas to ensure that existing character, aesthetic, and scale are maintained. • Maintenance and Code Enforcement. Ensuring the proper and sustained maintenance of Denton’s historic resources was identified as key issue that can be addressed by updating the Property Maintenance Code regularly and providing support for code enforcement activities. • Heritage Tourism and Economic Development. The Denton Plan 2030 suggests specific initiatives that support increased heritage tourism and preservation-based economic development, including, among others, promoting preservation as a means to increase economic, cultural, and educational diversity; and integrating historic resources and wayfinding into the citywide branding and placemaking strategy to generate heritage tourism. In addition to the historic preservation actions proposed, the Denton Plan 2030 also outlines several other key planning strategies that impact or relate to historic preservation. Among these include: Downtown Planning • Create a Downtown Compatibility Area Small Area Plan, land use designation, and development standards for urban design, streetscape, scale, and architectural character. Development standards should follow general urban design principles and policies of the Community Character and Urban Design Element of the Denton Plan, and any future citywide Urban Design Plan. • Establish the Downtown Denton future land use designation to create distinction in Denton’s Downtown and establish a mix of uses to contribute to its sense of place and vitality. Development criteria of the Downtown Denton land use should preserve historic structures and features wherever possible. • Create regulatory incentives to expand housing in and adjacent to Downtown through adaptive re-use, utilization of upper stories, and infill development. DRAFT Historic Preservation Plan 127 University-Neighborhood Districts • Establish agreements for joint City of Denton-university planning, partnership, and collaboration within the Neighborhood/University Compatibility Areas, focusing on issues such as the preservation of historic structures and features. • Establish a Neighborhood/University Compatibility Area future land designation and development standards to allow for appropriate and high-quality development adjacent to Denton’s universities. Development criteria should preserve historic structures and features wherever possible. Development standards should follow the general urban design principles and policies of the Community Character and Urban Design Element of the Denton Plan, and the proposed citywide Urban Design Plan. Residential Neighborhoods • Conduct an inventory to identify areas of the city with infill potential within established neighborhoods. • Establish criteria to identify the characteristics of compatible infill development, which would include guidelines to prevent impacts and encroachments of incompatible uses, development scales and intensities. • Create residential design standards to improve aesthetic quality and variety, including materials, color palettes, and architectural features, such as porches and other elements typical in the region. • Couple neighborhood conservation strategies with local historic district, historic conservation area, and Neighborhood Stabilization Overlay policies. Other Land Uses and Planning Recommendations • Establish the Commercial, Institutional, and Industrial future land use designations that ensure ensuring new development in each area is sensitive to the surrounding built and natural context in scale and form. • Encourage use of conservation easements and land trusts to protect agricultural land and heritage rangelands through State of Texas Department of Agriculture (i.e. Family Land Heritage Properties) and Natural Resources Conservation Service (NRCS) programs. • Continue the city’s wayfinding strategy to guide motorists, bicyclists, and pedestrians throughout Denton, noting key entry points, landmarks, and destinations, and coordinate with the citywide branding and placemaking strategy to call out landmarks and destinations as part of this strategy, where feasible. • Explore the viability of historic building reuse in housing new community facilities and spaces for community programs. 2002 DOWNTOWN MASTER PLAN In 2002, the City of Denton prepared and adopted a Downtown Master Plan to help spur revitalization and investment activity in downtown Denton ― “…the very heart and soul of the community – the courthouse in its square is one of the finest of its type in Texas, and the square itself is an integral part of the city’s culture. Festivals, celebrations, and other activities are held in the square and among its historic buildings” (Downtown Master Plan, 2002, page 1). The Master Plan sets forth a new vision for the downtown that promotes and ensures its mixed-use character, pedestrian friendly environment, linkages to parks and open space, and high-quality built environment, including its historic buildings. Major Master Plan initiatives focus on comprehensive streetscape improvements, parking management and transportation, building improvements, and residential and mixed use developments in specific sub areas north and south of the core downtown area. The Master Plan also proposed a conference and performing arts center in the south downtown area. While the Master Plan does not include a historic preservation strategy, it does emphasize that new development should be compatible with the existing core of historic buildings in and around the Courthouse Square and that revitalization efforts should focus on maintaining the Square economic vitality. 128 Denton Historic Preservation Plan © The Lakota Group 2010 DOWNTOWN IMPLEMENTATION PLAN The 2010 Downtown Implementation Plan was prepared as a follow-up to the 2002 Downtown Master Plan providing a more comprehensive implementation framework to the 2002 Master Plan land use goals. The Plan’s major recommendations include the future development and adoption of a form-based zoning code, the creation of a Tax-Increment Financing District to help fund downtown infrastructure projects and an incentive program to facilitate downtown private-sector investment. Other initiatives include the establishment of environment design standards for new development, and the implementation of various downtown parking and transportation enhancements. Like its predecessor plan, the 2010 Downtown Implementation Plan does not incorporate a specific historic preservation strategy but does identify downtown’s “contributing” architecture ― buildings that define a certain quality of design and use of materials that should inform and guide new development under a form-based zoning framework. Any new development within the should respect the “historic tradition with a distinct base, middle, and top (often called tri-partite architecture…” (Downtown Implementation Plan, 2010, page 52). 2019 OAK GATEWAY AREA PLAN The City is in the process of completing an Area Plan for the neighborhoods surrounding the University of North Texas, including the West Oak and Oak-Hickory Historic Districts. The Gateway Area Plan’s principal objectives focus on addressing parking and transportation issues related to new development and the expansion of facilities for the University of North Texas, as well as enhancing neighborhood physical spaces and environments, guiding appropriate infill development, and preserving and maintaining historic resources and assets. The planning process was completed in the early summer of 2019. CITY ZONING In addition to comprehensive and area development plans, preservation policy at the local level is also enacted through zoning and other land use regulatory tools. This section reviews Denton’s zoning and land use regulatory tools and the legal contexts that support preservation planning in Denton. DENTON DEVELOPMENT CODE; SUBCHAPTER 2: ADMINISTRATION AND PROCEDURES; SECTION 2.3: REVIEW AND DECISION-MAKING BODIES; SUBSECTION 2.3.3: PLANNING AND ZONING COMMISSION Section 2.3.3 of the Denton Development Code authorizes the establishment of the Planning and Zoning Commission, which shall have “…the review and decision authority as shown in Table 2.2-A pursuant to the application-specific procedures as outlined in this DDC.” The Planning and Zoning Commission will have review/ recommendation powers over specific use permits, comprehensive plan amendments, zoning amendments and DRAFT Historic Preservation Plan 129 an alternative Environmental Sensitive Area plan. The Commission will have decision powers over preliminary and final plats as well as replats. Local Historic Districts are also reviewed and approved by the Planning and Zoning Commission. DENTON DEVELOPMENT CODE The City of Denton’s main zoning document is its Denton Development Code (DDC). The DDC contains the City’s land use, development, and zoning regulations with the purpose of promoting the health, safety, morals, and general welfare of the community. It is also meant to implement the policies, goals, and objectives of the Denton Comprehensive Plan. The DDC’s Purpose section (Section 1.2) specifies that the DDC is also designed to “preserve and protect the natural environment, improve the city’s appearance, and encourage the appropriate use of land, buildings, and structures.” Like most municipal zoning ordinances, the DDC regulates land use and development through base zoning districts, overlays, special districts, and development standards, among other zoning tools. Historic Preservation is addressed in different sections of the DDC: Subchapter 2: Administration and Procedures (2.2 – Summary Table of Review Procedures), which lists the various procedures and directs you to the appropriate section; (2.3.6 – Historic Landmark Commission), which describes the roles and responsibilities of the Historic Landmark Commission; (2.9 – Historic Preservation Procedures), which outlines the Certificate of Appropriateness process, as well as the Landmark and Historic District designation procedures; Subchapter 4: Overlay and Historic Districts (4.1 through 4.4), which includes the provisions for establishing Historic District Overlays; and (4.9 Historic Landmark Preservation and Historic Districts), which provides the boundaries and architectural requirements for the City’s designated historic districts. A more formal analysis of the DDC and its historic preservation provisions as it compares with the Texas Model Historic Landmark and District Zoning Ordinance (the “Model Ordinance”), as developed by the Texas Historical Commission is included in Appendix 6. The following table compares the relative strengths and weaknesses of the Denton Development Code to other cities and communities in the region. TYLER MCKINNEY Grapevine PLANO Fort worth DENTON Waco Texas Model ORDINANCE YES NO NO NO NO YES NO NO NO NO NO NO YES NO NO NO NO NO YES NO NO NO NO YES NO YES YES YESYES (PROOF OF BURDEN) 90-180 days NO (STAFF ADVISORY REVIEW)YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES Owner Consent to Municipal Landmark Designation Owner Authority to Request Landmark De- Designation/ Removal from Historic District Demolition by Neglect Provision Conservation Districts Demolition Delay Mandated Design Review for Properties in Local Historic District Mandated Design Review for Local Landmark Table 6: Local Historic Preser- vation Ordinance | Community Comparison 130 Denton Historic Preservation Plan DESIGN REVIEW Design review is the process in which both public and private projects are evaluated for their visual, aesthetic, architectural and urban design qualities, as well as their appropriateness and compatibility to the surrounding environment and setting. In the context of this Historic Preservation Plan, design review is associated with the Historical Landmark Commission’s administration of the Certificate of Appropriateness (COA) review process for City Landmarks and properties located in Historic or Conservation Districts. For its design review purposes, the Historic Landmark Commission currently uses architectural requirements prepared by the City of Denton to regulate appropriateness of the use, construction, alteration, repair, improvement and alteration of buildings, structures, properties, and sites within its three local historic districts. Subchapter 4: Overlay and Historic Districts within the Denton Development Code provides a section for each historic district with corresponding Architectural Requirements developed specifically to meet the needs of that district’s historic resources. Tailoring design review standards to each district and inserting them in the DDC ensures their legal enforcement; however, a property owner must look through the Development Code in order to find them. Creating a user-friendly companion document of the architectural requirements, including photographs and illustrations for easy comprehension, is recommended. Many communities provide a separate document outlining their design review standards for ease of communication and outreach to property owners. The recent creation and City Council approval of the Denton Square District Standards and Guidelines document is a good example. Administrative review by the Historic Preservation Officer is formalized in the Certificate of Appropriateness language in Section 2.9.2 of the DDO. The ordinance authorizes the HPC to approve or deny COA applications for ordinary maintenance, minor exterior alterations and within conservation districts. Denton Civic Center © The Lakota Group DRAFT Historic Preservation Plan 131 132 Denton Historic Preservation Plan DRAFT Historic Preservation Plan 133 THE COMMUNITY SPEAKS SECTION 5 134 Denton Historic Preservation Plan We have to preserve our neighborhoods’ architectural styles and unique heritage. Survey respondentSurvey respondent COMMUNITY SPEAKS While preparing the Historic Preservation Plan, the Lakota Group conducted the following engagement efforts to determine key preservation planning issues, including the following activities: • Historic Landmark Commission Orientation Session (October 8, 2018) • Focus group session with historic district property owners (January 8, 2018) • Focus group session with Mayor of Denton and various City department heads, including Community Development, Parks and Recreation (December 10, 2018) • Interview session with Director of Planning and Development, Texas Woman’s University (December 10, 2018) • Focus group session with local developers (December 10, 2019) • Focus group session with local architects (December 11, 2019) • Focus group session with members of the Denton Planning Commission (December 11, 2018) • Interview session with Historic Denton (December 11, 2019) • Focus group session with members of the Historic Landmark Commission (December 11, 2018) • Focus group session with Denton County Office of History and Culture (December 11, 2018) • Community Open House #1 (February 18, 2019) • Community Open House #2 (June 17, 2019) DRAFT Historic Preservation Plan 135 Project Brand Promotional Material Social media post 1 Social media post 2 Project Website Community Workshop Poster The graphics used to communicate these engagement efforts are highlighted below. 136 Denton Historic Preservation Plan 100% of participants strongly believe in protecting views of the Denton County Courthouse. Courthouse © Joshua Bloom COMMUNITY WORKSHOP #1 The City of Denton hosted a community workshop on Monday, February 18, 2019 in the lobby of the Hickory Street Office Building. About 30 community residents and stakeholders engaged in the workshop. The purpose of the workshop was to introduce the planning process, as well as the benefits, approaches and meaning of historic preservation. More importantly, the workshop featured interactive exhibits to gather input from residents, giving them the opportunity to take part in the decision-making process. The following pages summarize the results of the community workshop exercises. COURTHOUSE VIEW CORRIDORS Participants were asked their opinion about whether the City should consider protecting views of the courthouse or not. All participants (100%) strongly believe in this initiative. DRAFT Historic Preservation Plan 137 VOTING: PRESERVATION ACTIONS Participants were given seven “planning dollars” to spend on different preservation initiatives. These initiatives don’t all cost the same — the cost reflects the level of investment the City would have to take. The costs (in “planning dollars”) are as follows: Planning dollars were spent as follows: Neighborhood Revitalization received the most planning dollars, with each vote worth $2 planning dollars. Less expensive initiatives traditionally get more votes, and participants consider them to be ‘safe options’. Additional Landmark and Historic Districts Initiative received the highest number of votes at 48, followed by the Neighborhood Revitalization Initiative with 37 votes. Additional initiatives that participants brainstormed include: • Use taxes to help pay a percentage of construction cost. • Aside from economic or cash/tax incentives, maybe engineering/design consultancy. • Façade improvement incentive. • A higher cap than $25,000 for downtown rehabilitation • Lower interests on loans. • Zoning change incentives. IMAGINING AND RE-USE Participants were asked to identify a location where they see a potential for a site or building rehabilitation, and propose a re-use. One potential location is the “Downtown Mini Mall” on the square. The site sits vacant after a fire consumed the building on December 26, 2017. Suggestions for the re-use sites included: • The Old Post Office Site (office use) • Morrison Milling Site (commercial Use) • Mini Mall Site (commercial use) Participants mostly emphasized the need to preserve the urban fabric and historic character when rehabilitating the suggested sites. $1 $74 $48 $48 $21 $1 $2 $3 ADDITIONAL LANDMARKS & HISTORIC DISTRICTS EDUCATIONAL INITIATIVES NEIGHBORHOOD REVITALIZATION NEIGHBORHOOD REVITALIZATION (37 VOTES) ADDITIONAL LANDMARKS & HISTORIC DISTRICTS (48 VOTES)ECONOMIC DEVELOPMENT (16 VOTES)EDUCATIONAL INITIATIVES (21 VOTES) ECONOMIC DEVELOPMENT 138 Denton Historic Preservation Plan Figure 15: Big Map Exercise Results 1 2 3 4 5 6 7 BIG MAP EXERCISE Participants were asked to identify potentially historic areas including neighborhoods and open spaces. The map above highlights potential districts identified by open house attendees with a light yellow wash and blue markers (existing local historic districts are called out in gold). 1. Located north of Oak Hickory and West Oak Historic Districts and west of Quakertown. 2. Located north east of Bell Avenue Conservation District. 3. Courthouse Square. 4. Located east of the Courthouse Square. 5. Located south of Oak Hickory Historic District 6. Located South of Highway 35 East. 7. Located in the south eastern portion of the City, in Southridge development. 7 6 5 4 3 2 1 DRAFT Historic Preservation Plan 139 The City of Denton hosted an online survey that was open to the public for three weeks. About 190 community residents and stakeholders participated. The purpose of the online survey was to give residents, who couldn’t make it to the community workshop, the chance to learn about the planning process and share their thoughts. The online survey featured interactive exercises that mirror those presented in the community workshop. The following pages summarize the results of the online survey exercises. COURTHOUSE VIEW CORRIDORS Participants were asked their opinion about whether the City should consider protecting views of the courthouse or not. Similarly to the open house, the majority of respondents (92%) were in favor of this initiative. VOTING: PRESERVATION ACTIONS Participants were asked to rank four different preservation initiatives. The items ranked in the order below: 1. Additional Landmarks & Historic Districts (110 votes) 2. Neighborhood Revitalization Initiatives (107 votes) 3. Educational Initiatives (74 votes) 4. Economic Development Initiatives (30 votes) 1 2 3 4 Echoing the results of the community workshop, Additional Landmarks and Historic Districts ranked as the most important initiative with 110 votes, followed by Neighborhood Revitalization initiative with 107 votes. The City may explore the opportunity to nominate potential districts highlighted in the big map exercise in Figure 15. Additional initiatives that participants brainstormed included: • Zoning regulations that prohibit multi-dwelling units in single-family unit neighborhoods • Green initiatives including preserving trees, gardens, and open spaces and encouraging additional parks and open spaces • Design guidelines and signage/storefront guidelines for the courthouse square • Ordinance restrictions on murals • Prohibition of high-rises, Airbnbs, and SRO units • Expedited city services and permitting for businesses that rehab historic properties • Fire code regulations for historic buildings • Additional tax incentives for the revitalization of historic buildings • Restoration assistance • Walkability initiatives that limit car use and emphasize public transportation • Partnerships with UNT and TWU • Additional incentives for long-time small business owners • Code revisions • Remove the confederate monument in the square/move to indoor museum • Revitalization of the theatre on the square ONLINE SURVEY #1 140 Denton Historic Preservation Plan • TWU and Quakertown • The corridor between UNT and Downtown • Northeast Denton • Old Post Office • Idiots Hill • Nottingham woods development • PECAN Neighborhood • Morrison Milling tower • Austin Street • Wells Fargo building • Area north of Oak-Hickory • Normal street and Normal school area • Downtown Denton • Historic areas around UNT and TWU • Fine Arts Theatre • Campus Theatre • Area between Eagle and Parkway, Carroll and Bell • First United Methodist Church • The Morrison Corn Kits sign • The bank building on the square • The areas around the existing Oak-Hickory district • Single family homes from Eagle to Sycamore • Elm, Locust, Hickory and Oak Streets • Slave cemetery • John B. Denton statue • Old Alton Bridge • Southridge area southeast of Denton • Homes that students of O’Neil Ford designed • Old missile base north of the City • Fred Moore School • Bolivar Street Arts District • Calhoun Middle School • Anything over 100 years old WHAT TO PRESERVE? Participants were asked to identify potentially historic landmarks or districts that should be preserved. Below are a sampling of results from this exercise: TODAY AND TOMORROW Participants were asked to share what preservation in Denton is like now and in the future. Below are some of the shared thoughts: ESSENTIAL A MODEL AN ECONOMICCATALYST INNOVATIVECOMMON PLACE FORWARDTHINKING SUPPORTIVE OF NEIGHBORHOODINITIATIVES DEPENDENT ON ACTIONS TAKEN TODAY TOMORROW, PRESERVATION IN DENTON WILL BE... BALANCED WITH DEVELOPMENT PART OF WHAT MAKESDENTON UNIQUE A TOP PRIORITY IMPORTANT HOPEFUL SLOW LACKINGGAININGMOMENTUM VITAL INCONSISTENTGROWING TODAY, PRESERVATION IN DENTON IS... FOCUSED ON THE SQUARE WORKING TOWARDS A BETTER DENTON NOT THE FIRST PRIORITY DRAFT Historic Preservation Plan 141 The City of Denton hosted a community workshop on Monday, June 17, 2019 in the Senior Center Blue Room. About 70 community residents and stakeholders engaged in the workshop. The purpose of the workshop was to feature potential historic districts and landmarks and other initiatives through interactive exercises that will help guide the future of historic preservation in Denton. The following pages summarize the results of the community workshop exercises. FUTURE SURVEY AND REGISTRATION Participants were asked to identify future survey areas, national register districts, and conservation districts. Refer to Figure 16 for more information. COMMUNITY WORKSHOP AND ONLINE SURVEY #2 Survey areas identified identified by participants, in order of highest to lowest votes: • Survey Area S3 (64.4%) • Survey Area S4 (59.7%) • Survey Area S5 (39.5%) • Survay Area S1 (34.7%) • Survey Area S6 (34.3%) • Survey Area S2 (26.7%) • Survey Area S7 (22.3%) National Register districts identified by participants, in order of highest to lowest votes: • National Register District N5 (65.15%) • National Register District N4 (55.4%) • National Register District N2 (55.4%) • National Register District N3 (47.7%) • National Register District N1 (40.6%) National Register districts identified by participants, in order of highest to lowest votes: • Conservation District C4 (59%) • Conservation District C2 (58.4%) • Conservation District C3 (57.4%) • Conservation District C1 (55%) • Conservation District C5 (54%) There are enough unique, interesting homes in N5, that I could support this. The entire Idiots Hill neighborhood N1 should be considered for National Historic Register nomination or Historic Conservation designation. Survey respondent Survey respondent 142 Denton Historic Preservation Plan Figure 16: Survey and Registration N Elm St.N Locust St.ruddlel st.Highland Park Rd.N Elm St.N Locust St.Stuart Rd.E. Sherman Dr,Hercules Lane Loop 288 Denison St.Carroll Blvd.W. Windso r Dr.Bolivar St.W Oak St. W Hickory St. Mulberry St. Sycamore St. Willowwood St. Teasley Lane Parvin St.Teasley Lane Lillian Miller ParkwayPennsyl v a n i a D r . So u t h r i d g e D r . Prairie St. I 3 5 maple st. W Unive r si t y D r. Windsor St. Kings Row Windsor Dr. Withers St. E. McKinney St.Audra LaneN. Bell Ave.Mingo Rd.Panhandle St.N Bonnie Brae St.Emery St. cordell st. Paisley St.Hinkle Dr.Oakland St.W. Parkway St. S1 N1 N2 N4N5 N3 C4 C5 C3 S2 S3 S4 S5 S6 S7 Legend Future Survey Areas Future National Register Districts Future Conservation Districts C1 C2 S N C DRAFT Historic Preservation Plan 143 FUTURE LOCAL LANDMARKS Participants were asked to identify which buildings or structures have the potential to be local landmarks based on their historical or architectural significance to the community. Below is a list of potential landmarks, in order of highest to lowest votes: (Note: no property may be designated a local landmark without a public process and generally owner consent is required.) • 415 Chapel Drive (93.6%) • 927 North Locust Street (88.6%) • 709 West Congress Street (86.5%) • 201 South Locust Street (85.4%) • 319 East Prairie Street (79.5%) • 709 Bolivar Street (64.4%) • 719 West Sycamore Street (67.3%) • 301 North Locust Street (59.6%) • 2604 North Locust Street (59.5%) • 1415 North Locust Street (59%) • 1317 North Austin Street (59%) • 105 East Hickory Street (57.7%) • 1306 North Locust Street (56.8%) • 602 Bernard Street (52%) • 110 Friar Tuck Circle (48.9%) • 116 Forest Drive (48%) • 401 West Sycamore Street (48%) • 1421 North Locust Street (47.7%) • 800 North Loop 288 (47.7%) • 921 Stuart Road (46.8%) • 127 East Sherman Drive (46.8%) • 222 South Elm Street (46.8%) • 1203 Fulton Street (46%) • 2226 North Locust Street (44.6%) • 431 East Sherman Drive (44.6%) • 1428 North Locust Street (43.2%) • 2628 Jamestown Lane (42.5%) • 301 South Locust Street (40.4%) • 1712 Highland Park (37.5%) • 206 Bernard Street (36.5%) • 2108 Northwood Terrace (35.4%) • 610 Bernard Street (33.3%) • 2130 Northwood Terrace (33.3%) 415 Chapel Drive © The Lakota Group 927 N Locust St © The Lakota Group 144 Denton Historic Preservation Plan HISTORIC PRESERVATION INITIATIVES Participants were asked to identify to what extent they agree with the following initiatives. Increase public understanding of historic preservation benefits through ongoing education and advocacy. • Action 1: Create new publications that inform investors, business owners, and residents on the benefits of rehabilitating, preserving and adapting historic resources. • Action 2: Disseminate and publicize information preservation preservation educational materials utilizing the internet and other digital technologies. • Action 3: Conduct ongoing educational and training programs in historic preservation for local stakeholders and residents. Facilitate building rehabilitation and adaptive use projects that spur revitalization of Denton’s traditional downtown, and neighborhoof commercial districts. • Action 1: Maintain and leverage a range of incentive programs to address different preservation needs. • Action 2: Create and support planning programs and initiatives that advance preservation and community revitalization objectives. Participants ranked both initiatives as high priority at 80% important. INITIATIVE #1: PRESERVATION, EDUCATION, AND ADVOCACY. INITIATIVE #2: REVITALIZATION DRAFT Historic Preservation Plan 145 Community Workshop #1 © The Lakota Group 146 Denton Historic Preservation Plan DRAFT Historic Preservation Plan 147 APPENDICES SECTION 6 148 Denton Historic Preservation Plan This appendix is adapted from Section 2 of the National Register Bulletin: How to Apply the National Register Criteria for Evaluation, National Park Service, U.S. Department of the Interior. CRITERIA FOR EVALUATION The quality of significance in American history, architecture, archeology, engineering, and culture is present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association, and: A. That are associated with events that have made a significant contribution to the broad patterns of our history; or B. That are associated with the lives of significant persons in our past; or, C. That embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or, D. That have yielded or may be likely to yield, information important in history or prehistory. CRITERIA CONSIDERATIONS Ordinarily cemeteries, birthplaces, graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past 50 years shall not be considered eligible for the National Register. However, such properties will qualify if they are integral parts of districts that do meet the criteria or if they fall within the following categories: a) A religious property deriving primary significance from architectural or artistic distinction or historical importance; or, b) A building or structure removed from its original location, but which is primarily significant for architectural value, or which is the surviving structure most importantly associated with a historic person or event; or, c) A birthplace or grave of a historical figure of outstanding importance if there is no appropriate site or building associated with his or her productive life; or d) A cemetery that derives its primary importance from graves of persons of transcendent importance, from age, from distinctive design features, or from association with historic events; or, e) A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived; or, f) A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own exceptional significance; or, g) A property achieving significance within the past 50 years if it is of exceptional importance. APPENDIX 1: THE NATIONAL REGISTER CRITERIA FOR EVALUATION DRAFT Historic Preservation Plan 149 APPENDIX 2: BENEFITS OF THE NATIONAL REGISTER OF HISTORIC PLACES Numerous studies on the economic impact of historic preservation have been undertaken over the last 30 years – both statewide studies and at the municipal level. Most of these studies have looked at the impact of historic designation on property values. This has been analyzed by different people, in different parts of the country, using different methodologies with surprisingly consistent results – historic districts most often enhance the value of residential properties. From Connecticut to Philadelphia to Utah, properties in historic districts appreciate at a greater value than the rest of the community and depreciate at a slower rate during a recession. Also, houses in historic districts sell at a higher premium relative to the market as a whole. Rypkema, Donovan, Place Economics, Historic Districts and Economics – Recent Lessons. The Alliance Review, July- August 2014, National Alliance of Preservation Commissions, p. 10-12. Historic preservation in general and National Register listing in particular has many values —cultural, environmental, social, educational, aesthetic, historical and economic. Due to the set of criteria in order to be eligible for listing in the National Register, these properties are more valuable than those that are not listed – otherwise everything would be eligible. There are at least four situations in which listing in the National Register does often add economic value to the listed properties: • When the properties are commercial, rather than owner-occupied residential, the eligibility for the Federal Rehabilitation Tax Credit can add economic value to the properties. At a recent symposium funded by the National Park Service and chaired by the Urban Land Institute, some developers noted that in their communities, sellers of unrehabilitated properties were raising the price of listed buildings to reflect the tax credit opportunity potential of the investment. • In some communities the creation of a National Register district triggers the creation of a corresponding local district. This local district then would provide the protections (and perhaps incentives) as noted above, leading to economic value enhancement. • In real estate markets that have a level of knowledge and sophistication among both real estate professionals and buyers regarding historic properties, National Register listing can have an economic premium attached. How do you know if the local market has reached that point? When the real estate ads say, “This house is located within the XYZ National Register Historic District,” or “This house is listed in the National Register.” The broker wouldn’t pay for the extra lines in the ad if he/she didn’t believe that potential buyers responded knowingly and positively to that information. • A common characteristic of neighborhoods— both residential and commercial—that are seen as places of sound investment is the existence of a strong citizen-based advocacy organization. Often the creation of a National Register district is a catalyst for the creation of such a citizen advocacy group. The group may have been formed for the specific purpose of getting a neighborhood listed, but once that mission is accomplished the organization expands its focus to broader neighborhood advocacy. This can have a positive affect on property values. Listing in the National Register of Historic Places does not necessarily add economic value to a given piece of real estate. Rather, National Register status can be an important catalytic tool to utilize all four forces of value. National Register listing is one of a basket of tools that can be used to assure that the economic value of historic preservation takes its rightful place among the multiple values that historic buildings contribute to American communities of every size. In real estate economics there are identified the Four Forces of Value, those factors in the marketplace that push the value of a given piece of real estate—historic or otherwise—up or down. Those forces are physical, social, economic, and political. Rypkema, Donovan, Place Economics, The (Economic) Value of National Register Listing, Cultural Resource Management, No. 1, 2002, p. 6-7. 150 Denton Historic Preservation Plan APPENDIX 3: TEXAS RECORDED LANDMARKS AND HISTORICAL MARKER PROGRAM The Texas Historical Commission’s (THC) official Texas Historical Marker Program, inaugurated in 1962, includes the Recorded Texas Historic Landmark (RTHL), subject marker, and Historic Texas Cemetery marker programs. More than 16,000 markers now have been placed across the state, including more than 3,800 RTHL markers. THC RECORDED TEXAS HISTORIC LANDMARKS Recorded Texas Historic Landmarks (RTHL) are properties judged to be historically and architecturally significant. The Texas Historical Commission awards RTHL designation to buildings at least 50 years old that are worthy of preservation for their architectural and historical associations. This is a designation that comes with a measure of protection under state law. The purchase and display of the RTHL marker is a required component of the designation process. The owner’s consent is required to nominate a property as a RTHL. CRITERIA FOR DESIGNATION Age. Buildings or other historic structures may be eligible for RTHL designation upon reaching 50 years of age. In some cases, structures older than 50 years that have been altered may be eligible, if those alterations occurred at least 50 years ago and took place during a significant period of the structure’s history. Historical Significance. It is the responsibility of the applicant to establish, through written and photographic documentation, the historical significance of a structure. Architectural Integrity. In reviewing applications for RTHL designation, the THC considers not only the historic persons or events associated with a structure, but also the architectural integrity of the building or structure. The structure should maintain its appearance from its period of historical significance and should be an exemplary model of preservation. In no case can a structure be considered for the RTHL designation if it has been moved in the past 50 years or if artificial (aluminum, vinyl, asbestos, etc.) siding applied to its exterior within the preceding 50 years covers and/or alters its historic architectural materials or features. Further information may be found on the Texas Historical Commission’s website: https://www.thc.texas.gov/preserve/ projects-and-programs/recorded-texas-historic-landmarks THC SUBJECT MARKERS The historical marker process in Texas begins at the county level – applications are submitted through the Denton County Historical Commission who must approve nominations and submit them to the THC. The marker program is competitive and takes 12-18 months. The THC accepts applications for historical markers each Fall for the following year. Further information may be found on the Texas Historical Commission’s website: https://www.thc.texas.gov/ preserve/projects-and-programs/state-historical-markers/apply-historical-marker THC HISTORIC TEXAS CEMETERY MARKERS Historic Texas Cemetery Markers recognize the historical significance of a cemetery and, with the use of interpretive plaques, provide background on associated communities, families, events, and customs. As with the subject markers, applications for cemetery markers are submitted through the Denton County Historical Commission who must approve nominations and submit them to the THC. Cemeteries must be recognized as Historic Texas Cemeteries prior to receiving a Marker. DRAFT Historic Preservation Plan 151 State Antiquities Landmarks (SALs) are designated by the Texas Historical Commission (THC) and receive legal protection under the Antiquities Code of Texas (the Code). The Code defines all cultural resources on non-federal public lands in the State of Texas as eligible to be designated as SALs. Historic buildings and other aboveground historic resources must be listed in the National Register of Historic Places before they can be designated as SALs, but archeological sites do not have the same prerequisite. Landmark designation does not mean that sites or buildings cannot be altered or destroyed. The land-owning agency must consult with the THC about such proposed actions through the permit process, and the THC will determine whether the work will be allowed. CRITERIA FOR EVALUATING BUILDINGS, STRUCTURES, AND CULTURAL LANDSCAPES Buildings, structures, cultural landscapes, and non-archeological sites, objects, and districts may be designated as SAL’s, provided that the following conditions are met: 1. The property meets at least one of the following criteria: a) The property is associated with events that have made a significant contribution to the broad patterns of our history, including importance to a particular cultural or ethnic group; b) The property is associated with the lives of persons significant in our past; c) The property embodies the distinctive characteristics of a type, period, or method of construction, represents the work of a master, possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; d) The property has yielded, or may be likely to yield, information important in Texas culture or history; 2. The property retains integrity at the time of the nomination, as determined by the executive director of the commission; and 3. The property must be listed in the National Register of Historic Places, either individually, or as a contributing property within a historic district. Contributing status may be determined by the Keeper of the National Register or the Executive Director of the Commission. CRITERIA FOR EVALUATING ARCHEOLOGICAL SITES 1. The commission shall use one or more of the following criteria when assessing the appropriateness of official landmark designation, and/or the need for further investigations under the permit process: a) The site has the potential to contribute to a better understanding of the prehistory and/or history of Texas by the addition of new and important information; b) The site’s archeological deposits and the artifacts within the site are preserved and intact, thereby supporting the research potential or preservation interests of the site; c) The site possesses unique or rare attributes concerning Texas prehistory and/or history; d) The study of the site offers the opportunity to test theories and methods of preservation, thereby contributing to new scientific knowledge; and e) There is a high likelihood that vandalism and relic collecting has occurred or could occur, and official landmark designation is needed to ensure maximum legal protection, or alternatively, further investigations are needed to mitigate the effects of vandalism and relic collecting when the site cannot be protected. APPENDIX 4: STATE ANTIQUITIES LANDMARKS 152 Denton Historic Preservation Plan 2. The commission shall use one or more of the following criteria when assessing the verification of the existence of a cemetery: a) The location contains interments that are confirmed through assessments or investigations consented by the landowner and performed by a professional archeologist or other individuals as defined by §711.0105(a) of the Health and Safety Code of Texas; b) The location contains human burial caskets or other containers or vessels that contain human remains or are contextually known to have been used to inter human remains; c) The location contains articulated human remains that were deliberately interred; or d) The location contains a burial pit or burial pit features. CRITERIA FOR EVALUATING CACHES AND COLLECTIONS Caches and collections may be considered significant and be recognized or designated as landmarks, provided that at least one of the following conditions is met: 3. The cache or collection was assembled with public funds or taken from public lands; 4. Preservation of materials is adequate to allow the application of standard archeological or conservation techniques; 5. The cache or collection is of research value, thereby contributing to scientific knowledge; or, 6. The cache or collection is of historic value or contributes to a theme. Additional criteria are outlined for shipwrecks. Further information may be found on the Texas Historical Commission’s website: https://www.thc.texas.gov/preserve/projects-and-programs/state-antiquities-landmarks DRAFT Historic Preservation Plan 153 In 1935, the Texas Legislature created the Commission of Control for Texas Centennial Celebrations to celebrate the 100th anniversary of Texas’ independence from Mexico. More than three million dollars in state funds were appropriated for “the placing of suitable markers, memorials or buildings at places where historic events occurred… the placing of monuments to early patriots of Texas…the purchasing of suitable tracts of land where necessary for an approved celebration; and the staging of pageants at appropriate places; and an exposition in the recognition of the basic industries and their historical significance in the progress and growth of Texas.” The state placed about 1,100 exposition buildings, memorial museums, statues, and granite and bronze markers and monuments around Texas. The Texas Historical Commission, created in 1953, monitors the 1936 markers and coordinates their repair or relocation when necessary. Further information may be found on the Texas Historical Commission’s website: https://www.thc.texas.gov/preserve/ projects-and-programs/state-historical-markers/1936-texas-centennial-markers APPENDIX 5: 1936 TEXAS CENTENNIAL MARKERS 154 Denton Historic Preservation Plan APPENDIX 6: DENTON COUNTY HISTORICAL MARKERS The Denton County Historical Commission marker program began in 2004. The historical markers are found in cities and towns, cemeteries, and early communities, and along highways and country roads throughout the county. Inscriptions are written based on historical narratives and documentation found in records of the Denton County Historical Commission or the Texas Historical Commission’s archives. The historical markers tell the story of the early pioneers and settlers in Denton County and cover subjects on a wide range of topics that include communities and cities, cemeteries, churches, schools, ranches, land grants, events, businesses, historic individuals, archeology, and organizations. The Denton County Historical Commission accepts applications year-round. Further information may be found on the Denton County Historical Commission’s website: https://apps.dentoncounty. com/website/historicalmarkers/historical-markers.htm DRAFT Historic Preservation Plan 155 APPENDIX 7: DENTON DEVELOPMENT CODE (HISTORIC PRESERVATION) (ADOPTED MAY 10, 2019) SUBCHAPTER 1: GENERAL STANDARDS Section 1.2: Purpose 1.2.4 – Improve the city’s appearance. SUBCHAPTER 4: BOARDS, COMMISSIONS AND COMMITTEES; SECTION 34.4.3 HISTORIC LANDMARK COMMISSION A. Composition There is hereby created a commission to be known as the Historic Landmark Commission of the City, hereinafter called the “Landmark Commission,” composed of nine (9) members appointed by the City Council. The Landmark Commission shall include at least one (1) representative from each of the following organizations or professions: • County Historical Commission; • The county bar association; • A certified public accountant; • A registered architect; • An owner of real property in the City. The previous Denton Preservation Ordinance, as well as the Texas Model Ordinance, recommend appointing commission members who work in specific fields such as architecture, planning, urban design, history, real estate, archeology and law, or related disciplines. The Texas Model Ordinance also recommends appointing an owner of a historic property, and notes that all members regardless of background shall have a demonstrated interest, competence, or knowledge in historic preservation. It also recommends that the make-up of the Commission should represent the ethnic makeup of the City of Denton. The size of the voting membership is not mentioned, although it states that a quorum of the Historic Landmark Commission is five. The Texas Model Ordinance suggests at least seven (7) members in order to accommodate the various fields of interest. The Model Ordinance also recommends that the Commission shall prepare rules and procedures necessary to carry out its business be ratified by City Council. The Rules and Procedures for an efficient Commission should include procedures for the following: • Nominating a chair, vice-chair, and secretary; • Qualifications for who may vote on an application; • Instructions on when special meetings may be called; • The creation of committees that may conduct specific work on behalf of the Commission; • Procedures for the removal of a landmark designation. 156 Denton Historic Preservation Plan B. Operational Procedures 1. The Historic Landmark Commission shall meet as often as necessary to dispose of the business of the Historic Landmark Commission or upon call by the Historic Landmark Commission chair or upon petition of a simple majority of Historic Landmark Commission members. 2. Five members present shall constitute a quorum for the transaction of business, and all issues shall be decided by a majority of those members present and voting, except that in those instances where only a quorum of five is present at a meeting, all issues shall be decided by at least four affirmative votes. 3. The Historic Landmark Commission shall adopt appropriate rules and regulations for the conduct of its business and the election of its chair and other officers. The minutes of each meeting shall be filed in the office of the City Secretary. C. Powers and Duties The Historic Landmark Commission shall have the review and decision authority as shown in Table 2.2-A, pursuant to the application -specific procedures outlined in this DDC, and the following additional powers and duties under this DDC: 1. The Historic Landmark Commission shall thoroughly familiarize itself with buildings, structures, sites, districts, areas, and lands within the City that may be eligible for designation as historic landmarks, shall have review authority over the City’s Historic Preservation Plan, and shall: a) Establish criteria to be used in determining whether certain buildings, structures, sites, districts, areas, lands, and other objects should be designated as historic landmarks; b) Establish guidelines to be used in determination of whether to grant or deny certificates of appropriateness for demolition; c) Suggest sources of funds for preservation and restoration activities and acquisitions, to include federal sources, state sources, private and foundation sources, as well as municipal sources; and d) Recommend, to the proper agencies, incentives designed to encourage historic preservation. 2. The City’s Historic Preservation Plan shall be presented to the Planning and Zoning Commission for consideration and recommendation to the City Council for inclusion in the Denton Comprehensive Plan. 3. The Historic Landmark Commission shall recommend to the Planning and Zoning Commission ordinances designating certain buildings, structure, sites, districts, areas, and lands in the City as historic landmarks. 4. The Historic Landmark Commission shall hold a public hearing on all proposed ordinances and the owner of any land included in the proposed ordinance shall be given at least 15 days written notice of the public hearing. 5. If the Historic Landmark Commission finds that buildings, structures, sites, districts, lands or areas cannot be preserved without acquisition, the Historic Landmark Commission may recommend to the City Council that the fee or a lesser interest of the property in question be acquire by gift, device, purchase, eminent domain or otherwise, pursuant to the City’s Charter and state and federal law. 6. Where there are conditions under which the required preservation of a historic landmark would cause undue hardship on the owner, use district changes may be recommended by the Historic Landmark Commission. 7. The designation of an historic landmark may be amended or removed using the same procedure provided in this DDC for the original designation. 8. The Historic Landmark Commission shall provide information and counseling to owners of designated historic landmarks. 9. Any person making application to have any building, structure, site, district, area or land designated as an historic DRAFT Historic Preservation Plan 157 landmark pursuant to the provision of this article shall pay to the Development Services Department a filing fee in an amount determined and as from time to time amended by ordinance by the City Council, a copy of which ordinance is on file with the Department. 10. The members of the Historic Landmark Commission are held to the City of Denton’s Ethics Code. Sections C.4 and C.7 are procedural regarding historic landmarks and should be moved to Section 2.9.4 which outlines the procedures for designating Historic Landmarks. Section C.9 outlines the requirement for a fee for historic landmark applications. This is an administrative function and should be moved to 2.9.2 which provides procedures for a Certificate of Appropriateness. Section C.10 notes that the Historic Landmark Commission shall be held to the City of Denton’s Ethics Code. This is an administrative function and should be moved to Section 2.3.6 under the Commission’s Operational Procedures. The DDC refers to the Historic Landmark Commission as having review authority over the Historic Preservation Plan, though it is a policy document rather than a legislative one. The preparation of a Historic Preservation Plan as part of the City’s Comprehensive Plan should be listed as a duty of the Commission. Reformatting this section would provide clarity on the duties of the Historic Landmark Commission based on the recommendations of the Texas Model Ordinance as well as local needs. Following is an example of how that could look: The Historic Landmark Commission shall be empowered to: 1. Thoroughly familiarize itself with buildings, structures, sites, districts, areas, lands, and objects within the City that may be eligible for designation as historic landmarks. 2. Establish criteria to be used in determining whether certain buildings, structures, sites, districts, areas, lands, and objects should be designated as historic landmarks. 3. Recommend to the Planning and Zoning Commission ordinances designating certain buildings, structures, sites, districts, areas, lands, and objects in the city as historic landmarks. 4. Establish guidelines to be used in determination of whether to grant or deny certificates of appropriateness for maintenance, rehabilitation, restoration, new construction, and demolition. 5. Present to the Planning and Zoning Commission for consideration and recommendation to the City Council a Historic Preservation Plan for inclusion in the Denton Comprehensive Plan. 6. Suggest sources of funding for preservation and restoration activities and acquisitions, to include federal, state, and local sources, as well as private and foundation sources. 7. Recommend incentives designed to encourage preservation activities. 8. Recommend the acquisition by gift, device, purchase, eminent domain or otherwise of a building, structure, site, or object by the City of Denton where its preservation is essential to the purpose of this ordinance and where private preservation is not feasible, pursuant to the City’s charter and state and federal law. 9. Recommend use district changes where there are conditions under which the required preservation of a historic landmark would cause undue hardship on the owner. 10. Provide information and counseling to owners of designated landmarks and increase public awareness of historic preservation by developing and participating in public education programs. 11. Make recommendations for employment of staff and professional consultants as necessary to carry out the duties of the Commission. (The recommendation for employment of staff is optional as it could also be considered a City administration function). 12. Conduct surveys and maintain an inventory of significant historic, architectural, and cultural landmarks and all properties located in historic districts within the City of Denton. 158 Denton Historic Preservation Plan 13. Create committees from among its membership and delegate to these committees responsibilities to carry out the purposes of this ordinance. 14. Prepare and submit annually to the City Council a report summarizing the work completed during the previous year. (This is also a requirement of Certified Local Governments). 15. Prepare specific design guidelines for the review historic landmarks and districts. 16. Review and provide comments to the Texas Historical Commission on nominations within the City of Denton to the National Register of Historic Places. Section 2.9: Historic Preservation Procedures 2.9.1 – General Provisions A. Applicability The following are the general provisions applicable to the creation of Historic Landmarks, Historic Districts, and Conservation Districts within the City of Denton, as defined under Subchapter 9: Definitions. B. Public Hearings 1. The Planning and Zoning Commission shall hold a public hearing as required in the same manner and with the same notice provisions as provided for zoning regulations in TLGC § 211.006 – 211.007, as amended, to consider any Historic Landmark, Historic District, or Conservation District designation ordinance after receiving a recommendation from the Historic Landmark Commission (HLC). 2. Within 30 days after the public hearing, the Planning and Zoning Commission shall set forth in writing its recommendation, including the findings of fact that constitute the basis for its decision, and shall transmit its recommendation concerning the proposed ordinance to the City Council along with the recommendation of the HLC. Consider adding a reference to Sections 2.9.3 and 2.9.4, which outline the Historic Landmark Commission’s process for reviewing applications for designation of Historic Landmarks and Historic and Conservation Districts. C. Notices Any notice required to be given under this Subsection, if not actually delivered, shall be given by depositing the notice in the United States mail, postage prepaid, addressed to the person or entity to whom such notice is to be given at his last known address. When notice is required to be given to an owner of property, such notice, delivered or mailed by certified or registered mail, may be addressed to such owner who has rendered his property for city taxes as the ownership appears on the last approved city tax roll. D. Recording of Decision Upon passage of a Historic Landmark designation ordinance by the City Council, the City Secretary shall file a copy of the ordinance with the Denton County Tax Clerk. E. Amendments The regulations, restrictions, and boundaries created under the authority of this DDC concerning Historic Landmarks and Historic and Conservation Districts may, from time to time, be amended, supplemented, changed, modified, or repealed pursuant to the public notice and hearing requirements, as amended, herein. If there is a written protest against such change signed by the owners of 30 percent or more, either of the area of the lots or land included in such proposed change or of the lots immediately adjoining the change and extending 200 feet therefrom, such amendment shall not become effective except by a simple majority of the City Council. DRAFT Historic Preservation Plan 159 F. Completeness Determination Every application shall be subject to a completeness determination by the Historic Preservation Officer (HPO). Applications should be accompanied by all documents required by and prepared in accordance with the requirements of this DDC and all applicable city ordinances, rules, and regulations. An application deemed incomplete shall not bind the city as the official acceptance of the application for filing, and the incompleteness of the application shall be grounds for denial or revocation of the application. The HPO will make his/her completeness determination within 10 days from the date of receipt of the application. An email or comment in the city’s permit tracking program is considered a determination in writing. Applications will be deemed complete on the 11th business day after the application is received. 2.9.2 – Certificate of Appropriateness A Certification of Appropriateness (COA) shall be obtained prior to the issuance of a building permit. The COA shall be posted at the project site. A COA may be required for work not otherwise requiring a building permit. The COA shall be required in addition to, and not in lieu of, any required building permit. A. General Provisions 1. Application Prior to commencement of any work for which a COA is required, the applicant shall file an application for a COA with the City Development Services Department. The application shall contain such information as is requested from a form prepared by the HPO. Applications will be subject to the completeness determination in this subchapter. Consider including information about the requirements for submitting a building permit for designated properties, if done prior to the filing of a Certificate of Appropriateness and how the two are related. This may prevent confusion for the City and applicants to prevent the issuance of a permit without a Certificate of Appropriateness. 2. HPO Discretion Upon receipt of an application for a COA, the HPO shall determine whether the application is to be administratively reviewed or reviewed by the HLC, using the requirements in this subsection. Generally, certificates of appropriateness for exclusively ordinary maintenance and minor exterior alternations may be administratively approved; however, the Director or the HPO may place a request for a COA on the agenda to be heard by the HLC at a public meeting based on the significance of the project or its potential for impact to a Historic District, Conservation District, or a Historic Landmark. 3. Expiration The COA shall expire one year from the date of issuance; existing COAs shall expire one year from the adoption of this DDC 4. Time Bar After a final decision by the HLC is reached denying a COA, no further applications may be considered for the subject matter of the denied COA for one year from the date of the final decision, unless changed circumstances regarding the property or project are sufficient to warrant a new meeting, in the opinion of the HPO. The HLC may also waive the one-year requirement for resubmission, by a simple majority vote. Consider renaming this section “General Provisions: Resubmittals” for clarification. 5. Amendment A COA may be amended by submitting an application for amendment to the HPO. The application shall then be subject to the standard COA review procedure. 6. Emergency Procedures If a structure requiring a COA is damaged and the Building Official determines that the structure or property will suffer additional damage without immediate repair, the Building Official may allow the property owner to temporarily protect the structure. In such a case, the property owner shall apply for a COA within 10 days of the 160 Denton Historic Preservation Plan occurrence that caused the damage. The protection authorized under this subsection must not permanently alter the architectural features of the landmark or of the structure in the Historic or Conservation District. 7. New Construction Design for new construction on the site of a property, either individually designated as a Historic Landmark or located in a Historic or Conservation District, shall conform to applicable adopted design guidelines and a COA shall be required. 8. Appeal An applicant may appeal the HPO’s decision to deny a COA by submitting to the HPO a written request for appeal within 10 days of the decision. The written request for appeal starts the HLC Review procedure in this subchapter. 9. Compliance Required In considering an application for a COA, the HPO and the HLC shall review it for compliance with The Secretary of Interior’s Standards for the Treatment of Historic Properties (The Standards), any applicable guidelines adopted by the City and any guidelines provided in this subchapter. 10. Sustainability Guidelines The use of sustainable practices in design is encouraged and the HPO and HLC shall use the Secretary of Interior’s Guidelines on Sustainability for Rehabilitating Historic Buildings as a guide for decisions related to renewable energy such as: solar technology, wind power, insulation, HVAC, and similarly related topics. 11. Building Code Requirements Historic buildings may be exempted from building code requirements due to their status at the discretion of the Building Official. The Building Official may authorize certain exemptions in accordance with state law and the city’s codes. B. Administrative Review 1. Ordinary Maintenance. The HPO may administratively approve or deny a COA if the proposed work meets the following criteria: Ordinary maintenance is defined as the process of stabilizing or repairing, deteriorated or damaged architectural features (including but not limited to roofing, windows, columns, siding, and repainting), and includes any work that does not constitute a change in design, material, color, or outward appearance, and includes in-kind replacement or repair. If the applicant is seeking a COA for ordinary maintenance only, the HPO may review the application to determine whether the proposed work complies with the regulations contained in this DDC and all applicable ordinances, and the HPO may administratively approve or deny the work. 2. Minor Exterior Alterations. Minor exterior alteration shall be defined as the installation of or alteration to signage, fences, gutters and downspouts, incandescent lighting fixtures, landscaping, restoration of original architectural features that constitute a change from existing conditions, painting of wood or other appropriate elements including a change in color and additions and changes not visible from any street, as determined by the HPO, to the rear of the main structure or to an accessory structure. If the applicant is seeking a COA to authorize minor exterior alterations only, the HPO may review the application to determine whether the proposed work complies with the regulations contained in this DDC and all applicable ordinances, and administratively approve or deny the application. 3. Conservation Districts. COAs for work in a Conservation District shall be approved by staff according to standards set when the Conservation District is created. Conservation Districts differ from Historic Districts in that they may be created to protect the physical attributes of an area. The preservation of architecture may or may not be a component of the regulations adopted for a given Conservation District. C. Historic Landmark Commission Review COAs for projects not subject to administrative review shall be approved or denied by the HLC at a public meeting pursuant to these procedures. DRAFT Historic Preservation Plan 161 1. Effect of Approval If a COA has been approved by the HLC, then a certificate will be issued to the applicant, and copies of the certificate will be filed with the Planning Division in the Development Services Department. 2. Deemed Approval If final action has not been taken by the HLC within 75 days of the posting of the item on the HLC’s agenda by the HPO, then the COA will be deemed approved and a certificate will be issued to the applicant. If all other requirements of this DDC and applicable regulations are met, and a building permit is required for the proposed work, the Building Official shall issue a building permit to the applicant for the proposed work. 3. Appeal If a COA has been denied, the applicant may appeal the decision in writing to the City Council by filing a written notice with the City Secretary within 10 days of receiving the notice of the denial. City Council’s decision is final, and no further applications shall be considered. D. Demolition and Removal 1. Criteria • The HLC must consider the following criteria for a COA for demolition or removal: • The state of repair of the building; • The existing and/or potential usefulness, including economic usefulness of the building; • The purposes behind preserving the structure as an historic structure; and, • The character of the neighborhood and all other factors it finds appropriate. 2. Appeal Period Any applicant or the owner of any property located within 200 feet of any landmark or structure in a Historic or Conservation District requiring a COA for demolition or removal, and who is aggrieved by a ruling of the HLC concerning the landmark or structure in a Historic or Conservation District, under the provisions of this subsection may, within 60 days after the ruling of the HLC, appeal to the City Council. Following a public hearing to be held within 30 days of the filing of a notice of such appeal with the City Secretary, the City Council may, by a favorable vote of three-fourths of all members of the City Council who are eligible to vote on the matter, uphold or overturn any ruling of the HLC made pursuant to this subsection. Applicants may not begin demolition or removal until after the appeal period has passed. 3. Posting of Signs An applicant for a COA for demolition is required to post a sign at the project site pursuant to city’s sign posting requirements established in the Administrative Criteria Manual. 2.9.3 – Historic and Conservation District Designation The City Council may designate buildings, structures, sites, areas, and lands in the city as part of a Historic or Conservation District and define, amend, and delineate the boundaries thereof. This is a zoning designation in addition to any other use designation. The Official Zoning Map shall reflect the designation of Historic and Conservation Districts. A. Applications Applications for consideration of a proposed Historic or Conservation District shall be based upon architectural, historical, archeological, or cultural importance or value and accompanied by the following information: 1. A map showing the boundaries of the proposed District and the location of each contributing resource identified by a number or letter designation; 2. Notation of state and national landmarks; 3. A list of specific buildings, structures, sites, areas, or lands of importance considered contributing to the District and a description of the particular importance or value of each such building, structure, site, area, or land; and 162 Denton Historic Preservation Plan 4. Sufficient photographs of each building, structure, site, area, or land of importance or value showing the condition, color, size, and architectural detail of each, and where possible: Date of construction; a) Builder or architect; b) Chain of uses and ownership; c) Architectural style; d) Materials; e) Construction technique f) Recognition by state or national government as architecturally or historically significant, if so designated. Consider adding “object” to this list for consistency. Typically, the list of contributing properties in a district nomination is based upon a definition of a Contributing Resource found within the ordinance definitions. The requirement for a description of each property may be cumbersome for larger districts. Usually a historic resource survey identifying each property has already been completed for an area prior to district designation. An example of a definition of Contributing Structure could include the following language: “A structure within a historic district that was substantially constructed within the district’s period of significance and retains a significant amount of its physical integrity and character-defining features including location, setting, design, construction, workmanship, or association with historical persons or events.” B. Procedures for Designation Designation as a District may be initiated by the Historic Landmark Commission (HLC) or by written petition in the form prescribed by this subsection. Such a request shall designate clearly the land proposed to be included. 1. Applications Requests for designation shall be made on a form obtained from the city. Completed applications shall be returned to the HPO for review and processing as applicable. The HPO is the administrative official with original jurisdiction to review applications and submitted written support for completeness. 2. Time Limits Properly submitted applications shall remain valid for one year from the date it is deemed complete and thereafter shall be expired. Consider renaming this section “Procedures for Designation: Expiration” for consistency with the language in the section. 3. Petition Required The applicant must submit with the application, a petition with signatures of more than 50 percent of the owners of the property within the proposed District who collectively own more than 50 percent of the land area within the proposed District. Property ownership shall be verified using the last certified tax rolls of the appropriate county tax assessor collector for the proposed area. For purposes of calculating the support of more than 50 percent of the property owners, each property as listed on the tax rolls shall be counted individually, regardless of whether an individual or group owns multiple properties within the proposed area. Properties owned by governmental entities shall not be counted in the more than 50 percent support requirement, although their written preference may be submitted to any board, commission, or to City Council for their consideration. Additionally, for properties owned by more than one party, only one property owner need submit written support in order for the HPO to count the property in the calculation. DRAFT Historic Preservation Plan 163 The Texas Model Ordinance does not require written petitions with property owner signatures when considering the designation of a historic district. Requiring written petitions can be extremely difficult to achieve and may be seen as a hindrance to the submittal of nominations. The alternative is to notify all property owners within the proposed district boundaries of the application, inviting them to present testimony at a public hearing or via written or electronic means. 4. Demolitions and Exterior Alterations Prohibited Any demolition or exterior alterations are prohibited for properties included in the area under consideration for designation while the application is being reviewed by the city. The Director may approve a permit for demolitions or exterior alterations on a case-by-case basis. It is unclear who the Director is or which City department they work for. Clarification is necessary. 5. Decision Once the HPO receives a completed application, the HPO must call a public hearing in front of HLC. The HLC shall make its recommendation for either approval or denial within 30 days from the date of the public hearing for consideration by the Planning and Zoning Commission. The Planning and Zoning Commission shall schedule a public hearing to be held within 60 days of receipt of the HLC’s recommendation and shall forward its recommendation for either approval or denial to the City Council. The City Council shall, at a public hearing, review and either approve or deny the proposed district. Upon passage of any ordinance designating an area, or removing the designation of a district, the city shall send notice of the fact by mail to the owner or owners of affected property. Technically the City staff do not call for public hearings; that is determined based on the procedures of the ordinance. The scheduling of a public hearing by staff is an administrative procedure outlined by the review process. More appropriate language would be, “The Historic Landmark Commission shall hold a public hearing.” As a point of clarification, the Historic Landmark procedures state that the Commission review those applications at a “regular” meeting rather than a public hearing. The two procedures should align for the clarification of applicants. As the Planning and Zoning Commission holds the public hearing in both procedures for designation, the Historic Landmark Commission could review the nominations at a regular meeting. 6. Increasing Boundaries Applications to increase the boundaries of a District shall be made following the same procedure for creating the district and may be made when one or more of the following criteria are met: a) When buildings, structures, sites, areas, or lands of importance or value related to the district are requested for inclusion; or, b) When facts previously undisclosed to or unknown by the HLC are revealed which indicate that a particular building or site is possessed of special architectural, archeological, cultural, or historical importance or value. 7. Appeal If the HLC determines at a public hearing that the area is not eligible for a District classification, it shall notify the applicant of the fact in writing. Notice is given by depositing the notice, properly addressed and postage paid, in the United States mail. The notice must be sent to the address shown on the application. The decision of the HLC that an area is not eligible for Historic or Conservation District classification may be appealed to the City Council. The City Council’s determination of eligibility on appeal is final. If the City Council determines that the area is not eligible as a District classification, no further applications for a District classification may be considered, for the area of request, for two years from the date of the decision. A property owner in the area of the request may apply for a waiver of the two-year limitation and must show changes in circumstances that alter the facts and conditions upon which the first decision was determined. The HPO shall determine if the application may go forward. 164 Denton Historic Preservation Plan 8. Established Districts Requirements of Subchapter 4: Overlay and Historic Districts, shall apply to the Historic or Conservation Districts, however, any conflict between this subsection and other provisions of Subchapter 4 shall be resolved in favor of this subsection. 9. Regulations The ordinance creating the District may contain regulations, special exceptions, or procedures that the HLC considers necessary to conserve the distinctive atmosphere or character of the area, or to minimize potential adverse impacts which could result from the creation of the District. In addition, all property owners must conform to existing building codes and this DDC. C. Approval Criteria 1. The purpose of Historic and Conservation Districts is to geographically define areas possessing significant concentration, linkage, or continuity of buildings, structures, sites, areas, or land which are united by architectural, historical, archeological, or cultural importance or significance for preservation purposes. They may also include a landmark or a group of landmarks. 2. Any District must meet two of the following criteria: a) Include buildings, structures, or sites that have common character defining features and be of common form. b) Include buildings, structures, or sites which are similar in size, massing, and scale. c) Have a common streetscape or have similar spatial relationships or contain common visual qualities such as vegetation, vistas, orientation, set back, spacing, site coverage, exterior features, or materials. d) Contains properties and an environmental setting that meets two or more of the criteria for designation of a landmark (see 2.9.4: Historic Landmark Designation). 3. Any District in the City of Denton that is listed on the National Register of Historic Places is presumed to be qualified for designation as a historic or conservation district or included as part of a larger Historic or Conservation District. 4. For designation as a Historic District, a minimum of 51 percent of buildings, structures, or sites in the proposed District must be 50 years of age or be of historical significance. There are several criteria which refer to commonality of character or visual qualities and similarity in size, massing, and scale of buildings within a proposed district. Districts do not necessarily need to have buildings that are all the same in terms of size, massing, and scale, nor do the character defining features of its buildings need to be common in appearance. Typically, but not always, districts are varied in style, building type and age of construction. Requiring that a district application meet the commonality standard may limit preservation options. The Texas Model Ordinance does not require commonality or similarity in its criteria for designation, but rather utilizes the National Register criteria for designation or its value as a distinct section of the City, which the Denton ordinance includes. 2.9.4 – Historic Landmark Designation The City Council may designate buildings, structures, sites, areas, and lands in the city as Historic Landmarks. This is a zoning designation in addition to any other use designation. A Historic Landmark does not have to be located in a Historic or Conservation District. The Official Zoning Map shall reflect the designation of Historic Landmarks. A. Procedures for Designation 1. The owner of the property seeking designation, or owner’s representative, the Historic Landmark Commission (HLC), Planning and Zoning Commission, Historic Preservation Officer (HPO), or the City Council may initiate a Historic Landmark designation by filing an application with the HPO. 2. Requests for designation shall be made on a form obtained from the HPO. DRAFT Historic Preservation Plan 165 3. Applications prepared and submitted by an authorized agent shall contain the signatures of the owner or owners unless created by resolution of the City Council or the HLC. 4. Applications shall be considered by the HLC at a regular meeting. The HLC shall make a recommendation to the Planning and Zoning Commission regarding such designation. The Planning and Zoning Commission must make a recommendation to City Council for its consideration. The decision at City Council is final and cannot be appealed. 5. Historic Landmark Commission-approved medallions for designated structures may be prepared and, subject to the approval of the owners, may be affixed to individually designated Historic Landmarks. As an administrator of the preservation ordinance the Historic Preservation Officer should not have the official capacity to initiate a Historic Landmark nomination; rather, they should forward recommendations for potential nominations to the Historic Landmark Commission for initiation. B. Approval Criteria The following criteria will be used in the designation of a Historic Landmark. 1. Character, interest, or value as part of the development, heritage, or cultural characteristics of the city, state, or the United States; 2. Recognition as a recorded state historic landmark, a national historic landmark, or entered into the National Register of Historic Places; 3. Reflects a distinguishing characteristic of an architectural type or specimen; 4. Identification as the work of an architect or master builder whose individual work has influenced the development of the city; 5. Reflects elements of architectural design, detail, material, or craftsmanship which represent 5.a significant architectural innovation; 6. Relationship to other distinctive buildings, sites, or areas which are eligible for preservation according to a plan based on architectural, historic, or cultural motif; 7. Portrayal of the environment of a group of people in an area of history characterized by a distinctive architectural style; 8. Archeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest; 9. Exemplification of the cultural, economic, social, ethnic, or historical heritage of the city, state, or the United States; 10. Location as the site of a significant historic event; 11. Identification with a person who significantly contributed to the culture and development of the city, state, or the United States; 12. A building or structure that, because of its location, has become of value to a neighborhood, community area, or the city; or 13. Value as an aspect of community sentiment or public pride. C. Permits Pending Designation 1. From and after the date on which the question of whether or not a building, structure, or 1.site within the city should be designated as an Historic Landmark is placed upon the agenda for any special or regular meeting of the HLC or from and after the date on which such agenda is posted in accordance with the provision of Chapter 551 of the Government Code (Texas Open Meetings Act), as amended, or from and after the date that the HLC approves or recommends a Preservation Plan or any amendment of any existing Preservation Plan which embraces or includes the building, structure, or site within the city, whichever date first occurs, no building permit allowing the construction, reconstruction, alteration, change, restoration, removal, or demolition of any exterior 166 Denton Historic Preservation Plan architectural feature of any building or structure then existing included or embraced in whole or in part within the scope of such agenda consideration or such preservation plan or such amendment thereof, as the case may be, and no permit allowing the demolition or removal of all or any part of any such building or structure may be issued by any official of the city nor, if no such permit is required, may any person or entity construct, reconstruct, alter, change, restore, remove, or demolish any exterior architectural feature of any such building or structure until the earliest of the following conditions have been met: a) A final and binding COA for the removal or demolition, as may be appropriate, has been issued by the HLC; b) The HLC fails to make a recommendation that some part or all of any such building or structure be designated an Historic Landmark or be included within an Historic Landmark or within a Preservation Plan or an amendment thereof within 60 days following the earliest of the dates described in this subsection, under the circumstances; or c) A final and binding decision has been made by the City Council that no part of any such building or structure shall be designated an Historic Landmark or shall be included within any designated Historic Landmark. However, should the City Council fail to act within 90 days from the date an appeal is filed, the requested permit shall be granted. The 90-day time limitation may be waived by the appellant to allow the City Council an additional 30 days in which to act. This paragraph is difficult to understand and should be rewritten or formatted differently for clarity. Consider adding language to this effect for pending historic district designation in Subchapter 4. Additionally, the use of the term “Preservation Plan” is incorrect, as it infers it is a legislative document rather than a policy one. 2. It shall be the duty of the HPO to furnish the Building Official with a copy or written notice 2. of each such written order or such agenda or such Preservation Plan or amendment thereof, as the case may be, as promptly after the preparation thereof as is practicable. The failure to so furnish the Building Official with a copy or written notice thereof, however, shall not have the effect of validating any building permit, removal permit or demolition permit issued without knowledge of any such written order or agenda. In any instance in which any such permit may not be required, it shall be the duty of the HPO to give notice of any such written order or such agenda or such Preservation Plan or amendment thereof to the owner of any building or structure included within the scope thereof, which notice shall be deemed complete when actually given, orally, or in writing, to such owner or when written notice there is deposited in the United States mail, postage prepaid, certified or registered, with return receipt requested, addressed to such owner, whichever event first occurs. Again, the use of the term “Preservation Plan” is incorrect, as it infers it is a legislative document rather than a policy document. 3. Any permit issued to any person from or after the date of any such written order or such 3.agenda or the approval or recommendation of such preservation plan or amendment thereof, as the case may be, shall be null, void, and of no force or effect until the earliest of the events described in subsections (1.a), (1.b), (1.c) above occur. 4. Notwithstanding any other provision of this subsection, no building permit, removal permit 4. or demolition permit shall be issued by the Building Official for any structure located in a National Register District except as authorized by this subsection. The Building Official shall notify the HPO immediately of any application requesting a building permit, removal permit or demolition permit for a structure located in a National Register District. No such permit shall be issued by the Building Official before the HLC has made a recommendation, or scheduled the structure on its agenda, or before the expiration of 60 calendar days, whichever is sooner. If a structure is placed on an agenda item, it shall be scheduled for a public hearing as soon as property owners within the National Register District are notified. DRAFT Historic Preservation Plan 167 2.9.5 – Maintenance, Omission of Repairs A. The exterior of any structure in a designated District, any designated Historic Landmark and any building determined by the HLC to meet the criteria for Landmark designation shall be maintained to ensure structural integrity. B. If the HLC finds that there are reasonable grounds to believe that the exterior of any structure in a designated District or any designated Historic Landmark is structurally unsound or in imminent danger of becoming structurally unsound, the HLC shall direct the HPO to notify in writing the owner of the structure of such fact. C. Upon giving a 10 day written notice to the owner of record of such structure, the HLC shall hold a public meeting to determine if the structure is structurally unsound or in imminent danger of becoming structurally unsound. The HLC’s report may include evidence of economic hardship or willful neglect. D. At the conclusion of the meeting, if the HLC finds that the structure is structurally unsound or in danger of becoming structurally unsound and that no valid reason exists as to why the owner cannot or should not undertake to safeguard the structural soundness of the building, it shall in writing notify the owner of record of the finding. E. The owner of record of a structure who has been notified by the HLC that such landmark is structurally unsound or in danger of so becoming, shall within 90 days of receipt of such notice, satisfy the HLC that reasonably necessary repairs to safeguard the structural soundness of the landmark have been affected. F. If the HLC determines that the building is structurally unsound but there are valid reasons why the owner cannot or should not undertake to safeguard the structural soundness of the building, it shall forward to the City Council its recommendation as to what action, if any, should be taken on the structure. G. Any applicant or interested person aggrieved by a ruling of the HLC under the provisions of this section may, within 60 days after the date of such ruling, appeal to the City Council. Consider renaming “Omission of Repairs” to “Demolition by Neglect,” which is the standard terminology within the field. Subchapter 4: Overlay and Historic Districts This subchapter outlines the general provisions applicable to the creation of Zoning Overlay and Historic Districts. 4.4.2.A – Creation and Amendments; General Standards; Statement of Purpose. This section requires a statement of purpose when creating an overlay zone or historic district. A.3. The statement of purpose shall outline the, “imposition of the regulations and design standards proposed.” The use of the term “imposition” implies that an overlay or historic district will have a negative impact on a property owner and adds a negative connotation to the designation of historic districts. Consider using the term “overview.” 4.9.4.B – Oak-Hickory Historic District; Boundaries. This section outlines the boundaries of the historic district and the enabling ordinance. Consider adding the date of adoption for consistency, as the ordinance number does not include the year of adoption as in other district ordinances. 4.9.4.C-5 – Architectural Requirements; New Construction and Additions. This section outlines general requirements for new construction and additions in the historic district. The term “replacement buildings” is used in the text. A new building may be built on a vacant lot as well as replacing an existing building. Consider using the term “new construction” for clarification and consistency with the section heading. 168 Denton Historic Preservation Plan 4.9.4.C-8 – Architectural Requirements; Color. This section outlines general requirements for the painting of building in the historic district. The Texas Model Ordinance uses the Secretary of the Interior’s Standards for Rehabilitation as the criteria for approval of a Certificate of Appropriateness. The Standards do not require the review of paint color as it is not a permanent change. Consider removing the review of paint color in all Denton historic districts and for historic landmarks or changing it to a voluntary review at the owner’s request. 4.9.5 Bell Avenue Historic District. This section outlines general requirements for the historic district. B. This section provides the boundaries of the district including a map. The map for this district is not consistent with the other two district maps in that it provides a separate outline for each block rather than one boundary around the entire area. Consider altering the boundary and shading for consistency. DRAFT Historic Preservation Plan 169 S:\Legal\Our Documents\Resolutions\19\2019 Historic Preservation Plan approval.docx RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING THE VISION, VALUE STATEMENTS, GOALS, POLICIES, RECOMMENDATIONS, AND THE IMPLEMENTATION MATRIX PROPOSED IN THE DENTON HISTORIC PRESERVATION PLAN PREPARED BY THE LAKOTA GROUP, DATED AUGUST 28, 2019; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 3, 2015, the City of Denton adopted the Denton Plan 2030; and WHEREAS, the Denton Plan 2030 established goals, policies, and actions to manage growth, promote reinvestment, and improve quality of life in the City for the next two decades; and WHEREAS, the Denton Plan 2030 established goals, policies, and actions intended to maintain and improve upon the City’s community character, specifically calling for an update to the Historic Preservation Plan; and WHEREAS, on February 1, 2018, the Texas Historical Commission awarded the City of Denton a $20,000 grant for the development of a new Preservation Plan; and WHEREAS, The Lakota Group was selected as the City’s consultant and since September of 2018, has worked closely with staff to conducting a public involvement process, including community workshops, stakeholder interviews, and online surveys to ensure comprehensive input for a new Preservation Plan; and WHEREAS, the U.S. Secretary of Interior provides Standards for Historic Preservation Planning which serve as the foundation for the Denton Historic Preservation Plan; and WHEREAS, the proposed Denton Historic Preservation Plan builds upon the foundation established by both the original Historic Preservation Plan of 1985 and by the Denton Plan 2030, as well as by the foresight and guidance of concerned citizens; and WHEREAS, on September 16, 2019, the Historic Landmark Commission held a public meeting and recommended adoption of the Denton Historic Preservation Plan, including its vision, value statements, goals, policies, recommendations, and implementation matrix; and WHEREAS, on September 18, 2019, the Planning and Zoning Commission also held a public meeting and recommended adoption of the Denton Historic Preservation Plan, including its vision, value statements, goals, policies, recommendations, and implementation matrix; and WHEREAS, the City Council finds that the vision, value statements, goals, policies, recommendations, and implementation matrix proposed within the Denton Preservation Plan are consistent with the Denton Plan 2030 and are in the best interests of the health, safety and general welfare of the citizens of the City of Denton, Texas; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. The findings and recitations contained in the preamble of this resolution are incorporated herein by reference as true. SECTION 2. The Denton City Council adopts the vision, value statements, goals, policies, recommendations, and implementation matrix proposed in the Denton Historic Preservation Plan, dated August 28, 2019, as presented in the attached Exhibit “A” and encourages continued progress toward the Plan. SECTION 3. This resolution shall become effective immediately upon its passage and approval. The motion to approve this resolution was made by __________________________ and seconded by _________________________________; the resolution was passed and approved by the following vote [___ - ___]: Aye Nay Abstain Absent Mayor Chris Watts: ______ ______ ______ ______ Gerard Hudspeth, District 1: ______ ______ ______ ______ Keely G. Briggs, District 2: ______ ______ ______ ______ Jesse Davis, District 3: ______ ______ ______ ______ John Ryan, District 4: ______ ______ ______ ______ Deb Armintor, At Large Place 5: ______ ______ ______ ______ Paul Meltzer, At Large Place 6: ______ ______ ______ ______ PASSED AND APPROVED this, the _____ day of _____________, 2019. _______________________________________ CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: /s/Jerry E. Drake, Jr. EXHIBIT A Denton Historic Preservation Plan Dated October 17, 2019 CITYOFDENTON,TEXAS—HISTORICPRESERVATIONPLANOctober 22,2019The Lakota Group | CLUE GROUP | MOSELEY ARCHITECTS RECOMMENDATIONSThe Historic Landmark Commission recommended approval of the HPP 6‐0, with the following conditions:Amend language on page 25, under African Americans and Other Diverse Populations in Denton, to read as follows:Denton’s Quakertown story includes the forced relocation of the African American community to Solomon Hill and other areas of Denton’s east and south sides.  While there is a Texas Historical Commission Marker in the park that provides some information about Quakertown, additional research and survey work for this context would identify properties, blocks and areas of cultural significance worthy of preservation and protection. The Historic and Cultural Resource of Denton, Texas 1882‐1949, Multiple Property Listing, identifies four original surviving Quakertown homes that may be worthy of local designation and protection.Amend implementation matrix by changing “parties” to “partners” and delete “City” and “HLC” from the columns.  Note: The City and the Historic Preservation Officer will lead implementation of Historic Preservation Plan recommendations working with the partners listed in the matrix.210/22/2019 HLC19‐0030c RECOMMENDATIONSAdd a recommendation under Goal #2.  The following recommendation would be added to page 43 and the matrix on page 73.Recommendation #2.2: Establish a program allowing for the partial or full property taxes exemption from City of Denton and other applicable taxing authorities for locally designated historic homes.  The Planning and Zoning Commission recommended approval of the HPP 7‐0, with the following condition:Amend HLC’s proposed Recommendation #2.2to read as follows:Establish Explore a program allowing for the partial or full property taxes exemption from City of Denton and other applicable taxing authorities for locally designated historic homes.310/22/2019 HLC19‐0030c RECOMMENDATIONSCity Council Comments:Amend summary under Recommendation #1.5 as follows:Recommendation #1.5: Support National Register of Historic Places listing for eligible neighborhoods and existing Local Historic Districts.The City should support National Register nominations in high priority areas. Previous surveys, including the 1996 Historic Resources, and the Bolivar and Idiots Hill surveys, conducted in 2012 and 2015 respectively, should be used to identify potential National Register areas. The City and the Historic Landmark Commission should consult with the Texas Historical Commission on other possible National Register eligible areas and districts. The purpose of listing these areas in the National Register is for recognition as significant neighborhoods and for eligibility for rehabilitation tax credits. More information of National Register of Historic Places is available on page 98 and 149.Delete proposed Future National Register Districts from Figures 6 and 7.410/22/2019 HLC19‐0030c RECOMMENDATIONSAmend the summary underRecommendation #2.5to read as follows:For property owners considering a commercial or income‐producing building rehabilitation or an adaptive use project and are applying for the Federal Rehabilitation Tax Credit program, the City could coordinate with the owners on an as‐needed basis and work with the Denton Main Street Program to offer and prepare conceptual pro‐forma analyses, through a consultant, to test potential reuse concepts. These initial feasibility assessments can help building owners consider creative development schemes or, even, new ways to use storefront spaces as overall demand for traditional retail space declines. The City should target this service to the larger historic downtown commercial buildings where tax credits would be more feasible to use as part of development financing.Amend description of Historic Denton, Inc. to read as follows:Historic Denton, Inc. is the a local non‐profit preservation advocacy organization. responsible for several activities, including preparing National Register nomination and organizing annual home tours.510/22/2019 HLC19‐0030c RECOMMENDATIONSAdd Denton Main Street Association in the list of Preservation Partners on page 56 as follows:Denton Main Street Association The Denton Main Street Association is a 501 (c) 6 non‐profit organization that works in cooperation with the City of Denton’s Economic Development Department to implement the Main Street Approach to traditional commercial districts revitalization. Since the Denton Main Street Association establishment, the downtown has seen storefront and building improvements, new business start‐ups, new events and downtown marketing activities, a diverse business mix, and increased utilization of ground and upper‐floor spaces. While the Downtown remains vibrant, work is still required to ensure quality infill development and adaptive use projects for some of downtown’s key properties.Add the following note to the Implementation Matrix:The City and the Historic Preservation Officer will lead implementation of Historic Preservation Plan recommendations working with the partners listed in the matrix.610/22/2019 HLC19‐0030c RECOMMENDATIONSStaff:Amend summary under Survey and Registration on page 24 to read as follows:Survey and registration are key elements to a local historic preservation program: it concerns the ongoing identification of historic resources which include buildings, sites, and structures worthy of some form of recognition, dedication, conservation or protection.Insert the following statement under Policy 2.2 as follows:During public meetings and stakeholder interviews the following were expressed as places and neighborhoods worthy of being considered as Conservation Districts.  They are also identified in survey documents.•Idiots Hill Neighborhood•Bolivar Neighborhood•West of Downtown Neighborhoods •South of Downtown Neighborhoods •Hickory and Oak Street Commercial Areas710/22/2019 HLC19‐0030c REQUESTS1. Demolition Delay ‐references to a recommendation for a demolition delay provision is found on pages 22, 54, and 129 of the draft Historic Preservation Plan.  2. Replace all references of “Idiots Hill” –staff is proposing to hold a neighborhood meeting and conduct a survey to determine a name for the neighborhood. 3. Flowchart –a flowchart illustrating the process of how the Implementation Matrix will be implemented will be provided as Appendix 8.810/22/2019 HLC19‐0030c QUESTIONS910/22/2019 HLC19‐0030c