HomeMy WebLinkAboutExhibit 1 - Agenda Information SheetCity of Denton
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AGENDA INFORMATION SHEET
DEPARTMENT: Procurement
ACM: Christine Taylor
DATE: September 15, 2026
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 New Waste Concepts Inc, for the purchase of
ConCover ProGuard SB for the Solid Waste and Recycling Department, which is the sole provider of this
software, in accordance with Texas Local Government Code 252.022, which provides that procurement of
commodities and services that are available from one source are exempt from competitive bidding, and if
over $100,000, shall be awarded by the governing body; providing for the expenditure of funds therefor;
and providing an effective date (File 9086 – awarded to New Waste Concepts Inc, 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
$668,840.00). The Public Utilities Board recommends approval (6 - 0).
STRATEGIC ALIGNMENT
This action supports Key Focus Area: Sustainable & Environmental Stewardship.
INFORMATION/BACKGROUND
The City of Denton owns and operates a 252-acre Type I Municipal Solid Waste (MSW) landfill, which
disposes of an average of 2,100 tons per day of MSW as reported by the Strong Data system.
Under the Texas Municipal Solid Waste regulations, 30 Texas Administrative Code 330.149, and the issued
Texas Commission of Environmental Quality (TCEQ) permit 1590B, the facility, per the 1590B Settlement
Agreement Section 2.1.3 Odor Control, is required, beginning on the approval date, to cease using tarps for
Alternate Daily Cover (ADC) at the Landfill, except:
(i) when temperatures are below 32 degrees Fahrenheit,
(ii) more than one (1) inch of rainfall has fallen in the prior 24-hours as measured at the Denton
Airport, or
(iii) Denton’s supplier is delayed in providing spray-on alternative daily cover. Alternate Daily
Cover shall be applied according to the manufacturer’s specifications.
Based on a 25,000 square foot working face size, The City will use approximately four (4) 50 pound bags
of ProGuard SB3, and 11 bags of Hydrolok Cellulose daily per manufacturer’s specifications. The
Landfill’s TCEQ 1590B Permit Part IV Appendix H- Alternate Daily Cover Operating Plan states the City
can only use Tarps or ProGuard SB Slurry Material for ADC.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
Below is the estimated expenditure for each year of the contract.
Year Spend
Year 1 $109,560.00
Year 2 120,540.00
Year 3 132,460.00
Year 4 145,860.00
Year 5 160,420.00
Total $668,840.00
Section 252.022 of the Local Government Code provides that procurement of sole source commodities and
services are exempt from competitive bidding, if over $100,000, shall be awarded by the governing body.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On August 24, 2026, the Public Utilities Board (PUB) recommended this item to the City Council for
consideration.
RECOMMENDATION
Award with a contract to New Waste Concepts Inc, as a sole source supplier, for the purchase of ConCover
ProGuard SB for the Solid Waste and Recycling Department, in a 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 $668,840.
PRINCIPAL PLACE OF BUSINESS
New Waste Concepts Inc
Perrysburg, OH
ESTIMATED SCHEDULE OF PROJECT
This is an initial one (1) year contract with options to extend the contract for four (4) additional one (1) year
periods, with all terms and conditions remaining the same.
FISCAL INFORMATION
These items will be funded from Solid Waste Disposal account 660300.6372. Requisitions will be entered
on an as-needed basis. The estimated annual expenditure for a fiscal year is $109,560 and is included in the
adopted budget. The remaining amount will be budgeted in future fiscal years to align with the contract
terms and expenditures. These products and services will be utilized on an as-needed basis. The City will
only pay for items purchased and is not obligated to pay the full contract amount unless needed.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Ordinance and Contract
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Randall Morris, 940-349-8049.
Legal point of contact: Leah Bush at 940-349-8333.