Loading...
19-2272ORDINANCE NO. 19-2272 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPOR.ATION, APPROVING A1VD AUTHORIZIlVG THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH THE TOWN OF LITTLE ELM, PROVIDING FOR A GUAR.ANTEED VOLUME AGREEMENT FOR THE LAIVDFILL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton desires that the City of Denton Landfill receive predictable tonnages of solid waste for both revenue and management purposes; and WHEREAS, the Contractor is willing to guarantee delivery of a speci�ed annual tonnage of solid waste in consideration of a discounted disposal charge and make payment based on the guaranteed tonnage regardless of the actual amount of solid waste delivered; and WHEREAS, the City of Denton has determined that this contract is in the public interest; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: TI N 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The City Council of the City of Denton hereby approves the contract attached hereto for guaranteed tonnage to be delivered to the Landfill. SECTION 3. The City Manager is hereby authorized to execute the Interlocal Cooperation Agreement and to carry out the duties and responsibilities of the City as provided in the Contract. SECTION 4. This Ordinance shall become effective immediately upon its passage and approval. �1'h�. rr�cat:���i� tc� ���������v� ��i� ordinance was made by _������°���',����� ,��G���""� ,,����" ��� and ����:c��aci�� 1.�� "�,,��� �"�w�' ���'`����� _, the ordinance was passed and approved by � �� , � _ . ��� �`������r���°�� �rrl�;��� [ ^'��... �_. Page 1 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: Abstain Absent PASSED AND APPROVED this the �,�� ���� da of ���� �.���,�� ��° �' , 2019�� ",,, r�� Y .��� �� ��.�� � _ �" ,� � ��� '� .�'� °��"�� � m, � �� � � � C,,�-3:���'"���,TTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY .� ����,,� ���., BY: �� � �� . . : �. � � �� a STATE OF TEXAS COUNTY OF DENTOfV § SOLIO WASTE DISPOSAL CONTRACT This Interlocal Cooperation Agreement ("Co�t�act") is by and between the City of Oenton, a Texas municlpal co�poration ("City") and the Town of Little Elm, a Texas munlcipal corporation, with its principa) add�ess at 100 W. Eldo�ado Parkway, Uttle Elm, Texas, 75066 ("Contractor"j. WHEREAS, Ciry desires that the City of Dento� Landflll ("landflll") receive predktable tonnages of solid waste fa� both revenue and management pu�poses; and WHEREAS, Contractor is willi�g to guara�tee dellvery of a specified a�nual tonnage of sofid waste In consideratlon of a discounted disposal charge, a�d to promise to bring tonnage to the Ia�dflll and make payment based on the gua�anteed tonnage �egardless of the actual amnunt of soUd waste deNvered; and WHEREAS, this Co�tract has been authorized by the governing bodies of the City of Denton and the City of Uttle Elm; and WHEREAS, the Inte�local Cooperatfon Act, contsined 1n Texas Government Code Chapte� 791 authorizes units of local governme�t to cvntract with one or more units of local government to perfarm governme�tal functlons and senrlces; and WHEREAS, both parties have agreed that thls Co�t�act is in the public interest and ls mutually advantageous to both pa�ties to enter into this Contract. NOW, THEREfORE, in consideratio� of the mutual promises, cove�ants, and co�ditions contained in this Contract, City and Contractor agree to the Following terms and condltions: 1. �1�'q�r1����r���+��, This Contract shall be administered on behalf of City by its Director of Solid Waste or the Director's desfgnee (hereinafter called the "Director"), and on beh�lf of Contractor by its duly authorized officer or employee. 2• �:��mb��� �F ,���� t���� S�li� "�"����. Contractor agrees and guarantees that it w111 pay to deUver to the Landflll Acceptable Solid Waste In the following tonnage for each year of the Contract ("Guaranteed Annual Tonnage") and City agrees to accept all Acceptable Sofid Waste at the Landfill: Contrect Ye�r ��.,v� 2019-2020 � 2020-2021 � 2021-2022 Guaranteed Annual 1,900 tons 1,900 tons 1,900 toris 3, ����rr�� l�a��i�rr�� �� ���:u� �������i�i� ��li�# t,�'������, Contracto� understands and agrees that any volume of dellvered solid waste In excess �f the Guaranteed Annual Tonnage up to five percent (595) of the Guaranteed Annual Tonnage ("Additlonal Acceptable Tonnage") will be pafd at the rate described by the Additlonal Acceptable Tonnage Fee, 4� ��nir��t �c���• means any period during the contract beginning on October 1 and ending on September 30 of the following year, except for the initial year of the term which shall be the perlod from November 11, 2019 to September 30, 2020. 5. a: �.�� ,al+� „��a�w� V'���i� means (i) all wet or dry solid waste that is authorized to be disposed of at the Landfill under applicable federal, state, and local laws, regulations, ordinances, rules, permits, licenses, and governmental orders or di�ectives; and (ii) other wet or dry Solid Waste that Is not Unacceptable Solid Waste (as defined in Section 10 below►. Acceptable Solid Waste does not include sludge, special waste, or material delivered by cititens se�ved by other municlpaNtles or corporatlons. 6. C��MpV�r �r��„�our�s� �3p��r�t��� +�f tl�� a,�rrwa���IN. (a) ���r�t��r� �a� ti�� �.;ac�d�allw tl�����:���r��. The delivery of Acceptable SoNd Waste to the Landfill, which shall occur only during the Landfill's posted hours, shall be governed by the pracedures appllcable generallyto haule�s ut(Ilzing the landflll. Contractor shall comply with all Landfill procedure5 established by City ordlnance and promulgated by the Director fn the dlsposal of Acceptable SoUd Waste, as same may be amended from tlme to Hme. Notwithstanding anything in this Contract to the contrary, City shall have the right, in its sole discretion, to close its landflll, In whole or In part, elther temporarily or permanently, at any time for any reason. Upon any such permanent closure, this Contract shall be terminated by City as described in Section 17. Notwithstanding anything contained lierein to the contrary, any unscheduled closure of the landfill of more than two (2) days by Clty shall result in an equitable reduction In the Guaranteed Annual Tonnage owed by Contractor If requested in writing by Contractor. In additlon, If City closes the Landflll for more than thirty (30) days during any three (3) month perlod, Contractor shall be entitled to terminate thts Contract, and the obligations of both partles to deliver and to accept Acceptable Solid Waste shall terminate (Including, without Iimitatlon, Contractor's obligation to provide the Guaranteed Annual Tonnage and the City's obligatlon to accept the tonnage at the Discount Disposal Fee rate). (bj �� ���r� ,� �rlt� Aw g����l� �,�v�r�, This Contract Is entered subject to and controlled by the Charter and ordinances of the City of Denton and all applicable laws, rules, and regulations of the State of Texas and the United States of America. Contractor and City shall, during the performance of this Contract, comply wtth all applicable City codes, ordinances, and regulatlons, as amended, and all applicable State and Federal laws, rules, and regulations, as amended. 2�SOLID WASTE CONTRACT� Guaranteed Tonnage (c) �itV�.� ��� "�u"�. Title to and rlsk of loss and �espons(billty for Acceptable Solid Waste delivered to the Landflll shall pass at the time such Acceptable Solid Waste is removed from the deNvery vehicle at the La�df111. Title to Unacceptable Solid Waste shall remain with Contracto� or its customer and shall never be deemed to pass to City. City shall have the right to reJect Solid Waste determined to be Unacceptable Solid Waste at any time, and Contractor shall be required to immediately pick up and properly dispose at its own expense, in acco�dance with Subsection 10�c) of thls Co�tract, Solid Waste determined by the Director to be Unacceptable Solid Waste. 7. 7erm. Unless sooner terminated pursuant to Section 16, this Contract shall be fo� a tenn of three (3) years, commencing on November 11, 2019 (the "Contract Start Oate") a�d terminating on September 30, 2022, Upon termination of this Contract, the obllgations of both partles to dellver and accept Acceptable SoUd Waste shall terminate; provided, however, that all other rights and obligations of the parties under this Contract which by their natu�e are intended to survive (including those wlth respect to payment and indemnlficationj shall survive termination. 8. I���s-�� ���� �r�� P� r��rt��. (a) Fgg�. In consideration of Citys permiss�on to dispose of Acceptable Solid Waste under this Contract, Contractor shall pay City twenty-seven dollars ($27.00) per ton. The Additional Acceptable Tonnage Fee shall be thirty-fou� dolla�s ($34.00). Co�t�actor agrees that the Dfscount Dlsposal Fee and the Addltional Acceptable Ton�age Fee may be increased on Octobe� i of each calendar year beginning on October 1, 2020. The percentage increase will be dete�mined by the Director using the Consumer Price Index for All Urban Consumers (CPI- U) for the South Region for All Items, published by the United States Oepa�tme�t of Labor, Bu�eau of labor Statistics. Any increase In the Dlscount Dlsposal Fee or the AddlNonal Acceptable Tonnage Fee shall not exceed five percent (596) in any single calenda� yea�. (b) nt. Cont�actor shall pay the Discount Disposal Fee on a monthly basis for Atceptable Solid Waste deHve�ed to landfill. The monthly blll shall be paid no later than thfrty (30) days after recelpt of a mo�tfily invoice from the Dlrector during the te�m of the Contract. If Contractor deHvers Its Guaranteed Annual Tonnage before the end of the one- yea� period, sdditional Acceptable Solid Waste dellvered to Landflll shall be charged the Non- Resident Gate Rate set by the then current City of Denton Solid Waste Rate Ordinance, If at the end of a Contract Year, Contractor has failed to dispose of the Guaranteed Annual Tonnage, Contractor remains obHgated under this Contract to pay the Discount Disposal Fee for the entire Guaranteed Annual Tonnage. At the end of each Contract Year, the Director shall perform a �econciliatlon of the ackual tonnage of solid waste disposed of at the landfill under this Co�Mact in that Cont�act Yea� compared with the Guaranteed Annual Tonnage and the amount paid by Cont�actor during the 3�SOLID WAS'iE CONTRACT) Guaranteed Tonnage Contract Year. The Director shall make the appropriete calculations and adjustments to determine the amounts finally due and owed by Contractor in each Contract Year. Contractor shall pay any amounts owed to City pursuant to the end-of-Contract Year reconciliation not later than thlrty (30) days after recelpt of an invo(ce from the Director. Late payments under this Contract shall earn simple interest at the annual rate of ten percent (1096), or such other rate as the City Council establishes pursuant to City of Denton Code of Ordinances Section 26- 6(k) as amended. In the event of a good faith dfspute in the amount of the Discount Disposal Fee due, Cont�actor shall, at a minimum, pay the undisputed portion of the Discvunt Disposal Fee due within the thirty (30) day period set forth above. The calculation of interest on any disputed payment or the pursuit of contractual remedies by Cfty shall be suspended during any good falth dlspute regarding payment until the dlspute is either resolved or City otherwise determines that the dispute cannot reasonably be resolved. If It Is determined that the disputed amount is owed by Contractor, such amount shall be subJect to the late fees described hereln. The parties reserve all legal rtghts and remedies If they cannot amicably resolve a dispute. (c) 1" �c�� � a�ii C� ;�� ,�����s, In addition to the Discount Disposal Fee, Contractor shall pay all other federal, state, Iocal or other taxes, fees, surcharges, or �Imilar charges related to the acceptance or disposal of Acceptable Sotid Waste or related to the operatlo�s or activities of the Lahdflll that are imposed by law, ordinance, regulatfon, agreement with a governmental authorlty, governmental audit, or otherwlse. (d) ��ri ������, Upon executlon of this Contract, Contractor shall provide a security deposit in an amount equal to one-sixth (1/6) of the annual guaranteed amount under thls contract, The D(rector may approve a lesser deposlt if Contractor recetves an acceptable credit rating from a credit source available to the City. The cost to obtai� the credit rating wlll be charged to the Contractor and will not exceed one hundred dollars ($100.00), The security deposit may also be waived or reduced based on recent payment history of the contractor. The security deposlt may take the form of cash, a performance bond issued by a corporate surety or sureties licensed to issue bonds tn the State of Texas and otherwise acceptable to City, or an uncondltional, frrevocable standby letter of credit issued by and drawable at a financia! institution located fn Denton County, Texas. If other than cash, the form of the security deposit shall be approved by the Director and approved as to legal form. for multi-year contract, the security deposlt wlll be reviewed annually to �eflect an increase or decrease in the full Disposal Rate, and the amount of the security deposlt will be increased or decreased to reflect the change, �ey M���� �, ��� f,����, If Contractor, after thirty 430) days advance written notice and opportunity to cure from Ctty, fails to make payment of amounts due under this Contract or breaches any te�m, conditlon, or covenant of this Contract, the Director may exercfse any or all of the following remedles, without waiving any other remedies available to Ciry at law or in equity: (1) suspend delivery of solid waste to the Landflll by Contractor; (2) termtnate thls Contract far default as provided in Sectfon 14; or (3) draw upon the security deposlt and require Contractor to furnlsh a �eplacement security deposlt as provided In 4�SOLID WASTE CONTRACT� Guaranteed Tonnage Subsectio� (d) above, except that the Director may requlre a greater arnount of security than provided for in Subsection (dj in order to provlde City with adequate assurance of performance by Contracto�. If Contractor's deNvery of soUd waste to the �andfill ls suspended for nonpayment, Contracto�'s obligation to pay the full payment for guaranteed an�ual tonnage remal�s in effect. 9. ���'�I�k �ae� �� �° ��, During the te�m of this Co�tracX, Contractor shall procure, pay fo�, and maintain at least the minimum insurance coverages described i� Exhibit A, attached to and made a part of this Contract. App�oval, disapproval or failure to act by City regarding any l�surance suppNed by Contractor or its subcontracton shall �ot relieve Contractor of full �esponsibility or liability for damages, e�rors, omissio�s, or accldents as set forth in this Contract. The bankruptcy or insolvency of Contractor's insurer or any denial of liability by Contractor's lnsurer shall not exonerate Contractor from the IiabiNty or responslbillty of Contractor set forth i� this Contract. 10. t�r����� I ' i�fi� �' �t . (aj For the purposes of this Contract, "Unacceptable Solid Waste" means: (i) any material that is not Aoceptable Solid Waste; (li) any mate�ial that by reason of its composition, characteristics or quantity is deflned as a"hazardous material," "hazardous waste," "hazardous substance," "extremely hazardous waste," "restricted haza�dous waste," "toxic substance," "toxic waste," "toxic pollutant," "contaminant," "pollutant " "infectious waste," "medical waste," "radioactive waste," o� "sewage sludge" u�der any AppNcable Law; (Iii) any materia) that requires other than no�mal handling, sto�age, management, transfer or disposal; or (iv) any othe� material that may present a substantial endangerment to public health or safety, may cause applicable air quaHty or wate� effluent sta�dards to be violated by the normal operation of the landfill, or because of its slze, durabllity or oomposition cannot be disposed of at the landflll or has a reasonable possibility of otherwise adve�sely affecting the operation or useful Qfe of the Landflll. (b) Contractor agrees that lt shall not deliver any Unacceptable Soltd Waste to City's landflll. If Contractor delivers waste that contains both Acceptable SoNd Waste and Unacceptable Solid Waste, the entire delive�y shall constitute Unacceptable Sol1d Waste if the Unacceptable Solld Waste cannot be separated from the Acceptable Solid Waste through the reasonable efforts of Clty, wlth the cost of such separation to be paid by Contractor. City shall have the rlght, but not the oblfgation, to inspect any of Contractor's trucks to determine whether the waste delivered is Acceptable Solid Waste or Unacceptable Solid Waste. Any failure by City to perform any such inspection or to detect Unacceptable Solid Waste desp(te such inspection shall In no way relleve Contractor from Its obligation to deliver only Acceptable SoUd Waste or from its other obligations under this Section, or to retrieve such Unacceptable Salid Waste as required under Subsection 6(c). (c) If Contractor delivers Unacceptable SoUd Waste to Cit�/s landfill, City may, in its sole discretion: (1� reject such Unacceptable SoHd Waste at Contractor's sole expense; or (ii) S�SOLID WASTE CONTRACT� Gua�anteed Tonnage if City does not discover such Unacceptable Solld Waste in time to reject and reload such Unacceptable Solid Waste, inform Contractor by telephone of the problem and require pickup of the Unacceptable Solld Waste within twenty-faur (24) hours, unless the Unacceptable Solld Waste is deemed by City to be a threat to the health and safety of 1ts empioyees or the general public, in whlch case Contractor shall respond and remove the Unacceptable Solid Waste Immediately, If Contractor fails or refuses to timely remove or properly dispose of such Unacceptable Solid Waste, C(ry may d(spose of such Unacceptable SoNd Waste at a location authorized to accept such Unacceptable Solid Waste in accordance with all applicable laws, ordlnances, and regulatlons and to charge Contractor all direct and indirect costs incurred due to removing, handling, transporting, and d(sposing of such Unacceptable Solid Waste. Notwithstanding the foregoing, no notice to Contractor shall be required for City to dispose of Unacceptable Solid Waste at Contractor's sole expense in emergency sftuations where, In the Director's Judgment, a delay in such disposal could constitute a hazard to the Landflll or any person on, about, or near the Landfill premises. 11. �r�r�p � I` pI� � Contractor and City shall comply with all federal, state and local environmental laws and regulations, Including, but not Iimited to, the Resource Conservation and Recovery Act (RCRA), the Safe Drinking Water Act (SDWA), the Ciean Water Act (CWA) and the Clean Air Act (CAA) In thelr performance under this Contract. Contractor shall ensure that its agents, subcontractors and employees have recelved training or information appropriate to the environmental aspects and impacts of their activ(ties in connection with performance of this Contract. Contractorand City shail ensure that any spllls or other releases of materlals into the environment that may result from performance under thls Contract are responded to and reported adequately and in compliance with appllcable environmental laws. 12. Notices, Except as otherwise provtded in Sectian 13, any notice, payment, statement, or demand required or permltted to be given under this Contract by elther party to the other may be effected by personal delivery fn writing or by mafl, postage prepald. Malled notices shall be addressed to the partles at the addresses appearing below, but each party may change its address by wrttten notice In accordance with this section. Mailed notices shall be deemed communicated as of three (3) days after mailing. Nf inC��,d�c� ��� C���: 8rian Boerner Directnr of SoUd Waste City of Denton 1527 S. Mayhill Rd. Denton, TX 76208 Jason Shroyer 100 W, Eldorado Parkway Little Elm, Texas, 7506$ 6�50LID WASTE CONTRACT� Guaranteed Tonnage 13, ,��ra�r�r���t, Contractor shali not sell, assig�, transfer, or convey thls Contract, in whole or In part, without the prior written consent of City's Director, which consent will not be unreasonably wlthheld. 14. �b�����»r�� ��arwtr��t����°. Contractor's status shall be that of an indepe�dent contractor and not an agent, servant, emptoyee, or rep�esentative of City in the performance of the Services. Contractor shal) exerdse lndependent Judgment in performing its obligations under this Contract and is solely responsible fcr setting working hours, scheduling or prioritizing and determining how its obligations under this Contract are to be performed. No term or provision of this ContracE or act of Contractor i� the performance of thls Contract shall be construed as making Cont�actor the agent, servant o� employee of City, or making Contractor or any of Its employees eligible for the f�inge benefits, such as �etl�ement, insu�ance and worker's compensation, which Clty provides Its employees. is. �;�,, To the extene authar�red by the ConsNtu�lon and the /aws o/ the stote oj Texas, Conera►ctor aqr�ees tn dejend, Pndemnljy and hold Clty, lrs ofJfcers, aqenes and ernpbyees, harmless aqaJns� any and all cMlm; laiwsults, Judpmencs, costs, /�ne� ���tt��� and expenses I'a' Personal l�Jury (lnclud�np daathJ. ProP�rtY ddma�� vloMNons aj state or /�edeial enWronmenta/ laws or repulatlons, or other ha�rn jor wJ�lch recovery of dama9es !s souQh� st�Jfened by dny person or person�, that may aWse out oj or be oc+casioned by Contractor's bmach of any of the t�ernu or provlslons oj thls Contr+ac� or by any ����;�� wron�%ul, or st�tdy paWe act or om/sslon of Contnactor, lts oJ�lcers, a�ent;, employees or subcond�ace�on� ln the ���ce of this Controc4 except that the indemMty provided jor la thJs paraqroph shall not ap,pJy M any liabllity resuMlnq solely fi►om the ���ca, wron�ul ac�, or jpuh oj Clty, lts ojJYcert„ aqent�, empby�ees or sepairaite conMactnrr, and in the evene oj Jolnt and concurrinp n�r��� or jauk oj Conlrocbr and pty, rcsponsibJlJty and lndemn/ty, �/ any, shall be apportioned Jn accardance wlth the law oj the SMte oj Texas, wlthou� waJWnq any me�t+al Immun/ty avalMbk to Clty under Texas low and wlthou! waJWnQ aay r���� of the parNes under Texas law. Th� provlsloris oj thJs �r+��� are so/ely J�r the benejJt of the parNes to thls Controct and are not /ntended to cneate or qront any Wphts, cbntractual or o� ��d to any other person or enNty. 16. +�r �Y�ro�tCcr�r. This agreement may be terminated in whole, or in part, by the City or the Contractor upon thlrty (30} days written notice to the other party. In the event of terminatlon, Contracto� shall pey all contract fees for Solid Waste dellvered to City's landfill up to and including the date of te�mination. 17. Venue, The obligatlons of the partles to this Contract shall be perfo�mable in Denton County, Texas, and if legal action is necessary In connectlon with or to enforce rights under this Gontract, exclusive venue shall Ne in �enton County, Texas. 18. +��a��u�rry� I��,�.� This Contract shall be govemed by and const�ued in accordance with 7�SOLID WASTE CONTRACT� Guaranteed To�nage the laws and court decisions of the State of Texas, without regard to conflict of law ar choice of law principles of Texas or of any other state. 19. �� �1 �'�rst,r�c��t���r� In case any one or more of the provisions contained in this Cantract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such Invalidity, illegality, or unenforceability shall not affect any other provislon of this Contract, and thls Contract shall be considered as If such invalid, illegal, or unenforceable provision had never been contained in this Contract, 20, Counternarts. This Contract may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. If this Contract Is executed In counterparts, then it shall become fuily executed only as of the execution of the last such counterpart called fo� by the terms of this Contract to be executed, 21. Cant{ons• The captions to the various clauses of this Contract are for informational purposes only and shall not alter the substance of the terms and conditions of this Contract, 22. �u��c�ss�a� s a�� ��s�i����„ This Cont�act shall be binding upon and inure to the benefit of the parties and thelr respecttve successors and, except as otherwise provided in this Contract, thelr asslgns. 23, °��,� � s���� �w ��� p��� ���P����,�tG�r��„ This Cont�act (with all referenced Exhibits, attachments, and prov(slons incorporated by reference) embodles the entire agreement of both partles, superseding ali oral or wrltten previous and contemporary agreements between the parties relating to matters set forth in thls Contract. Except as othe�wise provided elsewhere in this Contract, this Contract cannot be modifled wlthout written supplemental agreement executed by both parties, 24. I�Lon-aqnranrlatlon, Notwithstanding anything in this Contract to the cont�ary, all obligations of Contractor to make payments hereunder are subject to the appropriation of sufficient funds for such payments by the Town of Little Elm. Fallure to make payments under the contract shall terminate the contract. r ��� � ������t�� k��� ��+� �� ��,. �,��' �� _ � �.�'�;�������,��„ �' . ��, �� �,�� �� ����� �i��i�� �r� �w�d �k�a�+���b� ��� C�ty ������r, d�aN�y �uC���ix�� �� �,x����� ��rrw� b� �r����,r��� ��� �,�°�A� "��°y� ����av�u� �� �� � �� �� . � �� ,. �� ���D��� CITY OF DENTON, TEXAS ! �'�;„�� � �, a��` �`��'� �" °��..... TOWN OF LITTLE ELM, TEXAS ,,. ,� BY� ;�..�..__._�_........ �..�,.�_.. 8�SOLID WASTE CONTRACT� Guaranteed Tonnage c :• •, _� • ,. . r �'�a 9� ��i N i �� � � �,' ����������� Data 5lgned: �,��' __.. _ �� �' � . �� y ��,'���,� ��� � _... � � ; ....� � �� � ��;�..._. � � � ��� � � � A7TEST: THY PHILLIPS, TOWN SECRETARY - ,✓"`� � � �.���°�.� �' �' � � � � �'�.�..,�,m � �� �rv� ������. � FOR : APPROVED TO LEGAL fOR : �'�" TOWN AITORNEY ��`�� � � � ,���M , '•IR �' 10p� �� � m � �� � �� � �' � � �u� � � �� �� � �� "� ���, �� ��,�w� 9ISOLID WASTE CONTRAC7� Guar�nteed Tonnage 10�50LID WASTE CONTRACT� Guaranteed Tonnage EXHI8IT A INSURANCE REQUIREMENTS WJtlwut limltM� any of the other obN�aHons ar qabpitles oj the Condacb►, the Con[rarctorsholl proWde and maln�aln fer the trrm oj the Contra� rhe m!n/mum insumnce covenaqe as lndkoted here�n. Contr�acMr shall flk wTth the SoNd Waste Deparhnent saNsfactory certlJicw[es of lnsurance JncludJnq any applleable dddendum or �����„ Cwetr�acMr map ask Jor elanry�oatlbn of any lnsur�anc�e requlroments ot ony Nme, upon wrltten nquest to the SoNd Waiste Depardnen�. All lnsurona pofldes propossd or obe�a�lned ln satlsjrrcNon of t�hese rrqwlr�ements sholl c»mply rWdr ehe jollowM� pe�e�arl �� " �, and shaU be maMt�lee�d In compllance wJth tbese qeneral ,���t�a�� throuqhout the du�artlon of the Con4roc� or lon�er, If so nated: I. E�ch po(Icy shall be issued by a wmpany autho�i:ed to do business in the State of Texas wlth a� A,M. Best Company rating of at least �,�,,�;, II. llabillty pollcies shall be endorsed to provide the following: A. Name as Additional Insured the City of Denton, its Offidals, Agents, Employees and volunteers. e. That such insurance is primary to ahy other insurance availabk to the Additbnal Insured with �espect to claims oovered under th� poliry and that this insurance appNes separately to each insured against whom clalm is made or suit is brought. The inclusbn of more than one Insured 9hall not operate to incresse the Insurer's 11mit of liabllity. C, Provide a Waiver of Subrosatlo� i� favor of the City of Denton, its officials, agents, employees, and volunteers. III. ConceHatJon: Gty r�equJnes 30 dpy wNt�en noNce shou/d any of the polkaies desc�bed on the arNJkate be oaa�arMd or mateMalJy chanqed beJ�ne the e�pinrtlon daGe. A. Should any of the required insu�ance be p�oWded under a claims made form, CONTRACTOR slull maintain such coverage conti�uously throughout the te�m of this co�t�act and, without I�pse, fo� a perlod of three years beyond the co�tract explrattan, such that oacurrences arising during the cont�act Oerm which g(ve rlse to dalms made after explratlon of the centract shall be covered. B. Should any of the required Insurance be provlded under a form of coverage that Includes a general annual aggregate Ilmit provlding for clalms Investigatlon or legal defense costs to be Included In the general annual aggregate Iimit, the Contractor shall elther double the occurrence Ilmits or obtaln Owners and Contractors Protective llability Insurance, C. Should any required Insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City recelves satisfactory evidence of refnstated coverage as requlred by this cont�act, effective as of the I�pse date. If insu�a�ce (s not reinstsCed, City m�y, st its sole optbn, tenninate this wntract effective on the date of the lapse. 11�SOLID WASTE CONTRACT� Gua�anteed Tonnage IV. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: �►� f,��,�r���� �r�t�,����,�ra��a���a� �r ��t��r�+��N �� ���P�,���`�r� ��"���:� �"�r���er�� ��ard1 d�d���r�r��il�,�r�����^ u�r1�#� ��� �'�f��a+�1�� r^��,���� �p���d�i����a��r�, +���' .�h�Pd b� r���,�t+��r��� i�ti ��Pls���� �F��r ����� ��"a��t������� spedJlcations throughout the durotlon of the Contract, or lonqer, !f so noted: A, Ganeral Liabllity Insurance: 1, General llability Insurance wlth combined single Ilmits of not less tha� ,���� �,��,�� shall be provlded and malntalned by the Contractor. The polfcy shall be written on an occurrence basis either in a single policy or in a combinatlon of underlying and umbrella or excess pollcles, 2. If the Commercial General Llability form (ISO Form CG 0001 current editlon) Is used: a. Coverage A shall include premises, operations, products, and completed operations, Independent contractors, contractual Ilabllity covering this contract and broad form property damage coverage. b, Coverage B shall Include personal Injury. c. Coverage C, medlcal payments, is not required, 3, If the Comprehenslve General Llabllity form (ISO Form GL 0002 Cur�ent Editlon and ISO Form GL 0404) is used, it shall include at least: a. Bodily InJury end Property Damage Llabillty for premises, operations, products and completed operations, Independent contractors and property damage resulting from exploslon, collapse or underground (XCU) exposures. b. eroad form contractual liability (preferably by endo�sement) covering this contract, personal tn)ury Uability and broad form property damage Ilablliry. B. Automobtla LIablUty Inaunnee: 1, Contractor shell provide Commerclal Automoblle llabllity Insurance with Combined Sfngle Llmlts (CSL) of not less than 0 0 0 elther in a single pollcy or In a combination of baslc and umbrella or excess pollcles. The policy wlll include bodlly In)ury and property damage Ilabllity arisfng out of the operation, malntenance and use of all automoblles and moblle equlpment used In conjunctlon with thls contract. 2. Satisfactlon of the above requirement shall be in the form of a policy endorsement for: a, any auto, or b, all owned hired and non-owned autos. V. The Contractor's failure to comply with any of these provlsions is a b�each of contract by the contr�ctor, which entities the Clty to declare the contract void if the contractor does not remedy the breach within ten days after recelpt of notice of breach fram the Clty. 12�50LID WASTE CONTRACT� Guaranteed 7onnage