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
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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��
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C,,�-3:���'"���,TTS, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
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BY: ��
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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.
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CITY OF DENTON, TEXAS
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TOWN OF LITTLE ELM, TEXAS
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8�SOLID WASTE CONTRACT� Guaranteed Tonnage
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A7TEST:
THY PHILLIPS, TOWN SECRETARY
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FOR : APPROVED TO LEGAL fOR :
�'�" TOWN AITORNEY
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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:
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��� �'�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