21-140621-1406ORDINANCE NO. --�--
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOi\1E-RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMEND:MENT TO SOLID WASTE DISPOSAL CONTRACT WITH FRONTIER ACCESS, LLC.; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council entered into a contract with Frontier Access, LLC. ("Contractor") for the delivery of predictable tonnages of solid waste to the City of Denton Landfill for both revenue and management purposes; and
WHEREAS, the Contractor did not meet the obligation for the first contract year of the term due to landfill accessibility, and wishes to transfer the additional amount to the current contract year; and
WHEREAS, the City of Denton has detennined that this First Amendment to the Solid Waste Disposal Contract is in the public interest; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 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 First Amendment attached hereto.
SECTION 3. The City Manager, or designee, is hereby authorized to execute the contract 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.
The motion to approve this ordinance was made by --::5e�..Y2_ \)o_\l'; 5 by A \ 150(\ MC-\...:) v � ( e.. , the ordinance was passed and following vote l]__ -O]:
Mayor Gerard Hudspeth:
Vicki Byrd, District 1:
Brian Beck, District 2:
Jesse Davis, District 3:
Alison Maguire, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
Aye
✓
,/
,/
✓
/ /
Nay Abstain
Page 1
and seconded approved by the
Absent
PASSED AND APPROVED this the 2, ,Th dayof_~0_v_\._~-+-----' 2021.
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON, INTERIM CITY ATTORNEY
FIRST AMENDMENT TO
SOLID WASTE DISPOSAL CONTRACT
BETWEEN CITY OF DENTON AND FRONTIER ACCESS, LLC
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON §
The City of Denton, a Texas home-rule municipal corporation ("City'), and Frontier
Access, LLC ("Contractor'') agree to enter into this First Amendment to Solid Waste Disposal
Contract as of the effective date hereof.
WITNESSEIB:
WHEREAS, City and Contractor originally entered into a Solid Waste Disposal Contract
for guaranteed tonnage delivery on October 8, 2019, approved by City Ordinance Number 2019-
2268 (the ''Contract"); and
WHEREAS, Paragraph 23 of the Contract allows for subsequent modifications to the
Contract terms via written supplemental agreement executed by both parties; and
WHEREAS, Contractor did not meet the obligation for the first Contract Year of the term
due to market conditions; and
WHEREAS, Contractor expects to have a higher need for disposal of solid waste for the
current Contract Year; and
WHEREAS, Contractor has requested to transfer the unused volume for the first Contract
Year of the tenn to the second Contract Year of the tenn; and
WHEREAS, the City is amenable to the requested transfer of unused volume under the
following terms;
NOW, THEREFORE, City and Contractor agree to amend the Contract as follows:
I. Paragraph 2 of the Contract, labeled "Delivery of Acceptable Solid Waste," is hereby
deleted in its entirety and replaced with the following:
2, Delivery of Accej>table Solid Waste. Contractor agrees and guarantees that it
will deJiver to the Landfill Acceptable Solid Waste in the following tonnage for each
year of the Contract (''Guaranteed Annual Tonnage") and City agrees to accept all
Acceptable Solid Waste at the Landfill:
1
Contract Year Guaranteed Annual Tonnage
2019-2020 39,080.29 tons
2020-2021 40,919.71 tons
2021-2022 40,000tons
II. All other provisions of the Contract shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the 2., 7 t-h day
of :Jv l'-j • 2021.
ATTEST:
\,,111111,,,,, ,,,\ OF O £ 4' ,,,.
...... ,< --I. ......... l' ,,,. ~ ,, •••• • ••• 0 , ~t.>•·· •• _.,,,,..-:,. -. . .. : ! \ :. =•= =•= : \ : = ~ ~ l ~ , .. .. ' ~ () ·•... • ••• • C:,, ~ ,, ~,i, ........ i-~ ~ ,,,,, roN, ,<c.,,,,, ,,,,,. .. ,,,,
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY:
STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON,
aTern~ration
SARA HENSLEY
INTERIM CITY MANAGER
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
onal
~
This instrument was acknowledged before me on the ol'8 day of "Su l;f ,
2021. by Sarah Hensley, Interim City Manager on behalf the City of Denton, a Texasome-rule
municipal corporatiml. ~6'CJnctJ5
[' r: A T 1 Notary Public, State of Texas
i-1:'-~ KARISALEIGHRICHAROS My Commission Expires ,-a.{<<.f /~~
{{~;:} My Notary ID# 131826791 (or Notary Stamp)
,,,"!!.··· -~~--Expires n-'--· 14, 2022 #",,,f,?f_,,,,,' I.IV\ililDll lWJ
2
STATE OF TEXAS
COUN1Y OF DENTON
CONTRACTOR:
FRONTIER ACCESS, LLC
This instrument was acknowledged before me on the 5 day of _J_w __ ,e=--__ __,
2021, by John Gustafson, CEO of Frontier Access, LLC, as an act of said company.
[SEAL)
,•"U"'''" ANTHONY ZURITA ~,Pc,4►.~ /~_.~•·· ..... ~ Notary Public. State of Texas .•. =·-2024 ;;.:.. it:.5 Comm. Expires 09-18-~,;,,,,;·~·~$ Notary 10 132684674 l,U\\•
3
No~ Ii te of Texas
My onumssion Expires o 1 / ti /2Qt.C/
(or Notary Stamp)