23-1994ORDINANCENO. 23-1994
AN ORDiNANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO
EXECUTE A FERST AMENDMENT TO SOLID WASTE DISPOSAL CONTRACT WITH
RHINO REMOVAL, LLC; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council for the City of Denton entered into a contract with Rhino
Removal, 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 guaranteed annual tonnage
for the first contract year of the term due to operational obligations that were delayed to year two
(2), and Contractor desires to transfer the remaining tonnage amount from the first year to the
current contract year; and
WHEREAS, the price per ton for year two (2) of the Contract may increase based on the
Consumer Price Index by up to five percent (5%) of the current rate of thirty seven dollars and fifty
cents ($37.50); and
WHEREAS, the City of Denton has determined that this First Amendment to the Solid Waste
Disposal Contract is in the public interest;
NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS 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.
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The ordinance was passed and approved by the following vote U–g– J :
Aye
V
t/
Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Paul Meltzer. District 3 :
Joe Holland. District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
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PASSED AND APPROVED this the 1 th day of Na\aBbe/, 2023.
&ERARD HUDSPETH, MAYOR
ATTEST:
JESUS SALAZAR, CITY SECRETARY L\\\IlIInI
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATrORNEY
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BY : DatE:023.18.06 1 1:16:38 45'oo'
Susan Ke Ier :i.:gB„==iII„::=‘
FIRST AMENDMENT TO
SOLID WASTE DISPOSAL CONTRACT
BETWEEN CITY OF DENTON AND RHINO REMOVAL, LLC
THE STATE OF TEXAS §
§
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS
The City of Denton, a Texas home-rule municipal corporation ("City”), and Rhino Removal
LLC, ("Contractor") agree to enter into this First Amendment (“Amendment”) to Solid Waste
Disposal Contract between the City and Contractor effective October 1, 2022 and executed on
September 20, 2022.
WITNESSETH:
WHEREAS, City and Contractor originally entered into a Solid Waste Disposal Contract for
guaranteed tonnage delivery effective on October 1, 2022, and approved by City Ordinance Number
22.1558 (the "Contract"); and
WHEREAS, the Contract requires any subsequent modifications to the Contract terms to be
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 term to the second Contract Year of the term; and
WHEREAS, the Contract provides for an increase of up to five percent (5%) in the price of
guaranteed tonnage beginning October 1, 2023, based on the Consumer Price Index; 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 :
1.
The findings and recitations contained in the preamble of this Agreement are incorporated herein
by reference.
11.
Paragraph 3 of the Contract, labeled "Delivery of Acceptable Solid Waste," is hereby deleted in its
entirety and replaced with the following:
“3. Delivery of Acceptable Solid Waste. Contractor agrees and guarantees that it will deliver
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 :
Contract Year
FY 2022-2023
FY 2023-2024
Guaranteed Annual Tonnage
B,832.88
35,167.12
99
111.
The Parties hereto agree, that except as specifically provided for by this Amendment, that all of the
terms, covenants, conditions, agreements, rights, responsibilities, and obligations of the Parties, set
forth in the Agreement remain in full force and effect.
IV.
IN WITNESS WHEREOF, the City and the Contractor, have each executed this Amendment, by and
through their respective duly authorized representatives, and the person or persons signing and
executing this Contract on behalf of Contractor or representing themselves as signing and executing
this Contract on behalf of Contractor, do hereby warrant and certify that he, she or they have been
duly authorized by Contractor to execute this Contract on behalf of Contractor and to validly and
legally bind Contractor to all terms, performances and provisions herein set forth.
Executed this day of , 20 by City, signing by and through its City Manager,
duly authorized to execute same by Ordinance approved on 20
CITY OF DENTON, TEXAS RHINO REMOVAL, LLC
BY:
SARA HENSLEY, CITY MANAGER
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ATTEST:NORTH TEXAS WASTE PROS, LLC
BY
JESUS SALAZAR, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
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R \{ • Date 2023.10.06 11:16:01 OS'CXY
Iusan Kel
THIS FIRST AMENDMENT TO
SOLID WASTE DISPOSAL CONTRACr
BrrWEEN CITY OF DENTON AND
RHINO REMOVAL, LLC HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
Brian Boerner @%h=
Signature
Director of Solid Waste
Title
Solid Waste & Recycling
Department