HomeMy WebLinkAboutContract 49742-A2CSC No. 49742-A2
SECOND AMENDMENT TO
FORT WORTH CITY SECRET ARY CONTRACT NO. 49742
AN INTERLOCAL AGREEMENT BETWEEN CITY OF FORT WORTH
AND CITY OF BENBROOK FOR PARTICIPATION IN
THE CITY OF FORT WORTH'S ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
This Second Amendment to Fort Worth City Secretary Contract No. 49742 ("Second
Amendment") is made between the City of Fort Worth ("Fort Worth"), a municipal corporation, and City
of Benbrook, ("Participating City") and located in TARRANT COUNTY, TEXAS acting herein by and
tlu·ough Ethan Cox, its duly authorized Assistant City Manager.
WHEREAS, on October 3, 2017, Fort Worth and Participating City entered into an Interlocal
Agreement identified as Fort Worth City Secretary Contract No. 49742 (the "Agreement") for participation
in the Fort Worth Enviromnental Collection Center's ("ECC") Household Hazardous Waste Program; and
WHEREAS, on August 21, 2023, Fort Worth and Participating City amended the Agreement
("First Amendment") to an increase in the cost per household visit to the ECC or per participating household
in a Mobile Collection Event from $50.00 to $95.00; and
WHEREAS, due to rising costs of the program since the execution of the First Amendment, Fort
Worth desires to increase the cost that each participating City pays per visit to the Environmental Collection
Center or per participating household in a Mobile Collection Event; and
WHEREAS, on September 16, 2025, pursuant to City of Fort Worth Ordinance No. 279977, the
Fort Worth City Council authorized the increase of the cost per household visit to the ECC or per
participating household in a Mobile Collection Event from $95.00 to $125.00; and
WHEREAS, Fort Worth and Participating City desire to amend the Agreement to increase in the
cost per household visit to the ECC or per participating household in a Mobile Collection Event to match
the cost authorized by the Ordinance; and
WHEREAS, Fort Worth and Participating City desire to amend the Agreement to clarify the
termination-and amendment provisions in the Agreement; and
WHEREAS, Fort Worth and Participating City agree to amend the Agreement to clarify that the
Agreement shall be subject to termination upon either party providing written notice to the other party or,
upon the adoption of a rate increase by the Fort Worth City Council, Fort Worth has the option to amend
the Agreement to align the payment terms to the rate increase, subject to agreement by the Participating
City; and
NOW THEREFORE, known by all these present, Fort Worth and Participating City, acting herein
by the through their duly authorized representatives, agree to the following terms. which amend the
Agreement as follows.
I. AMENDMENT
I.Section IO "Compensation", Paragraph A of the Agreement is hereby deleted in its entirety
Amendment to CSC 49742 Page t of 3 An lnterlocal Agreement
Between Fort Worth and City of Benbrook
and restated as follows:
Participating City agrees to pay Fort Worth the sum of $125.00 per household per visit to the
ECC (or per pariicipating household in a Mobile Collection Event) to dispose of household
hazardous �vaste. If a Participating City resident presents waste that was collected from multiple
households, Fort Worth reserves the right to charge the Participating City based on the total
nuntber of households from which the waste originated. Fort Worth may, at its option,
amend this Agreement to adjust the cost per household visit to the ECC (or per
participating household in a Mobile Collection Event) by providing Participating City at least
thirty (30) days' written notice prior to the Fort Worth City Council's authorization of an
increase to the cost per liousehold visit charge, subject to the Participating City's consent. If
Participating City does not consent to the adjustment, then this Agreement may be terminated
in accordance with the tenns of the Agreement.
� � : : U � • ' \ � U.
All other provisions of the Agreement which are not expressly amended herein shall
remain in full force and effect.
III.
ELECTRONIC SIGNATURE
This Amendment may be executed in multiple counterparts, each of which shall be an
onginal and all of which shall constitute one and the same instrument. A facsimile copy or computer
image, such as a PDF or tiff image, or a signature, shall be heated as and shall have the same effect
as an original.
%Signature Page FollowsJ
Amendment to CSC 49742 Page 2 of 3
An Interloc�l Agreement
Between Fort Worth and City of Benbrook
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
, 1-A I J A By signing I acknowledge that I am the person __ ...!V..:: ta.:1.EVJL.Jo<..:.V'_'_•;.:·-...;!:,.;__0,.x(_;;;_ l.-_____ -1-responsible for the monitoring and administration
By: VaJerie Washington {Oct 6, 2025 16:27:03 CDT of this contract, including ensuring all
Name: Valerie Washington performance and reporting requirements.
Title: Assistant City Manager
Date: 10/06/2025
APPROVAL RECOMMENDED:
By:
Name: James Keezell
Title: Assistant Environmental Seivices
Director
ATTEST:
By:
Vendor:
By:
Name: Jannette S Goodall
Title: City Secretary
Name: Ethan C x
Title: Assistant City Manager
Date: :ll�o (i C
Amendment to CSC 49742
An lnterlocal Agreement Between Fort Worth and City or Benbrook
By:
Name: Rex Johnson
Title: Environmental Services Supervisor
APPROVED AS TO FORM AND LEGALITY:
By:
fVl. Kevin Anders > II
M. Kevin Anders, II (Oct 6, 202516:22:27 CDT)
Name: M. Kevin Anders, II
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: C-28276 6-13-2017 1295: NIA
Page 3 of3
ORDINANCC NO. 27977-09-2025
AN ORDINANCE AMENDING IDCNTIFIED PROVISIONS OF THE
CODE OF THC CITY OF FORT WORTH (2015), AS AMENDED, TO
REFLECT CHANGES IN THE FEES STATED IN THOSE CODE
SECTIONS; ADDING NEW FEES AND CHANGING CERTAIN FEES
AND RATIFYING AND CONTINUING PREVIOUSLY ESTABLISHED
UNCODIFIED FEES; ALLOWING FOR CHANGES IN CERTAIN FEES
DUE TO MARKET CONDITIONS; DESIGNATING OTHER
DEPARTMENTS ACTING ON BEHALF OF THE FINANCIAL
MANAGEMENT SERVICES DEPARTMENT; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, certain City functions are provided on a fee-for-service basis, with such
fees designed to recover some or all of the costs incurred by the City to provide such services;
WHEREAS, adoption and revision of the utility rates for water and wastewater and for
municipal drainage (stormwater) are subject to specific processes and are therefore handled by
separate action in order to ensure compliance with those utility-rate-setting processes, but certain
other non-rate miscellaneous fees are simply set by Council;
WHEREAS, in limited instances the fees for other non-utility City services aze reflected
in codified ordinances that can be found in the Code of the City of Fort Worth (201�), as
amended;
WHEREAS, for a number .of other fee-based services, the City Code simply refers to
fees being set by City Council, which action may not take the form of an ordinance;
WHEREAS, the operations of the City's Public Events Department involve booking
business for conventions and other gatherings at the Fort Worth Convention Center months or
sometimes years in advance, necessitating the adoption of fees for such facilities beyond just Lhe
immediately coming year;
WHEREAS, with the Cily having assumed cesponsibility Foc providing emergency
medical services (EMS) within rort Worth and certain otlier neighboring cities, there is a need to
enact certain EMS-related fees, which are gener�lly being set to mirror the �mot►nts most-
recently charged by the prior EMS provider (Medstar);
WHEREAS, EMS fees within the schedule noted with an �sterisk (*) reflect rates for
ambulance transport and related services, as categorized under Hellthc�re Conunon Procedure
Coding System (HCPCS) codes, and is compliant with appliclble federll billing and
reimbursement guidelines, includinb Medicare and Medicaid requirements, with fees subject to
periodic review to ensure compliance with re�ional standlyds 1nd feder�l reimb�u•sement
Ordinance No. 27977-09-2025 Page 1 of 29
guidelines and with billing and collections mana�ed in accordance with standardized policies
tlu•ough a third-party billing contractor, which policies are available upon request;
WHEREAS, the Fire De�artment will provide slandby fire and EMS services for events
upon request, and ic is recommended lo clarily and update the fees for such services in an effort
to recover the costs of providing them;
WHEREAS, in an effort to 1111�COV� transparency and facilitate locating the various
wlcodified fees, staff recommends adopting 1 single ordinance as part of the annual budget to
reflect changes to codified fees other lhan uti(ity rates for water and stormwater and changes to
non-codified fees and to ratify all previously established fees that will continue to be charged for
the comiizg fiscal year; and
WHEREAS, in connection with the adoption of the Fiscal Year 2026 budget, the City
Council deems it appropriate to adopt this instrument to amend certain non-utility fee schedules
in the City Code, to update the non-codified fee schedule as reflected herein, and to ratify all
previously enacted uncodified fees.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS THAT:
SECTION 1.
The following sections of the City Code of the City of Fort Worth are hereby amended in
accordance with the attached Exhibit "A" to reflect changes in certain fees and associated
language:
Chapter 12.5, Article VIII, Division 4, Section 12.5-841.1, "Residential Collection Fees";
Chapter 12.5, Article VIII, Division 4, Section 12.5-841.2, "Commercial Garba�,e
Collection Fees";
Chapter 12.5, Article VIII, Division 4, Section 12.5-843, "Environmental Protection
Fee"•
,
Chapter 12.5, Article VIII, Division 4, Section 12,5-844, "Non Ciry W1ste Landtill
Environmental I'ee";
Chapter 20, Article VII, Division 2, Section 20-271, "Applicltion; Fee; D�u�tion";
SCCT[ON 2.
With the exception of Water and Wastewater ulility r�Ues charged by the Water
Depariment and Municipal Draina�e utility r�tes ch�rged by the SCOflllW�lieP Division of the
Transporiation and Public Works DeparUnent, all lees 1'or the Aviation, Dev�lopnient Services,
Cnvironmental Services, Financial Manabement Services, Fire, P1rk anci Recre�►tion, Property
Management, Public Cvents, Transportation and Public Works, and Watec Deptirtments
beginning and effective October 1, 2025 shall be those previously �utharizecl by City Council
Ordinance No.27977-09-2025 P�►ge 2 of 29
action and are ratified and shall continue to be in effect by the adoption of this Ordinance, save
and e�cept those fees where a cliange is being implemented as detailed on Exhibit "B" to this
Ordinance, including changes to pre-existing fees and enact►Tient of new fees, and all such fees
and changes are hereby a�proved.
SECTION 3.
The A�-iation, Development Services, Environmental Services, Financial Management
Seivices, Fire, Park and Recreation, Property Management, Public Events, Transportation and
PuUlic Works, and Water Departments operate f'acilities and programs that compete with public
and private sector facilities for business and periodically need to make adjustments in response to
market demands and for promotional and educational purposes. Approval of this Ordinance
authorizes the Directors of the departments identified above (or their designees) to adjust or
waive fees in response to market demands, including, but not limited to, seasonal, weather-
related, and facility condition-driven factors; customer service resolutions; memberships;
advertising opportunities; special marketing promotions; and educational purposes. In addition,
to the extent any City-owned facility is managed or operated by a non-profit support group, the
Director of the departinent having responsibility for such facility may exercise the discretion to
adjust fees by acting in concert with such non-profit organization. The maximum amount of fees
will continue to be capped at those amounts previously approved by the City Council.
SECTION 4.
Approval of this Ordinance will also officially designate other personnel and departments
as acting on behalf of the Financial Management Services (FMS) Department in collectina fees
and issuing licenses, as applicable. The City Charter charges the City's Finance Deparnnent
"with the administration of the financial affairs of the city, including the keeping and supervision
of all accounts and the issuance of licenses and the collection of license fees." As the City has
grown over the years, responsibilities for issuing licenses and collecting fees became
decentralized, with various departments and personnel being assigned as reflected in the City's
revenue manual. In connection with the adoption of the Fiscal Year 2016 budget, the City
Council approved M&C G-18545 (September 15, 2015), which formally designated the assi;ned
personnel and departments to act on behalf of FMS in collecting fees and issuing licenses, ��here
applicable. Adoption of this Ordinance continues that designation through Fiscal Yeu 2026.
SECTION 5.
This Ordinance shall be cumulative of all provisions of ordinvtces �nd of the Code of the
City of Fori Worth, Texas (2015), as amended, except where the provisions oF this ordin!►nce are
in direct conflict with the provisions of such ordinances 1nd such Code, in which event
conflicting provisions of such ordinances and such Code �re hereby repe�led.
SECTION 6,
It is hereby declared to be the intention of the City Council that the sections, paragr�phs,
sentences, clauses and phrases of this Ordinance are sever�ble, and, if 1ny phrlse, ClilllS�,
Ordinance No. 27977-09-2025 Page 3 of 29
sentence, paragraph or section oi' this ordinance shall be declared unconstitutional by the valid
judgment or decree of any cotret of con�petent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 7.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any
and all �-iolations of any previously existing ordinances which have accrued at the time of the
effective date of this Ordinance, and, as to such accrued violations and all pending litigation,
both civil and criminal, whetl�er pending in court or not, under such ordinances, same shall not
be affected by this ordinance but may be prosecuted until final disposition by the courts.
SECTION 8.
This Ordinance shall take effect on October 1, 2025 and after publication as required by
law, if necessary.
ATTEST:
�ddc.a.. � ✓�i�-�+�`
��
By. U
Jannette S. Goodall, City Secretary
APPROVED AS TO FORM AND LEGALITY
By. % M l, /'I��'
Denis C. McElroy, Assistant City Attorney
ADOPTED: September 16, 2025
EFFECTIVE: October 1, 2025
44U'R��
4L ��
� �O°�OR�°o Qa�
���a o ��
� �o o��
Pvo gZ�
P o
P�� � o0 0000 *�
a°
a ��00000 a
a� nEod 4��A'
Ordinance No. 27977-09-2025 Page 4 of 29
l�S�`11��T�1��t1�� ' •i����`i��YI�C�IL �,� �
.
- - -_ -- — � ----- -- --- - �-- .-.
� - �. -
. .
Residential Fee
Residential Fee $2.25 $1.50 Increase $0.75
Commercial Fee
Commercial Fee $37.50 $30.00 Increase $7.50
Industrial Fee
Industrial Fee $117.50 $105.00 Increase $12.50
Non- Non-
Profit/Municipal Profit/Municipal
Fee $2.50 $2.25 Increase $0.25
— - — __...,.
�f�7 - � �
- -- -- . .
. .
Increase from 95
ECC Fee $125.00 $95.00 to $125 for ECC
Ordinance No. 27977-09-2025 Page 27 of 29
M&C Review
CITY COUNCIL AGENDA
Page 1 of 3
Official site of the City of Fort Worth, Texas
��RT��+QRTII
_��-
COUNCIL ACTION: Approved on 6/13/2017
Create New From This M&C
REFERENCE 23ENVIR COLLECTION
DATE: 6/13/2017 N�.: C-28276 LOG NAME: CENTER ILA FY2018
PARTICIPATING ENTITIES
CODE: C TYPE: NON- PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Execution of Interlocal Agreements with Various Municipalities and Other
Governmental Entities for Participation in the Environmental Collection Center Household
Hazardous Waste Program (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of Interlocal Agreements with various
local municipalities and other governmental entities for their participation in the Environmental
Collection Center Household Hazardous Waste Program.
I�7[+'i�i�I+'%-�[�]►�
The City's Environmental Collection Center is now in its 20th year of operation collecting household
hazardous waste from the residents of Fort Worth and surrounding communities on a year round
basis. In order for non-Fort Worth residents to participate at the center, each entity is required to
enter into an Interlocal Agreement with the City of Fort Worth.
The term for these Agreements will be for Fiscal Year 2018 (October 1, 2017 through September 30,
2018) with continuous one-year options to renew in future fiscal years. Renewal may be effected by
written notification by the City Manager or his designated representative to the participating entity
within 30 days of the expiration of the prior term and does not require specific City Council approval.
For Fiscal Year 2018, the rate per household for the period covered by these Agreements is $50.00
per household; this rate may be increased or decreased to meet program costs in future fiscal years.
It is anticipated that approximately $800,000.00 will be collected annually under these agreements.
During Fiscal Year 2017, over 50 entities signed participation Agreements with the City of Fort Worth.
For Fiscal Year 2018, it is expected that all of these entities will participate in this program.
The Agreement outlines the responsibilities of each party, establishes the rate for participation,
details procedures for loan of mobile collection unit, and delineates the usage of service marked
public education materials. The City of Fort Worth is responsible for the overall operation of the
Environmental Collection Center; including contracting with a hazardous waste disposal companies
for transportation and disposal of hazardous waste materials collected. The following entities may
execute an Agreement for continued participation in Fiscal Year 2018:
Alvarado
Arlington
Azle
Bedford
Benbrook
Burleson
Cedar Hill
Glenn Heights
Godley
Grand Prairie
Grapevine
Haltom City
Haslet
Hood County
http://apps.cfwnet.org/council�acket/mc review.asp?ID=24745&councildate=6/13/2017 9/8/2025
M&C Review
Cleburne
Colleyville
Crowley
Dalworthington Gardens
Decatur
Euless
Forest Hill
Fort Worth
Midlothian
North Richland Hills
Oak Leaf
Pantego
Parker County
Richland Hills
River Oaks
Roanoke
Saginaw
Sansom Park
Sherman
Southlake
Stephenville
Tarrant Regional Water District
(TRWD)
Trophy Club
H u rst
Johnson County
Joshua
Justin
Keller
Kennedale
Lake Worth
Lakeside
Unincorporated Tarrant County
Upper Trinity Regional Water
District
Watauga
Waxahachie
Weatherford
Westlake
Westover Hills
Westworth Village
White Settlement
Page 2 of 3
This contract will be with a governmental entity, state agency or public institution of higher education:
(see list above).
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that the Code Compliance Department is responsible for collection
and deposit of the funds due to the City.
TO
CFund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for Citv Manaqer's Office bv:
Oriqinatinq Department Head:
Additional Information Contact:
Fernando Costa (6122)
Brandon Bennett (6322)
Cody Whbittenburg (5455)
Robert Smouse (5153)
ATTACHMENTS
http://apps.cfwnet.org/council�acket/mc review.asp?ID=24745&councildate=6/13/2017 9/8/2025
M&C Review
Page 3 of 3
http://apps.cfwnet.org/council�acket/mc review.asp?ID=24745&councildate=6/13/2017 9/8/2025