Loading...
HomeMy WebLinkAboutContract 49741-A2CSC No. 49741-A2 SECOND AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO. 49741 AN INTERLOCAL AGREEMENT BETWEEN CITY OF FORT WORTH AND CITY OF HALTOM CITY FOR PARTICIPATION I N THE CITY OF FORT WORTH'S ENVIRONMENTAL COLLECTION CENTER HOUSEHOLD HAZARDOUS WASTE PROGRAM This Second Amendment to Fort Worth City Secretary Contract No. 49741 ("Second Amendment") is made between the City of Fort Worth ("Fort Worth"), a municipal corporation, and City of Haltom City, ("Participating City") and located in TARRANT COUNTY, TEXAS acting herein by and through Rex Phelps, its duly authorized City Manager. WHEREAS, on October 3, 2017, Fort Worth and Participating City entered into an Interlocal Agreement identifiedas Fort Worth City Secretary ContractNo. 49741 (the "Agreement") forparticipation in the Fort Worth Environmental Collection Center's ("ECC") Household Hazardous Waste Program; and WHEREAS, on August 28, 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 �a125.00; 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 NOW THEREFORE, known by all these present, Fort Worth and Pariicipating City, acting herein by the through their duly authorized representatives, agree to the following terms, which amend the Agreement as follows. :u ►� 1. Section 10 "Compensation", Paragraph A of the Agreement is hereby deleted in its entirety and restated as follows: Amendment to CSC 49741 Page 1 of 3 An Interlocal Agreement Between The City of Fort Worth and The City of Haltom City OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Participating City agrees to pay Fort Worth the sum of $125.00 per household per visit to the ECC (or per participating household in a Mobile Collection Event) to dispose of household hazardous waste. 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 number 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 household 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 terms of the Agreement. II. ALL.QTHESTEBM��iALir.BE�iOt�.T�iE.�.AmE All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. III. ELE�TRQIYlc ��SiTll�3E This Amendment may be executed in multiple counterparts, each of which shall be an original 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 treated as and shall have the same effect as an original. (Signature Page Followsf Amendment to CSC 49741 Page 2 of 3 An Interlocal Agreement Between The City of Fort Worth and The City of Haltom City ACCEPTED AND AGREED: CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: , J,,..11 {) A By signing I acknowledge that I am the person __ ...:V..;;t(.{Y.::w::12,,,;,i,,,..;._"-_·�;..._-.u. .11(.....;.. 1.., _____ ---1 responsible for the monitoring and administration By: VaJerie Washington (Oct 7, 2025 11:29:41 CDT) of this contract, including ensuring all Name: Valerie Washington performance and reporting requirements. Title: Assistant City Manager Date: 10/07/2025 APPROVAL RECOMMENDED: By: Name: James Keezell Title: Assistant Environmental Services Director ATTEST: By: Vendor: Name: Jannette S Goodall Title: City Secretary Cityo& By: ---�Name: Rex Phelps Title: City Manager Date: Amendment to CSC 49741 An [nterlocal Agreement Between The Fort Worth and The City of Haltom City By: Name: Rex Johnson Title: Environmental Services Supervisor APPROVED AS TO FORM AND LEGALITY: By: M. Kevln Anders, II M. Kevin Anders, II (Oct 7, 202511:20:26 CDT) Name: M. Kevin Anders, II Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: C-28276 6-13-2017 1295: NIA Page 3 of3 ORDINANCE NO. 27477-09-2025 AN ORDINANCE AMENDING IDENTIFIED PROVISIONS OF THE CODE OF THE 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 functians are pravided on a fee-f�r-service basis, with such fees designed ta recover same ar ali of the casts incu�red by the City to pra��ide su�h services; WFiEREAS, adoption and re►r[si�n �f tne uti�ity tates for water and wast��vater and £or municipa� drainage (stormwater} are subject #a specific pracesses and are tt�erefore handled by separate action in order io ensure campliat��e with thase utility-rate-setting pr�cesses, but cerlain other nan-race miscel�aneous fees are simpiy set by Council; WHEREAS, in limited instances the fees for other non-utility City services are reflected in codified ordinances that can be found in the Code of the City of Fort Worth (2015), 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 Depariment 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 the immediately coming year; WHEREAS, with the City having assumed responsibility for providing emergency medical services (EMS) within Fort Worth and certain other neighboring cities, there is a need to enact certain EMS-related fees, which are generally being set to mirror the amounts most- recently charged by the prior EMS provider (Medstar); WHEREAS, EMS fees within the schedule noted with an asterisk (*) reflect rates for ambu�an�e transpart and related ser�ic�s, as categari�ed under H�althcaxe Cannznon Pracedure Coding Systerrz �HCPCS) coctes, and is can�p�iant �vi�h �ppli�able .federa] billing and reimbursement guidelines, including Medicare and Medicaid requirements, with fees subject to periodic review to ensure compliance with regional standards and federal reimbursement Ordinance No. 27977-09-2025 Page 1 of 29 guidelines and with billing and collections managed in accordance with standardized policies through a third-party billing contractor, which policies are available upon request; WHEREAS, the Fire Department will provide standby fire and EMS services for events upon request, and it is recommended to clarify and update the fees for such services in an effort to recover the costs of providing them; WHEREAS, in an effort to irtlprove transparency and facilitate locating the �arious uncodifier� fees, staff recammends adopting a single ardin�nee as part of the annual budget to reflect changes to codified fees other than utility rates for water and stormwater and changes �a non-codified fees and to ratify all previously estat�lish�d fees that will cantinue to be char�ed for the coming fiscal year; and WHEREAS, in connectian with the ada�tion of the Fiscal Year 2026 budget, the City Council deems it appropriate to adopt this instrument �a amend certain nan-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 �'a]lawing sectians of the City Code of the Csry of Fort Worth are hereby asn�nded in aecordance wit� the at�ached Exhibit "A" to reflect changes in certain fees �nd 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 Garbage 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 City Waste Landfill Environmental Fee"; Chapter 20, Article VII, Division 2, Section 20-271, "Application; Fee; Duration"; SECTION 2. With the exception of Water and Wastewater utility rates charged by the Water Department and Municipal Drainage utility rates charged by the Stormwater ❑i�ision of the Transportation and Public Works Department, all fees for the Aviation, L�evela�ment Services, Environmental Services, Financial Management Services, Fire, Park and Recreation, Property Management, Public Events, Transportatian and Public Works, and Water Deparhnents beginning and effective October 1, 2025 shall be those previously authorized by City Council Ordinance No.27977-09-2025 Page 2 of 29 action and are ratified and shall continue to be in effect by the adoption of this Ordinance, save and except those fees where a change is being implemented as detailed on E�ibit "B" to this Ordinance, including changes to pre-existing fees and enactment of new fees, and all such fees and changes are hereby approved. SECTION 3. The Aviation, Development Services, Environmental Services, Financial Management Services, Fire, Park and Recreation, Property Management, Public Events, Transportation and Public Works, and Water Departments operate facilities 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 lirnited 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 department having responsibility for such facility may exercise the discretion to adjust fees by acting in concert with such nan-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 collecting fees and issuing licenses, as applicable. The City Charter charges the City's Finance Department "with the administration of the financial affairs af 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 assigned personnel and departments to act on behalf of FMS in collecting fees and issuing licenses, where applicable. Adoption of this Ordinance continues that designation through Fiscal Year 2026. SECTION 5. This Ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (2015), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 6. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and, if any phrase, clause, Ordinance No. 27977-09-2025 Page 3 of 29 sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdietion, such un�ansCitutionaiity shall noi affect any of the remaining phrases, clauses, s�ntences, paragraphs and seciaans of this ordinance, since the same would have been enacted by the City Cguncii withaut the incorporation in this ordinance of any such unconstitutianal phrase, clause, senten�e, paragraph or section. SECTION 7. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of any previously existing ordinances which have acerued at the time of the effective date of this Ordinance, and, as ta such accrued violations and all pending litigation, both civil and criminal, whether 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: �.�.�.�. ,� .� By: " Jannette 5. Goodall, City Secretary APPROVED AS TO FORM AND LEGALITY By: . �, i. Denis C. McElroy, Assistant City Attorney ADOPTED: September 16, 2025 EFFECTIVE: October 1, 2025 7 ��oFpRT��� o � ►� ° ���¢ 0 vo o'=d � o° pd p a� � � o ofl� *d �A p�d006a_ � Ordinance No. 27977-09-2025 Page 4 of 29 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 �ORT�'4'ORTII -�� 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