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HomeMy WebLinkAboutContract 49681-A2CSC No. 49681-A2 SECOND AMENDME T TO FORT WORTH CITY SECRET ARY CONTRACT� 0. 49681 _.,. AN INTERLOCAL AGREEMENT BETWEEN CITY OF""l'ORT WOOTH AND HOOD COUNTY FORPARTICIPATIO IN ;.,; .:::THE CITY OF FORT WORTH'S ENVffiONMENTAL COLLECTIQN CENTER - HOUSEHOLD HAZARDOUS WASTE PROGRAM .... . --. :. - Thi Second Amendment to Fort Worth City Secretary Contract-N-o;-6 'I-("Second Amendment") is made between the City of Fort Worth ("Fort Worth"), a municipal corporation, and Hood County, ("Parti�ipati�g City") and located in HOOD COUNT't; TEXAS�cting herein by and through rJ?on, M«:s:>u'!�Lll ], its duly authorized r tt� U>u.n+y dudBe-]. WHEREAS, on September 21, 2017, Fort Worth and Participating City entered into an lnterlocal Agreement identified as Fort Worth City Secretary Contract No. 49681 (the" Agreement") for participation in the Fo11 Worth Environmental Collection Center's ("ECC") Household Hazardous Waste Program; and WHEREAS, on September 19, 2023, Fort Worth and Participating City amended the Agreement ("Frist Amendment") to an increase in the co t 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 Fir t Amendment, Fort Worth desires to increase the cost that each participating City pays per visit to the Environmental Collection Center or per participating hou ehold in a Mobile Collection Event; and WHEREAS, on September 16 2025, pursuant to M&C 25-5442 Ordinance 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, on September 16, 2025, pursuant to City of Fort Wo11h Ordinance No. 279977, the Fort Worth City Council authorized the increase of the cost per household vi it 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 desi re to amend the Agreement to increase in the cost per household visit to the ECC or per participating hou ehold in a Mobile Collection Event to match the cost authorized by the Ordinance; and WHEREAS, Fort Worth and Participating City de ire to amend the Agreement to clarify the termination and amendment provisions in the Agreement; and OW THEREFORE, known by all these present, Fort Worth and Participating City acting herein by the through their duly authorized repre entatives, agree to the following terms, which amend the Agreement as follows. I. AMENDMENT I.Section 10 "Compensation", Paragraph A of the Agreement is hereby deleted in its entirety and restated as follows: Amendment to CSC 49681 Ao Interlocal Agreement Between Fort Worth and Bood County Page I of3 Participating City agrees ta pay Fort Worth the sum of $125.OQ per household per visit to the ECC (or per participating household in a Mobile Coliectian Event) to dispose of household hazardous waste. If a Participating City resident presents waste that was collected frorn mu�tiple households, F'ort Worth reserves the right to charge the Partic�pating 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 househoEd in a Mobile Collection Event} by pro�iding Farticipating 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 terminateci in accordance with the terms of the Agreement. 1 . ; 'u .s : u: ► . -u All other provisions of the Agreement which are not expressly amended herein shall remain in full farce and effect. � 1 ► ►: : This Amendment may be executed in multiple counterparts, each of which shall be an original and aEi of which shall constitute one and the same instrument. A facsimile copy or computer irr►age, such as a PDF or tiff image, or a signature, shall be treated as and sha�� have the same effect as an original. /Signature Page FollowsJ Amendment to CSC 49681 Page 2 of 3 An Interlocal Agreement Between Fort Worth and Hood County ACCEPTED AND AGREED: CITY OF FORT WORTH: By: Date: VaJerie Washington (Oct 21, 2025 09:51:25 CDT) Name: Valerie Washington Title: Assistant City Manager APPROVAL RECOMMENDED: By: Name: James Keezell Title: Assistant Environmental Services Director ATTEST: By: Vendor: Name: Jannette S Goodall Title: City Secretary Hood County By: Na Tit .c,, Date: I 1> -/4 , aoa� Amendment to CSC 49681 An lnterlocal Agreement Between Fort Worth and Hood County CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Name: Rex Johnson Title: Environmental Services Supervisor APPROVED AS TO FORM AND LEGALITY: By: M.Kevin,, AnJe-r� II M. Kevin Anders, II {Oct 21, 2025 09:00:37 CDT) Name: M. Kevin Anders, II Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: C-28276 6-13-2017 1295: NIA Page J of J ORDINANCE NO. 2'�977-09-2025 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 SECTI4NS; ADDING NEW FEES AND CHANGING CERTAIN FEES AND RATIFYING AND CUNTINUING PREVIOUSLY ESTABLISHED UNCODIFIED FEES; ALLOWING F�R CHANGES IN CERTAIN FEES DUE TO MARKET CONDITIONS; DESIGNATING OTHER DEPARTMENTS ACTING 01�i 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 pro�ided on a fee-far-ser�rice basis, vvith such fees designed to recover some or all of the costs incurred by the City to provide such services; WHEREAS, adaption and revision of the utility rates for water and wastewater and for municipal drainage (stormv�rater) are subsect to specific processes and are therefore ha,ndled by separate action in order to ensure compliance with those utility-rate-setting processes, but certain other non-rate miscellaneous fees are sirnply set by Cauncil; WHEREAS, in limited instances the fees for ather 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 simpiy refers to fees being set by City Council, which action may not take the form af an ordinance; WHEREAS, #he 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 the immediately coming year; WHEREAS, with the City having assumed respansibility 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 aste�isk (*) reflect rates for ambulance transpart and related services, as categorized under Healthcare Common Procedure Coding System {HCPC5} codes, and is compliant with applicable federal biliing and reimbursement guidelines, including Medicare and Medicaid requirements, with fees subjec# to periodic review to ensure campliance vvith 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 palicies are available upon ret�uest; WHEREAS, the Fire Deparrment will provide standby fire and EMS services for events upon request, and it is recommended ta clarify and update the fees for such services in an effort to recover the costs of providing them; WHEREAS, in an effort to improve transparency and facilitate locating the various uncodified fees, staff recommends adopting a single ordinance as part of the annua� budget to reflect changes to codified fees other than utility 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 coming fiscal year; and VVHEREAS, in connection with the adoption of the Fiscal Year 2026 budget, the City Council deems it appropriate to adopt this instrument to amend certa.in nan-utiiity 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 QF 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, "Comrnercial Ga.rbage Coilection Fees"; Chapter 12.5, Article VIII, Division 4, Sectioa 12.5-843, "Environmental Protection Fee"• � Chapter 12.5, Articie VIII, Division 4, Sectian i2.5-844, "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 urility rates chatged by the Water Departrnent and Municipal Drainage utility rates charged by the Starmwater Divisian of the Transportatian and Public Warks Department, all fees for the Aviation, Development Services, Environtnental Services, Financiai Management Services, Fire, Pazk and Recreation, Property Management, Public Events, Transportation and Public Works, and Water Departments beginning and effective October 1, 2025 shall be those previously authorized by City Council Ordinance No.27977-09-2425 Page 2 of 29 action and are ratified and shall continue to be in efFect by ttie acioption af khis Ordinance, save and except those fees where a change is being implemented as detailed on Exhibit "B" to this Ordinance, including changes ta pre-existing fees and enactment of new fees, and all such fees and changes are hereby approved. SECTION 3. The Aviatioa, Development Services, Environmental �ervices, Financial Management Services, Fire, Park and Recreation, Property Management, Public Events, Transportatian and Public Works, and Water Departments aperate facilities and programs that compete with public and private sector facilities far business and periodically need to maice adjustments in response to market demands and for promotional and educational purposes. Appraval of this Ordinance authorizes tt►e Directors of the departments identified abave (or their designees) to adjust or waive fees in response to market demands, including, hut not limited to, seasonal, weather- related, and facility condition-driven factars; customer service resolutions; memberships; advertising oppot�tunities; special rnarketing 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 respansibility for such facility may exercise the discretion. to adjust fees by acting in concert with such non-profit organization. The maximum amount of fees wii� cantinue 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 departtnents as acting on t�ehalf of the Financial Management Services (FM5} Department in collecting fees and isstung licenses, as applicable. The City Charter charges the City's Finance Department "with the administration of the fmancial 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 d�partrnents and personnel being assigned as reflected in the City's revenue manual. In connection with the adoption of the Fiscal Year 20�6 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 iicenses, where applicable. Adoption of this Ordinance continues that designation through Fiscal Year 2026. SECTION 5. This Ordinance shall be curnulative 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 Cade, in which event conflicting provisions of such ordinances and such Code are here�y 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-D9-2025 Page 3 of 29 sentence, paragraph or section of this ordinance shall be declared unconstitutional by the �alid judgrnent or decree of any court of competent jurisdiction, such uncanstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sectians of this ordirjance, 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 Warth, Texas, are expressly saved as to any and all violatians of any �reviously e�sting 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, whether pending in court or not, under such ordinances, same shali not be affected by tivs ordinance but may be prosecuted until final disposition by ttie courts. SECT14N 8. This Ordinance shall talce effect on October 1, 2025 and after publication as required by law, if necessary. ATTEST: By. � l� ...�-� Jannette S. Goodall, City Secretary APPROVED A5 TO FORM AND LEGALITY ' � By: '% ��� � �� � Denis C. McEiroy, Assistant City Attorney ADOPTED: September 16, 2025 EFFECTIVE: October 1, 2025 Ordinance No. 27977-09-2025 Page 4 of 29 Ordinance No. 27977-Q9-2025 Page 27 of 29 CITI( COUNCIL AGENDA O�ciaf site af the Cty e: �.�--� �,,, ;�,:-;� FOR`f ��'ORTII -�'�'�- COUNCIL ACTION: Appro�ed on 6/13/2017 DATE; 6I1312a17 REF�RENCE G28276 LOG NO.: NAME: CODE: C Typ�: NON- PUBLIC CONSENT HEARING; 23ENVIR COL�.ECTION CENTER ILA FY2016 PARTICIPATING ENTITIES NO SUBJECT: Authorize Execution of Interlocal Agreements with Various Municipalitiss and Ot�er Governmental Entities for Participation in the Environmental Coiiection Center Household Hazardous Waste Program {ALL COUNCIL DISTRlCTS) RECOMMENDATION: It is recommended that the City Cauncil authorize the execution of knterlacal Agreements with �arious local mur�icipalities and other go�emmental entities for their partictpatian in tfie Enviranm�ntal Collection Center Household Hazardous Waste Program. DISCUSS ON: The City's �nvironn-Eental Cnliection Center is now in its 20th year of operation collecting househo�d hazardous waste from the residents of Fort Wo�th and surrounding communities on a ysar round basis. In order far non-Fort Worth residents to participate at the center, each er�tity is requireci to enter into an Interlocal Agreement w9th the C�ty of Fort Worth. The te�rn for khese Agreements will be for F�scal Year 2a9 8(October 1, 2017 through Septem�er 30, 2018) with cantinuous one-year optians to renew in future fiscal years. Renewal may be effected by written notification by the City Manager or his ciesignated representati�e to the participa#ing entity wikhin 30 days of the expiration of the prior term and does not require specific City Council appro�al. For Fiscal Year 2018, the rate per housEhold for the peridd covered by these Agreements is $50.00 per household; thEs rate may be increased or decreased ta meet prograrn costs in future fiscal years. It is anticipated that approximately �800,000.00 will be coliected annualiy under these agreements. Durjng Fiscal Year 2017, over 50 entities sign�d participatio� Agreements with the City of Fort Worth. �ar Fiscal Year 2018, it is expected that al( of these entities wi11 participate in ti�is prograrn. The AgreEment outlines the responsibilities af each party, establishes the rate for participatian, details procedures for loan of mobile collectiar� unit, and deiineates the usage of service marked public education materiais. The Caty of Fart Worth is respansible for the o�erall operation of the Environmenta! Collection Cente�; including contracting with a haxardous waste disposal campanies for transpQrtation and disposal of hazardous waste ma#e�rals caflected. The following ent+ties may execute an Agreement for continued participatian in Fiscal Year 201 S: Alvarado Arlington Azle Bedford Benbrook Bur4eson Cedar Hi1i ��ebu�ne G�enn Heights Godley Grand Prairie Grapevir�e Haltom Cify Haslet Hood County Hurst Colleyville Crowley Dalworthington Gardens Decatur Euiess Forest Hili Fort Worth Midlothian North Richiand Hills Oak Leaf Pantego Parker County Richland Hills Ri�er 4aks Roanoke Saginaw Sansom Pa�k Sherman Southlake Stephenville Tarrant Regional Water District (TRWD) Trophy Club Johnson County Joshua J ustin Keller Kennedale Lake Worth Lakeside Unincorporated Tarrant County Upper Trinity Regional Water District Watauga Waxahachie Weatherford Westlake Westover Hil1s Westworth Village White Settlement This contract wil! be with a go�ernrnental entity, state agency or public institution of higher education: (see list abo�e). FISCA�.IN�ORMATIONlCE TIFI ATION: The Director of Finance certifies that the Code Compliance Department is responsiE�le for callection and deposit of the funds due to the City. Fund Qepartment Account Proj� �p ID Fund Department Account ProjE ID __ ID Submi d f r Cit Mana er's Office b: Oriainating Deaartment Head: Additional Information on act: Program � Activity Program Budget Reference # Amo�nt Year Chartfield 2 Budget Reference # Amount Year {Charlfield 2 Fernando Costa (6122) Brandon Bennett �6322) Cody Whbittenburg (5455} Robert Smouse (5153}