Loading...
HomeMy WebLinkAbout049686-A2 - General - Contract - City of Richland HillsCSC No. 49686-A2 SECOND AMENDMENT TO FORT WORTH CITY SECRET ARY CONTRACT NO. 49686 AN INTERLOCAL AGREEMENT BETWEEN CITY OF FORT WORTH AND CITY OF RICHLAND HILLS FOR PARTICIPATION IN THE CITY OF FORT WORTH'S ENVIRONMENT AL COLLECTION CENTER HOUSEHOLD HAZARDOUS WASTE PROGRAM This Second Amendment to Fort Worth City Secretary Contract No. 49686 ("Second Amendment") is made between the City of Fort Worth ("Fort Worth"), a municipal corporation, and City of Richland Hills, ("Participating City") and located in TARRANT COUNTY, TEXAS acting herein by and through Candice Edmondson, its duly authorized City Manager. WHEREAS, on September 21, 2017, Fort Worth and Participating City entered into an lnterlocal Agreement identified as Fort Worth City Secretary Contract No. 49686 (the "Agreement") for participation in the Fort Worth Environmental Collection Center's ("ECC") Household Hazardous Waste Program; and WHEREAS, on September 11, 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 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, Fort Worth and Participating City agree to amend the Agreement to an 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 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 10 "Compensation", Paragraph A of the Agreement is hereby deleted in its entirety and restated as follows: Amendment to CSC 49686 An lnterlocal Agreement Between Fort Worth and City of Richland Hills Page 1 of 3 Participating City agrees to pay Fort Worth the sum of $125.00 per household per visit to the ECC (or per participating hqusehold in a Mobile Collection Event} to dispose of householcf hazardaus waste. lf a Participating City resident presents waste that was collected f�om mu[tiple households, Fort Wortl� reserves the ri�l�t to charge tffe Participating City based on the total number of households from w�ich the waste originated. Fort Worth may. at its option, amend this Agree�nent to adjust the cost per household visit to the ECC {or per participating househpld 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 �isit charge, subject to the Participatir�g City's conse�t. lf Participating Cit�- dqes not consent to the adjustment, then this Agreement may be terminated in accordance with the terms of the Agreem�nt. I1. By entering inco this Amendment, Participating City agrees that, i�i addition to the $95.OU per househo[d per v�sit to the ECC (or per participating household in a Mobile Collection Event) tiee owed ta the City for visits and events between October 1, 2025 and the effecti�e date of t�is Agree��aent pursuant to the terms of tfle 49b$6-A2, it shal! pay tl�e City an adciitinnal $30.00 per household per visit to the ECC (or per participating i�ausehold in a Mobile Coilection Event) incurred between October 1, 2025 and the effective date ofthis Agreement. � . : :1/_ � : 1/. s � 1/ All other provisio�s of the Agreement which are not expressly amended �erein sl�all remain in full force and effect. a :1� �: �: This Amendment may be eYecuted in multiple counterparts, �ach of which s�all be an origir�al and all af whic� shall corsstitute 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 ef#ect as an original. �Sigrruture Pu�e Foll�wsj Amendment to CSC 49686 Page Z of 3 An Cnterlocal Agreerrtent Between Fort Worth and City of Richland Hills ACCEPTED AND AGREED: CITY OF FORT WORTH: By: Date: Valerie Washington (Oct 29, 202514:13:53 CDT) Name: Valerie Washington Title: Assistant City Manager 10/29/2025 APPROVAL RECOMMENDED: By: Name: James Keezell Title: Assistant Environmental Services Director ATTEST: By: Vendor: Name: Jannette S Goodall Title: City Secretary OlyofRic� By: CL� Date: Name: Candice Edmondson Title: City Manager Amendment to CSC 49686 An lnterlocal Agreement Between Fort Worth and City of Richland Hills 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.KWt-fv AIWer�, II M. Kevin Anders II (Oct 29 2025 08:37:57 COT) Name: M. Kevin Anders, IT Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: C-28276 6-13-2017 1295: /A Page 3 of3 M&C Review Page 1 of 3 Utfin�f sit�d or lhe City;?P Fort 6"��o±it:, ��x:�S CITY �OUNC�L AGENDA FURT��'4'f)R.T_I[ � COUNCIL ACTION: Approved on 611312fl17 _..---- -- - -......_ . _ � Create New From This MB�C REFERENCE 23ENVIR COLLECTION DAT�: 6/13/2017 �� : C-28276 LOG NAME: CENTER ILA FY2018 PARTICIPATING ENTETIES CODE: C TYpE: �10N- PUBLIC �0 COlVSENT HEARING: SIJBJEC'�: Autharize Execution of Interlocal Agreements with Various Municipaiities and Other Governmental Entities for Participation in the En�ironrr�ental Collection Center Household Fiazardous Waste Program (A�L COUNCIL DISTRICTS} R�COMMENDATION: It is recommended that t�e City Council authorize tne execution of Interlacal Agreements with various local municipalities and other go�ernmental entities for their participation in the Environmental Collection Center Household Hazardous Waste Program. DISCI]SSION: The City's En�ironmental Collection Center is now in its 20th year of operation collecting household hazardous waste firom the residents of Fort Worth and surrounding comrr�unities oR a year round basis. in order for non-�ort Worth residents to participate at the center, each entity is required to enter in#o an Interlocal Agreement with the City nf Fort Worth. The term for these Agreements wili be for Fiscal Year 2018 (October 1, 2017 through September 30, 2Q18} with continuous one-year options to renew in future fiscal years. Renewai may be �ffected by written notification by the City Manager or his designated representati�e to the participating entity within 3a days af the expiration af the prior term ar�� does not require specific City Cauncil appro�al. For Fiscal Year 2018, the rate per househald for the periad co�ered by these Agreements is $50.00 per household; this rate may be increased or decreased to meet program costs in future fiscal years. ft is anticipated that approximately $800,Od0.00 will be callected annually under these agreements. Qurir►g FiscaE Year 2017, over 5� entities signed participation Agreements with the City of �ort Warth. For Fiscal Year 2018, it is expected #hat all of these �ntities will participate in this program. The Agreement outlines the responsibilities of each party, es#ablishes the rate for participation, details pracedures for loan of mobile collection uni#, and delineates the usage of service marked public education materials. The City of Fort Worth is responsible for the overall operation of the En�iranmenta! Co[lection Center; including contracting with a hazardous wasie disposal companies for transpor#ation and disposal of hazardous waste materials collected. The following entities may execute an Agreement for continued participatian in Fiscal Year 2018: Al�ara�o Glenn Heights Arlington Godley Azle Grand Prairie Bedford Grapevir�e Benbrook Haltom City Burleson Haslet C�dar Hill Hood Coun#y http:/lapps.cfwnet.org/councilJaacketlmc_review.asp?ID=24745&councildate-6/13120I7 918/2025 M&C Review Cleburne Colleyville Crowley Dalworthington Gardens Decatur Euless Forest Hill Fort Worth Midlothian North Richland Hills Oak I�eaf Pantego Parker County Richland Hills River Oaks Raanoke Saginaw Sansorr� Park Sherman Southlake 5tephenville Tarrant Regianai Water District (TRWD) Trophy Club Hurst Johnsar� County Joshua Justin Keller Kennedale Lake Worth Lakeside Unincorporated Tarrant County Upper Trinity Regional Water District Watauga Waxahachie Weatherford Westlake Westover Hills Westwar#h Viflage White Settlement Page 2 of 3 This contract will be with a go�ernmenial entity, state agency or pubiic institution of higher education: (see list abave). FISCAL INFORMATIONICERTIFICATION: The Director of Finance certifies that tha Code Compliance Department is responsible for collection and deposit of the funds due to the City. TO — _ .. . . . _. _ _ ..__._ _..._.. ------- _......._ .. _ _ _ Fund , Department i, Account Project Program ' Acti�ity � Budget Reference # Amount � � ID �! i ---ID _--- ' Year , _IChartfield 2)-- - - FROM -- --__-___ ._ . _ .. - -- . f Fund I Department '�, Account � Project Program Activity i Budget � Reference # � Amount r-- - _ .._.��_�....___1 _ ; I_D_----. __...__._.---�---.----.�..__Year I _ Chartfield 2 � � __.._..__ )..._.'_.�.. .._.__ _� Submitted for Citv Manaqer's Office bv: Fernando Costa {&122) OriA�natinA Department Head: Additiona� Informatian Contact: Brandon Bennett (6322} Cody Whbittenburg {5455) Robert Smouse (5153) ATTACHNfEN7S http:/lapps.efwnetorg/council�acket/mc_review.asp?ID=24745&councildate-6/1312017 9/8/2025 ORllINANC� NO. 27977-09-2Q25 AN ORDINANCE AMENDING IDENTIFIED PROVISjONS OF THE CODE OF TH� CITY OF FORT W�RTH {2015), AS AME�iDED, TO REFLECT CHANGES IN THE FEES STATED IN THOSE CUDE S�CTIONS; ADDINC NEW FEES AND CHANGING CERTAIN FEES AND RATIFYING AND CONTINUING PREVIOUSLY ESTABLiSHED UNCODIFIED FEES; ALLOWING FOR CHANG�S IN CERTAIN FCES DUE TO MARKET CONDITIONS; DESIGNATING OTHER DEPARTMENTS ACTING ON BEHALF OF THE FINANCIAL MANAGEMENT SERVICES DEPARTMENT; PROVIDING THAT THIS �RDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVEFtABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, certain City hinctians are �rovided on a fee-for-service basis. with such fees designed to recover some or all of the costs incurred by the City to provide sucil services; WHEREAS, adoption and revisian of che utiliry rates far water and ��astewater and far rnunicipal drainage (stormwater) are subject ta speci�c pracesses 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 are retlected in codified ordinances that can be tc�und in the Code of the City af Fort Worth (2Q1S), as amended; WHEREAS, for a number of otfier fee-based services. the City Code simply refers to fees being set by City Council, wllich action may not take the Form nf an ordinance; WEIEREAS, the operations of tk�e City's Public Events Department ic�volve booking business for conventions and other �atherings at the Fort Worth Convention Center ►�lonths 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 res�onsibility for providing emergency medical services (EMS) within Fort Worth and certain �ther neighboring cities, there is a need to enact certain EMS-related fees, which are �enerally being set to mirror the amounts rnost- recently char�ed by the prior EMS pravider (Medstar}; WHEREAS, EMS fees ��vithin the schedule noted with an asterisk (*) re#�lect rates for ambu[ance transport and related services, as categorized under H�altE�care Cominon Proc�dure Coding System (HCPCS) codes, and is compliant ��itl� applicaE�le federal billing and reiznburse�nent guidelines, includin�; Medicare anci Medicaid requirements, with f'ees subject to periodic revie��v to ensure compliance v�it11 regiona] standards and federal reimbursement Qrdina�ice No. 27977-09-2025 Pa�e l of 29 guidelines and with billing and coliections managed in accordance with standardized polici�s through a third-party billing contractor, wk�ich policies are available upon rec�uest; WEIEREAS, the �'ire Departrnent will provide standby fire and EMS services for events upon request, and it is recommended to clarify and update the fees far such services in an effort to reco�er the costs of providir�g them: WHEREAS, in an effort to impro�e transparency and facilitate locating the various uncodified fees, staff r�cammends adopting a sin�;le ardinance as pa�t of the annua! budget to re#lect changes to codified fees other than utiliry rates for water and stormwater and changes ta non-coclit�ed fees and to ratify ali previously estab[ished fees that will cantinue to be char�ed far the coming fiscal year; and WHEREAS, in conneetion with the adoption af the Fiscal Year 2026 budget, the City Cauncil deems it appropriate to adopt this instrument to ar►aend certain non-utilitr� fee schedules in the City Code. ta update the non-coditied fee schedule as ret�Iected herein, and to ratify all previausly enact�d uncodit3ed #'ees. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL QF THE CITY OF FORT WORTH, TEXAS THAT: SECTION I. The folIowing sections of the City Code of the City of Fort Warth are h�r�by amended in accordance with the attached Exhibit "A" ta re#lect chan�es in certain fees and associated language: Cl�apter i 2.5, Article Vlll, Divisian 4, Section 12S-S� 1.1, "Residential Collection fiees"'; Chapter 12.5, Article VIII, Divisian 4, Sectian I�.5-84],2, "Comznercial Garba�e Colfectian Fees"'; Chapter 12.�, Article VII�, Division 4, Section I2.�-843, "Environmental Protection ��ee": Chapter 12.5, Article VIIi, Division 4, Section 12.5-844, "Non Cin� Waste Landfill Environmental Fee"; Chapter 20, Article VII, Division 2, Section 2U-271, "Application; Fee; Diisation"; SECTION 2. With the exceptian of Water and Wastewater utility rates charg�d by the Water Department and Municipal Drainage utility rates charged by� t�e Storm��°ater Division of the Transportation and Pubjic V4'orks Department, all fees for the Aviation, Develapment Services, Environrnental Services. Financiai Mana�ement Services. Fire. Park and Recreatio:n, Property Manageinent, P�ablic E�ents, Transportatian and Public Works, and Water Departments be�;inning and effective October 1, 2025 shaal be those previously authorized by City Cauncil Ordinance No27477-U9-2025 Page 2 of 39 action and are ratitied and shall continue to be in effect by the adoption of this Ordinance, save and except those fees where a change is bein� implemented as detaiied on Exhibit "B" to this Ordinance, includin� changes to pre-existing fees and enactment of new fees, and atl such fees and changes are hereby approved. SECTION 3. The Aviation. Development Services, Environmental Serr��ices. Financial Management Services. Fire, Park and Recreation, Pra�erty Management, Public Events, Transportation and Public Works, and Water Departments operate facilities and programs that cornpeie with public and private sector facilities for business and periodically need to make adjustments in response to market demands and for promotianal and educational purposes. Approval of this 4rdinance authorizes the Directors of the departments identitied abave (or their designees) ta adjust or waive fees in response tfl �narket demands, inciudin�, but not limited to, seasanal, weather- related, and facility condition-driven factors: customer service resolutions: memberships; advertising opportunities; special marketing promotions: and educational purposes. In addition, ta the extent any City-owned faciliry is managed ar operaced by a non-profit support group, the Director of the department having responsibiiity for such facility may exercise the discretion to adjust fees by actin� in concert with such non-profit or�anization. The inaximum amount of fees will contin.ue to be capped at those amounts previously approved by the City Council. SECTION 4. A�proval of this Ordinance will also officially designate other personnel a��d departments as acting aa� behalf af the Financial Managemeni Seivices (FMS) Departinent in collecting fees and issuing licenses, as appiicable. The City Charter charges the City's Finance Departrnent "with the administration of the financial affairs af the city, includin� the keeping and supervision of a[1 accounts and the issuance of licenses and the collection of license fees." AS the City has grown aver the years, responsibilities for issuing licenses and callecting fees beca�ie decentraiized, with various departn�ents and personnel being assigned as reflected in the City's revenue manual. ln connection with the a�option of the Fiscal Year 2016 budget, the City Cauncil approved M&C G-18545 (September 1S. 2015}, which formally dcsignated the assigned personnel and departments to act on behalf of FMS �n collectin� fees and issuing licenses. where applicable. Adaption of this Ordinance continues that desi�nation thraugh Fiscal Year 2026. SECTION 5. This Ordinance shall be curnulative of aIl provisions of ordinances and of the Code of� thc City of Fort Worth, Texas (2015}, as arnended, except where Ehe provisions af�this ordinance are i�1 direct cont7ict with t�ie provisions of s€�ch ordinat�ces and s�ach Code, in which event conflictin� provisions af such ordinances and such Code are hereby repealed. SECTiON 6. It is l�ereby 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 phtase. clause, Qrdinance l�o. 27977-09-20?5 Page 3 of Z9 sentence, para�,raph or section of thrs ordinance shall be declared unconstitutional b�� the valid judgment or decree af any court af competenc 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 i�y the City Council without fhe incorporation in this ordinance of any such uncanstitutiona[ phrase, clause, sentence, paragraph ar sectian. SECTION 7. All ri.ghts and remedies of the City of Fart Worth, Texas, are expressly sav�d as to any and all violations of any previously existing ordinances which have accrued at the time of tlae effective date of this Ordinance, and, as to such accrued violations and all pending lit�gation, boih civil and criminal, whe#her pendin� in court or not, under such orc�inances, same shall not be atfected by this ordi�iance but may be prosecuted until final disposition by the courts. SECTION $. This Ordinance shall take effect on October l, 2025 and after publicatian as required by law•, if necessary. ATTEST: �_��t��,t � ..�_.�.�_: By: Jannette S. Goodall. City Secretary ���. . .�fliL��.�l1L�II���l�7��L��f�l�i� By: Denis C. McElroy, Assistant City Attorney ADOPTED: September 1 b, 2025 EF�EC1'1VE: October 1, 2025 ^aa��a-abA� �� �oF°Rr�a� � ad � o° ��p o��d �vo °_� � o d � � �� �O �� ��� ��Op�aO�� a �a nE�(p 5.0,�'�" Ordinance ]Vo. 27977-09-2�25 Page 4 of 29 Residential �ee $2.25 Comrnercial Fee $37.50 lndustrial Fee �Von- ProfiE/Municipai Fee Residential Fee $1.5a Increase $0.75 Commercial Fee 3D.Oa Increase $7.50 Industrial Fee $117.50 $105.40 Increase $12.50 52.50 Non- Profit/Municipal 5�.�5 ��ic��_��<;>t� �C ?5 Ordinance No. 27977-09-2025 Page 27 of 29 City Secretary’s Office Contract Routing & Transmittal Slip *Indicates the information is required and if the information is not provided, the contract will be returned to the department. Contractor’s Name: Subject of the Agreement: M&C Approved by the Council? *Yes No If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes No If so, provide the original contract number and the amendment number. Is the Contract “Permanent”? *Yes No If unsure, see back page for permanent contract listing. Is this entire contract Confidential?*Yes No If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: Expiration Date: If different from the approval date. If applicable. Is a 1295 Form required?* Yes No *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number:If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes No Contracts need to be routed for CSO processing in the following order: (Approver) Jannette S. Goodall (Signer) Allison Tidwell (Form Filler)