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HomeMy WebLinkAbout049744-A2 - General - Contract - City of BedfordCSC No. 49744-A2 SECOND AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO. 49744 AN INTERLOCAL AGREEMENT BETWEEN CITY OF FORT WORTH AND CITY OF BEDFORD 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. 49744 ("Second Amendment") is made between the City of Fort Worth ("Fort Worth'), a municipal corporation, and City of Bedford, ("Participating City") and located in TARRANT COUNTY, TEXAS acting herein by and through Mark Long, its duly authorized Director of Parks, Recreation and Facilities. WHEREAS, on October 3, 2017, Fort Worth and Participating City entered into an Interlocal Agreement identified as Fort Worth City Secretary Contract No. 49744 (the "Agreement") for participation in the Fort Worth Environmental Collection Centers ("ECC") Household Hazardous Waste Program; and WHEREAS, on December 15, 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 Second 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 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 1. Section 10 "Compensation", Paragraph A of the Agreement is hereby deleted in its entirety and restated as follows; OFFICIAL RECORD Amendment to CSC 49744 CITY SECRETARY Page 1 of 3 An Interlocal Agreement Between Fort Worth and City of Bedford 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. All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. ELECTVONIC SIGV4.TUA 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 Follows] Amendment to CSC 49744 Page 2 of 3 An Interlocal Agreement Between Fort Worth and City of Bedford ACCEPTED AND AGREED: CITY OF FORT WORTH: By: Valerie Washington (Dec 12, 202510:48:59 CST) Name: Valerie Washington Title: Assistant City Manager Date: 12/12/2025 APPROVAL RECOMMENDED: By: Name: James Keezell Title: Assistant Environmental Services Director ATTEST: HE Vendor: (\ q4F FORr�IlBa ° Name: Jannette S Goodall o9.+°0 Title: City Secretary o * o d ° d Oa�n nEzpSbpa City of Bedford By: IF Name:1` arktr gTitle: irect Parks, Recreation, and Facilities \ Date: Amendment to CSC 49744 An Interlocal Agreement Between Fort Worth and City of Bedford 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: _M. ke vin AN(e�f� 11 By: M. Kevin Anders, II (Dec 12, 202510:18:55 CST) Name: M. Kevin Anders, II Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: C-28276 6-13-2017 1295: N/A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 3 of 3 ORDINANCE NO.27977-09-2025 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 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 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 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 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 ambulance transport and related services, as categorized under Healthcare Common Procedure Coding System (HCPCS) codes, and is compliant with applicable federal 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 improve transparency and facilitate locating the various uncodified fees, staff reconunends adopting a single ordinance as part of the annual 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 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 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 Division of the Transportation and Public Works Department, all fees for the Aviation, Development Services, Environmental Services, Financial Management Services, Fire, Park 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.27977-09-2025 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 Exhibit "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 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 department 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 collecting fees and issuing licenses, as applicable. The City Charter charges the City's Finance Department "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 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 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 violations 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, 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: to Jannette S. Goodall, City Secretary APPROVED AS TO FORM AND LEGALITY By: Denis C. McElroy, Assistant City Attorney ADOPTED: September 16, 2025 EFFECTIVE: October 1, 2025 °OR r 400 Laa a Io 0 ► O ,vo °_ a��TExASa�ICY a Ordinance No, 27977-09-2025 Page 4 of 29 Ordinance No. 27977-09-2025 Page 27 of 29 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: CITY OF BEDFORD Subject of the Agreement: NTERLOCAL AGREEMENT BETWEEN CITY OF FORT WORTH AND CITY OF BEDFORD FOR PARTICIPATION IN THE CITY OF FORT WORTH'S ENVIRONMENTAL COLLECTION CENTER HOUSEHOLD HAZARDOUS WASTE PROGRAM. 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 ❑ 49744 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: October 1, 2025 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 followin order:. 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.