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HomeMy WebLinkAbout060556-A1 - General - Contract - City of WeatherfordCSC No. 60556-A1 FIRST AMGNDMENT TO FORT WORTH C1TY SECRETARY CONTRACT NO. 60556 AN INTERLOCAL AGREEMENT BETWEEN CITY OF FORT WORTH AND CITY OF WEATHERFORD FOR PARTICIPATION I N THE CITY OF FORT WORTH'S ENVIRONMENTAL COLLECTION CENTER HOUSEHOLD HAZARDOUS WASTE PROGRAM This First Amendment to Fort Worth City Secretary Contract No. 60556 ("First Amendment") is made bet���een the City of Fort Worth ("Fort Worth"), a municipal corporation, and City of Weatherford, ("Participating Cit� ") located in Parker County, Te�as. acting herein by and through James Hotopp. its duly authorized City Manager. WHEREAS, on December 4. 2023. Fort Worth and Participating City entered into an Interlocal Agreement identified as Fort Worth City Secretary Contract No. 60556 (the "Agreement") for participation in the Fort Worth Environmental Collection Center's ("F,CC'�) I louschold Hazardous Waste Program; and WHEREAS, due to rising costs of the program since the e�ecution. 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. 27977 (the "Ordinance"), 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 Cit�� desire to amend the Agreement to clarify the tennination and amendment provisions in the Agreement; and WHEREAS, the electronic version of the Agreement on file �vith the Fort Worth's City Secretary is corrupted; therefore, Fort Worth desires to repeal the existing agreement in its entirety and restate the Agreement: and NOW THEREFORE, kno���n 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 A<�reement as follo��s. 1. AMENDMENT Section 10 "Compensation", Paragraph A of the Agreement is hereby amended to increase the compensation from $95.00 to $125.00 and to require Fort Worth to provide Participating City with thirty (30) days ��ritten notice before adjusting the cost per household visit. 11. By entering into this Amendment. Participating City agrees that, in addition to the �95.00 per household per visit to the ECC (or per participating household in a Mobile Collection Event) fee owed to Pirst nmcndmcnt to CSC 60�56 Paac 1 of 27 nn Intcrlocal A�rccmcnt � [3ct�rccn Fort \�`orth and Cit� of Wcathcrford OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX the Citv for visits and events bet�-veen October 1, 20?5 and the effective date of this Agreement p�rrsuant to the terms of the 60556-A l, it shall pay the City an additional �30.00 per household per visit to the ECC (or per participating household in a Mobile Collection Event) incurred bctween October l, 2025 and the effective date of this Agreement. 111. The parties agree to repeal and replace the Agreement to be and read as set forth in Exhibit "A" to this First Amendment to correct the original version of the Agreement on file with the Fort Worth City Secretary and incorporate the amendments set forth in this First Amendment. I V. ALL OTHER TERMS SHALL REMAIN THE SAME All other provisions of the Agreement which are not e�pressl� amended herein shall remain in full force and effect. V. ELECTRONI(' SIGNATURE This Amendment may be executed in multiple counterparts, each of which shall be an original and all of �vhich shall constitute one and the same instrument. A facsimile copy or computer image. such as a PDF or tiff ima�e, or a signature. shall be treated as and shall have the same effect as an original. [Signntu��e Pn�;e Fnllows/ f� irst ,^mcndmcnt to CSC 60»6 Pagc 2 of 27 /�n Intcrlocal Aarccment Bet��een Fort Worth and Cih of Wcatherford ACCEPTED AND AGREED: CITY OF FORT WORTH: B�'- Valer� i�on (Dec 19. 2025 10:32:47 CST) Name: Valerie �Vashington Titlr. nssistant Cit�� Mana�er 12/19/2025 Date: APPROVAL RECOMMENDED: B� : �� K���e lvame: James Keezell Title: Assistant Environmental Services Director ATTEST: �Fn oar a� dp oo �°a pio Odd `Rp � �L,,� a°~8 a9-�0 � ,,,�p.y.-,�%w'—" 0 *°�°r ° �����, AIIIln �E4p544 By: Name: Jannette S Goodall Title: Citv Secretary Vendor: Cih- of We therford Bv: Nam J Tit e: City Manager Date: � a\ l�� � C � � CONTRACT COMPLIANCE MANAGER: B� signing I acki�owled��e that 1 am the person responsible for the monitoring and administration of this contract, including ensw•ing all performance and reporting requirements. ���� B�: Name: Re� Johnson Title: Environmental Services Supervisor APPROVED AS TO FORM AND LEGALITY: �. �wv�u�. -�'�cu-y iT� B�: Name: M. Kevin Anders. II Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: G28276 6-13-?017 1295: N/A C�7��Cy1,1�:7X�%]:7�7 �«] � i'�'i Xy:� � ��1:�'1 FT. WORTH, TX EXHIBIT A INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S ENVIRONMENTAL COLLECTION CENTER HOUSEHOLD HAZARDOUS WASTE PROGRAM FY2024 2024 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 4 of 27 INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S ENVIRONMENTAL COLLECTION CENTER HOUSEHOLD HAZARDOUS WASTE PROGRAM THIS AGREEMENT is entered into by and between the City of Fort Worth, Texas, a home-rule municipal corporation situated in Tarrant, Denton, Parker, Johnson and Wise Counties, Texas, hereinafter called "Fort Worth," acting by and through Valerie Washington, its duly authorized Assistant City Manager and the City of Weatherford, hereinafter referred to as "Participating City" and located in Parker County, Texas acting herein by and through James Hotopp its duly authorized City Manager. L�1 ��1�31�I��LiY 1L�1 �� Any notices required to be given under this Agreement shall be delivered as follows: If to Fort Worth: Jim Keezell, Environmental Services Assistant Director Rex Johnson, Environmental Supervisor Environmental Services Department — Solid Waste City of Fort worth 4100 Columbus Trail Fort Worth, Texas 76133 If to Participating Citv: Dustin Deel, Director Eric Shumar, Assistant Director Municipal and Community Services City of Weatherford POBox 255 Weatherford, TX 76086 2024 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 5 of 27 OPERATIONAL CONTACTS Participating City's Operational Contact Persons: Designated person is: Dustin Deel Telephone number: 817-598-4188 Mobile phone number (24-hour) where he/she can be reached: 817-454-2759 Email Address: ddeel(c�weatherfordtx.�ov Alternate person is: Eric Shumar Telephone number: 817-598-4342 Mobile phone number (24-hour) where he or she can be reached: 817-876-5221 Email Address: eshumar(a)weatherfordx.�ov VOUCHER UTILIZATION The Participating City: _X_ DOES wish to use a voucher system for its residents visiting the ECC or a mobile event. DOES NOT wish to use a voucher system for its residents visiting the ECC or a mobile event. If a voucher system is used only residents with an official voucher provided by Participating City will be allowed to drop wastes off at the ECC or at mobile events in Participating City. A copy of the official voucher must be attached to this agreement. INVOICE DELIVERY Invoices to Participating City shall be delivered to: Kerri Sanderson Name Municipal and Community Services Department (if applicable) PO Box 255 Street Address or PO Box Weatherford, TX 76086 City, State, ZIP ksanderson@weatherfordtx.gov email address for billing questions and correspondence Participating City shall notify Fort Worth in writing if the above contact information changes during the term of this Agreement. 2024 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 6 of 27 WITNESSETH WHEREAS, Texas Government Code, Chapter 791, authorizes the formulation of interlocal cooperation agreements between and among local governments; and WHEREAS, Texas Government Code, §791.011 provides that a local government may contract with another local government to perform governmental functions and services, and §791.003(3)(H) defines waste disposal as a governmental function and service; and WHEREAS, Texas Government Code, §791.025 provides that a local government may agree with another local government to purchase services; and WHEREAS, Fort Worth was authorized by City Council to execute agreements with various cities, including Participating, to continue participating in Fort Worth's Household Hazardous Waste Program; and WHEREAS, Fort Worth and Participating City have been operating under previous agreement which expired on 2017; and, WHEREAS, Participating City wishes to continue participating in Fort Worth's Household Hazardous Waste Program; and, WHEREAS, Fort Worth and Participating City desire to enter into an interlocal agreement whereby Fort Worth will purchase the services of a waste disposal/recycling firm or firms and will administer a household hazardous waste collection program; and WHEREAS, Fort Worth and Participating City mutually desire to be subject to the provisions of Texas Government Code, Chapter 791, also known as the Interlocal Cooperation Act. NOW THEREFORE, it is agreed as follows: 1. DEFINITIONS A. Unless a provision in this Agreement explicitly states otherwise, the following terms and phrases, as used in this Agreement, shall have the meanings hereinafter designated. Act of God means an act occasioned by the direct, immediate, and exclusive operation of the forces of nature, uncontrolled or uninfluenced by the power of humans and without human intervention. Bill of Ladin� lists the contents of the mobile collection unit. Environmental Collection Center (ECC) means the City of Fort Worth Environmental Services Department Solid Waste Division facility located at 6400 Bridge Street, Fort Worth, Texas, which is to be used by Fort Worth for the aggregation of household hazardous wastes that have been brought to the facility by participating cities' households for subsequent recycling, disposal, and/or reuse. 2024 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 7 of 27 Environmental dama�es means all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement or judgment, of whatever kind or nature, contingent or otherwise, matured or un-matured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred subsequent to the execution of this Agreement as a result of the handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of waste pursuant to this Agreement, or the existence of a violation of environmental requirements pertaining to same, and including without limitation: (a) Damages for personal injury and death, or injury to property or natural resources; (b) Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and all other costs incurred in connection with the investigation or remediation of such wastes or violation of environmental requirements including, but not limited to, the preparation of any feasibility studies or reports or the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmental agency or political subdivision, or otherwise expended in connection with the existence of such wastes or violations of environmental requirements, and including without limitation any attorney's fees, costs and expenses incurred in enforcing this Agreement or collecting any sums due hereunder; and (c) Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced in subparagraph (b) herein. Environmental requirements means all applicable present and future statutes, regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including without limitation: (a) All requirements, including but not limited to those pertaining to reporting, licensing, permitting, investigation, and remediation of emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants, or hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surface water, groundwater, storm water, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and (b) All requirements pertaining to the protection of the health and safety of employees or the public. Force maieure means decrees of or restraints by a governmental instrumentality other than the Parties, acts of God, work stoppages due to labor disputes or strikes, failure of Fort Worth's contractor(s) to perform pursuant to their agreements with Fort Worth for the conduct of the 2024 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 8 of 27 collection of household hazardous waste, fires, explosions, epidemics, floods, extreme weather, riots, war, rebellion, and sabotage. Household hazardous waste (HHW) means any solid waste generated in a household by a consumer which, except for the exclusion provided for in 40 CFR § 261.4(b)(1), would be classified as a hazardous waste under 40 CFR Part 261. Manifest means the uniform hazardous waste manifest form(s) that must accompany shipments of municipal hazardous waste or Class 1 industrial solid waste. Mobile collection event means a household hazardous waste collection event by Participating City utilizing a mobile collection unit. Mobile Collection Unit (MCU) means a non-self-propelled vehicle used for the periodic collection of household hazardous waste by Participating City, off-site of the ECC, which is transported to the ECC to dispose of the household hazardous waste collected at the mobile collection event. Mobile Collection Units owned by Fort Worth are designed to hold the hazardous waste of approximately 50 to 75 households. Participatin� City means the municipality which has entered into this agreement with the City of Fort Worth. Participatin� Entities, when used in the plural, means Fort Worth, Participating City, and all other entities which have entered into interlocal agreements with Fort Worth for the ECC household hazardous waste collection program. Person means an individual, corporation, organization, government, or governmental subdivision or agency, business trust, partnership, association, or any other legal entity. Waste has the same meaning as "solid waste" as that term is defined in Texas Health and Safety Code §361.003, and including hazardous substances. Unless a provision in this Agreement explicitly states otherwise, the following abbreviations, as used in this Agreement, shall have the meanings hereinafter designated. CERCLA - Comprehensive Environmental Response, Compensation, and Liability Act, its amendments, associated case law, and state counterparts. CPR - cardiopulmonary resuscitation DOT - United States Department of Transportation ECC — Fort Worth Environmental Collection Center EPA - United States Environmental Protection Agency HAZCAT - hazardous categorization 2024 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 9 of 27 HAZWOPER - hazardous waste operations and emergency response and the training, certification, and legal requirements associated therewith HM - hazardous materials HHW - household hazardous waste MCU - Mobile Collection Unit TCEQ—Texas Commission on Environmental Quality 2. PURPOSE The purpose of this interlocal agreement (hereafter "Agreement") is the provision of services by Fort Worth to Participating City whereby, subject to the terms and conditions specified below, Fort Worth will administer and supervise a regional household hazardous waste collection program, which will be available to households within Participating City as described herein. 3. TERM This Agreement shall be effective from October 1, 2023 or the date the last party has signed this Agreement. This agreement will be self-renewing infinitely. This agreement will be binding for both parties until one or more parties terminate the agreement. Termination of the agreement shall be provided to both parties 45 days prior to the completion date. However, the duties and responsibilities of the Parties for events which occurred during the term of the contract shall survive. 4. SERVICES OF FORT WORTH Fort Worth agrees to perform the following services for Participating City in connection with the ECC household hazardous waste collection program: A. Fort Worth will administer a regional household hazardous waste collection program. This program will include the operation of the Environmental Collection Center, which will accept for disposal and/or recycling household hazardous waste from households located within Participating City. Fort Worth shall not accept compressed flammable gas containers; radioactive materials; explosives or potentially shock sensitive materials; biological, etiologic, or infectious materials; wastes from businesses; or any other wastes that Fort Worth has determined are unacceptable. Commercial waste is never accepted by Fort Worth. B. Fort Worth will employ or retain personnel to provide the services necessary to perform Fort Worth's obligations in this Agreement. C. Fort Worth will enter into a contract(s) with a waste disposal/recycling firm(s) for the handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of household hazardous waste that is collected at the ECC or during mobile collection events. 2024 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 10 of 27 D. Fort Worth will, if requested in writing by Participating City, provide Participating City with copies of waste manifests for shipments of waste from the ECC. E. Fort Worth will, if requested in writing by Participating City, provide Participating City a monthly report of the Participating City's households who disposed of household hazardous waste at the Environmental Collection Center or a mobile collection event. F. Fort Worth will issue a report and an invoice at the end of each quarter detailing the number of Participating City's households that disposed of household hazardous waste at the Environmental Collection Center or at mobile collection events. G. Fort Worth will act under this Agreement in accordance with all applicable state and federal laws. H. Mobile Collection Events Participating City may schedule a mobile collection event to be operated by Fort Worth personnel using one of Fort Worth's MCUs or conduct their own mobile collection events using either Participating City's MCU or Fort Worth's Reserve MCU (as available). State regulations require notification to the Texas Commission on Environmental Quality (TCEQ) at least 45 days prior to conducting the event. 1. Fort Worth Operated Events: If Participating City would like to schedule a mobile collection event with the Fort Worth Mobile Collection Unit, Participating City shall contact the ECC as soon as possible for a list of available dates. The time and location shall be agreeable to both parties. Participating City may schedule one mobile collection event each contract year. Fort Worth will file notification of the event with TCEQ as required by 30 TAC §335.403. (a) Scheduling Events Fort Worth will begin scheduling mobile collection events for each calendar year on the first scheduled working day after the New Year begins. To ensure proper notification to TCEQ, events must be scheduled at least sixty (60) days ahead of the proposed date. Participating City acknowledges that Fort Worth contracts with other municipalities and that Fort Worth will be accommodating each Participating City's request on a first come first served basis. Therefore, Participating City acknowledges that its chosen date to schedule a mobile collection event may be reserved by another city and Participating City will have to then choose another date. Participating City will, in no event, be entitled to any damages or recovery of any costs, except as provided herein. Only one mobile collection event using Fort Worth staff and equipment per city is entitled under this contract. Additional events may be accommodated if feasible. (b) Location If Participating City chooses to hold the Mobile Collection Event on private property, Participating City shall obtain a signed waiver from the owner of the property sixty (60) days prior to the event. The waiver shall be in the form of Exhibit B or similar form approved by Fort Worth. The signed waiver must be sent to Fort Worth sixty (60) days before the Mobile Collection Event. If the signed 2024 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 11 of 27 waiver is not sent to Fort Worth sixty (60) days before the Mobile Collection Event, Fort Worth will not send the Fort Worth Mobile Collection Unit to the event and Participating City will, in no event, be entitled to any damages or recovery of any costs, except as provided herein. All events must be held on an impervious surface. (c) At the Mobile Collection Event, Participating City acknowledges and agrees that Fort Worth shall accept household hazardous waste from the first 50 households that show proof of residency at the Mobile Collection Event. After the first 50 households, Fort Worth will determine in its sole discretion how much more waste it can accept for proper transport back to the ECC. If more households arrive at the event than Fort Worth can accept, Participating City will in no event be entitled to any damages or recovery of any costs, except as provided herein. (d) Due to limited storage space at the ECC, Participating City acknowledges and agrees that if it requests the Fort Worth Mobile Collection Unit at a mobile collection event, a Participating City's MCU shall not also be at the event. (e) Fort Worth, in its sole discretion, will determine whether to send the Fort Worth Mobile Collection Unit to Participating City's Collection Event during adverse weather, the threat of adverse weather, or other hazardous conditions including but not limited to sleet, snow, rain, mist, or hail. In the event Fort Worth determines not to send the Fort Worth Mobile Collection Unit, Fort Worth shall attempt to notify persons listed herein as an "Operational Contact" by the Participating City and shall attempt to send a Fort Worth employee to the Participating City's event to tell any residents that come to dispose of household hazardous waste that the Fort Worth Mobile Collection Unit will not be coming to the event, but the resident can go to the ECC to dispose of the waste. A map with directions to the ECC also will be provided. (f) The Participating City agrees to collect collection data at the MCU and provide Fort Worth with a list of total MCU participants and total quantities of wastes listed in an Excel spreadsheet in a template provided by Fort Worth as Exhibit C, within ten (10) days of the mobile collection event. No vouchers, sign-in sheets, or copies of either will be accepted by Fort Worth. 2. Participating City Mobile Collection Unit: (a) Fort Worth agrees to accept household hazardous waste from mobile collection events conducted by Participating City using Participating City's MCU in accordance with the terms of this Agreement. (b) Fort Worth agrees to restock the items it removes from Participating City's MCU, however, Fort Worth shall only restock items listed in Exhibit "A," attached and incorporated herein as if set forth. 3 Loan of the Reserve Mobile Collection Unit 2024 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 12 of 27 The reserve MCU is a specially designed and equipped thirty-six (36) foot gooseneck box- trailer and one (1) ton pickup owned by Fort Worth. Participating City may request the loan of Fort Worth's Reserve MCU free of charge for use in a Household Hazardous Waste collection event when available. Participating City may use the Reserve MCU to transport HHW to Fort Worth's ECC or another collection center that may lawfully receive HHW. Participating City shall provide Fort Worth with a written request, facsimile or e-mail, at least sixty (60) days prior to the event date for which the request is made. Fort Worth shall have sole determination whether the Reserve MCU is available for use by Participating City and shall notify Participating City as soon as is reasonably practicable of such decision. Fort Worth shall not participate in nor be responsible for any part of the Participating City's HHW Collection Event unless and except by written mutual agreement. (a) Fort Worth shall disclose any known problems the Reserve MCU may have in performing the tasks necessary for the HHW Collection Event. Prior to issuance of the Reserve MCU, a pre-trip inspection for potential maintenance problems will be performed by Fort Worth. Also, both parties will complete a pre-trip aesthetic assessment. Participating City shall be responsible for all certifications and insurance necessary for the proper operation of the Reserve MCU. (b) Participating City agrees to maintain and return the Reserve MCU in as good condition as it was in when Participating City took possession for use. Participating City shall return the Reserve MCU to Fort Worth in a timely manner and as mutually agreed upon. (c) Participating City shall be responsible for all property damage, personal injury, or death caused by Participating City's employees, volunteers, contractors, or agents and arising out of the use of the Reserve MCU during the term of this Agreement. (d) It is expressly understood and agreed that, in the execution of this Agreement, neither of the parties waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement the parties do not intend to create any obligations, expressed or implied, other than those set forth herein and this Agreement shall not create any rights in parties not signatories hereto. 5. DUTIES OF PARTICIPATING CITY Participating City agrees to perform the following duties in connection with the household hazardous waste collection program: A. Participating City will designate one of its employees, and another as an alternate, to act as its household hazardous waste collection Operational Contact to interact with Fort Worth as designated on the signature page to this contract. 2024 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 13 of 27 B. Participating City will coordinate and fund all program advertising targeted to its own citizens, as it deems necessary. Such advertising shall include the type of wastes that will be accepted at the ECC, the requirement of proof of residency, and weather cancellation information. C. Participating City shall notify its residents of the ECC hours of operation and dates it is closed as provided in Section 9"The Environmental Collection Center Hours of Operation." D. Participating City may choose to utilize a voucher system for its residents in order for them to bring HHW to the ECC. If Participating City chooses to use such a system, it shall designate so herein and include a copy of the official voucher. In addition, if a citizen from a Participating City that utilizes a voucher system comes to the ECC or a mobile collection event without a voucher, Participating City acknowledges and agrees that Fort Worth will not accept the household hazardous waste until Participating City authorizes the acceptance in writing. E. Participating City may submit a written request for a monthly report listing the number of its city's households that have disposed of household hazardous waste at the ECC or a mobile collection event. F. Participating City shall provide traffic control and signage for the mobile collection event, and shall provide personnel to assist Fort Worth with the offloading of material, surveys, and screening of persons dropping off household hazardous waste. Prior to the event, the parties shall agree upon the details of the traffic control, signage, and personnel assistance. G. 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 even if the resident has only one voucher. H. Participating City shall provide a means for disposing of solid waste (e.g. boxes, trash, containers) on site during a mobile collection event. Mobile Collection Events using Participating City's MCU or Reserve MCU 1. Participating City is responsible for proper notification to TCEQ as required by 30 TAC §335.403. 2. Participating City shall advise the ECC at least 72 hours in advance of its mobile collection events. Participating City shall collect only HHW during a mobile collection event. Wastes from commercial, agricultural, and industrial sources shall not be accepted. Participating City shall not accept compressed flammable gas containers; radioactive materials; explosives or potentially shock sensitive materials; biological, etiologic, or infectious materials; or any other wastes that Fort Worth has determined are unacceptable. 3. In accordance with the latest DOT requirements, Participating City's MCU operators will properly categorize, package, mark, label, and load into the MCU, all wastes received at the mobile collection event. Recyclable products (used oil, used oil filters, latex paint, recyclable anti-freeze, lead-acid batteries, and fluorescent lights) will be segregated into containers for recyclables. 2024 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 14 of 27 4. After accepting wastes, Participating City's MCU operators shall thoroughly check each container for proper labeling and identification. If a container is properly identified, the material will be segregated according to hazard class and prepared for packaging. If a container does not have adequate labeling to permit identification, the MCU operators shall then attempt to identify the material from its physical characteristics using HAZCAT analysis and from information provided by the household presenting the waste. The Participating City's MCU operators shall package all hazardous materials in accordance with DOT requirements, EPA requirements, and all other applicable federal and state requirements. After all the wastes have been properly identified and segregated, the MCU operators will reexamine the wastes for compatibility, list them on the container content sheets, and pack them into drums. Oil-based paints and latex paints shall be bulked separately in 55-gallon drums, or if the paint is left in its container, the paint can be packed in a lined cubic yard box, and packed and labeled according to federal and state regulations. Participating City shall not transport waste that is not HHW to the ECC. Participating City agrees to make its own arrangements to dispose of any non-HHW waste collected at the event. 6. Prior to transporting the HHW from the collection event site, Participating City's MCU operators shall complete a Bill of Lading, and shall keep the Bill of Lading in the cab of the truck hauling the MCU during transportation of the HHW to the ECC. Participating City shall require that a minimum of one copy of the latest North American Emergency Response Guidebook be kept within the cab of the truck. During transportation, Participating City's MCU operators shall placard the MCU for transportation of hazardous waste in accordance with federal and state law. Upon the return of the MCU to the ECC, Participating City's MCU operators shall follow the instructions of Fort Worth regarding the placement of the MCU for unloading. Fort Worth shall take possession of the MCU from Participating City after the MCU has been properly parked for unloading in accordance with Fort Worth's instructions and all required documents have been delivered to the ECC manager or his/her designee at the ECC. Fort Worth shall, within a reasonable amount of time, unload the HHW from the Participating City's MCU and store the unit at the ECC. After being contacted, Participating City shall pickup their unit within 10 days. If Fort Worth, in its sole discretion, determines that Participating City's MCU operators improperly packaged any of the HHW delivered to the ECC, Fort Worth shall repackage such waste, and Participating City shall reimburse Fort Worth as set forth herein. 10. If a spill emanating from the Participating City's MCU or the Reserve MCU occurs at the ECC while the MCU is still in Participating City's possession, Fort Worth shall take control of the spill response and Participating City will reimburse Fort Worth for its response costs as set forth herein. 6. USE OF WASTE DISPOSAL/RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE 2024 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 15 of 27 A. Fort Worth will enter into a contract(s) with a waste disposal/recycling firm(s) for the handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of household hazardous waste, from the ECC. B. Such firm(s) shall be required pursuant to the contract(s) to assume generator status for the waste collected, (excluding used oil, lead-acid batteries and antifreeze) to choose a disposal site for the waste subject to Fort Worth's approval, and to indemnify Fort Worth and participating cities against any and all environmental damages and the violation of any and all environmental requirements resulting from the handling, collection, transportation, storage, disposal, treatment, recovery, and/or recycling of waste collected pursuant to this agreement, when said environmental damages or the violation of said environmental requirements was the result of any act or omission of contractor, its officers, agents, employees, or subcontractors, or the joint act or omission of contractor, its officers, agents, employees, or subcontractors and any other person or entity. C. THE PARTIES RECOGNIZE THAT ALTHOUGH THE FIRM (S) WILL BE REQUIRED TO ASSUME GENERATOR STATUS, THIS ASSUMPTION WILL NOT RELIEVE PARTICIPATING CITY OF LIABILITY FOR THE WASTE UNDER FEDERAL LAW AND STATE LAW. Fort Worth will arrange for recycling vendors for used oil, batteries, antifreeze, and other materials, as it deems appropriate. 7. REUSE OF COLLECTED MATERIALS A. From time-to-time Fort Worth will make available to residents and businesses of Fort Worth, as well as, Participating City residents and businesses of Participating City for their use, collected household hazardous waste materials that are suitable for reuse, such as paint, fertilizer, motor oil, and antifreeze. Fort Worth shall not charge for any materials that are picked up for reuse. B. Some materials made available for reuse may have been consolidated and filtered by Fort Worth prior to being made available. Used antifreeze will have been consolidated in a barrel, filtered, and pH balanced, and new antifreeze may have been added to the barrel. C. In regards to materials accepted by Participating City, its employees, residents, or any other person FORT WORTH MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES THAT: 1. the container contents are what the label indicates; 2. the container contents are those originally placed into the container by the manufacturer; 3. the product is of the quality intended for its use; 4. the contents of the container have been stored properly; 5. the instructions on the container label for use, storage, and first aid are current or correct; 6. the container is in unimpaired condition; 7. the product is still approved for use (i.e., it has not been banned or recalled); and 2024 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 16 of 27 8. the product can be used without risk to persons, property or the environment. FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE SPECIFICALLY DENIED. PARTICIPATING CITY SHALL NOTIFY RECIPIENTS OF THESE TERMS AND CONDITIONS. D. Participating City shall contact the ECC manager to arrange a pickup time to obtain materials. Participating City agrees that it shall not return to Fort Worth, directly or indirectly, any materials it obtains from Fort Worth under this paragraph. E. INDEMNIFICATION REGARDING REUSED OR RECYCLED MATERIALS. 1. IN REGARDS TO REUSED OR RECYCLED MATERIALS ACCEPTED BY PARTICIPATING CITY, PARTICIPATING CITY DOES HEREBY WAIVE ALL CLAIMS, INCLUDING PRODUCTS LIABILITY CLAIMS, AND RELEASES, AND HOLDS HARMLESS THE CITY OF FORT WORTH, AND ALL OF ITS OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, AND VOLUNTEERS, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, EXPENSES OF LITIGATION, OR CAUSES OF ACTION WHICH MAY ARISE BY REASON OF INJURY TO PERSONS, LOSS OF PROPERTY, DAMAGE TO PROPERTY, OR LOSS OF USE OF ANY PROPERTY, OCCASIONED BY THE TRANSPORTATION, STORAGE, HANDLING, USE, AND DISPOSAL BY PARTICIPATING CITY OF ANY MATERIALS ACCEPTED BY PARTICIPATING CITY UNDER THIS AGREEMENT FROM FORT WORTH. 2. IF THE PARTICIPATING CITY DOES NOT AGREE TO THE INDEMNIFICATION AND WAIVER IN PARAGRAPH E ABOVE, THEN THE PARTICIPATING CITY SHALL NOT ACCEPT, NOR ALLOW ANY OTHER PERSON TO ACCEPT ANY OF THE REUSED OR RECYCLED MATERIALS AND SHALL NOT BE REQUIRED TO AGREE TO THE WAIVER IN PARAGRAPH E. Initial here to reject term 7.E.1. and accept alternate term 7.E.2. . F. In regards to materials accepted by residents or businesses of Participating Cities, FORT WORTH MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES THAT: 1. the container contents are what the label indicates; 2. the container contents are those originally placed into the container by the manufacturer; 3. the product is of the quality intended for its use; 4. the contents of the container have been stored properly; 5. the instructions on the container label for use, storage, and first aid are current or correct; 6. the container is in unimpaired condition; 7. the product is still approved for use (i.e., it has not been banned or recalled); and 8. the product can be used without risk to persons, property or the environment. 2024 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 17 of 27 FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE SPECIFICALLY DENIED. G. Participating City shall attempt to inform its residents and businesses that if they go to the Environmental Collection Center to pick up household hazardous waste for reuse, a release of liability must be signed to accept the household hazardous waste for reuse. 8. RIGHT TO REFUSE WASTE Participating City agrees that Fort Worth shall have the right to refuse to accept waste at the ECC from Participating City or Participating City's resident, if in the reasonable judgment of Fort Worth: A. The waste is not household hazardous waste; B. The waste fails to meet other established criteria established by this Agreement, or that have been established by Fort Worth subsequent to the execution of the Agreement; C. The individual does not have sufficient identification to establish that he/she is in fact a resident of Participating City; D. Participating City has implemented a voucher system for its residents to dispose of waste, and the individual does not have a valid voucher; or E. The waste or the individual presents a hazard to the ECC or to persons or property at the ECC. 9. ENVIRONMENTAL COLLECTION CENTER HOURS AND DAYS OF OPERATION A. Hours of Operation During the term of the Agreement, the ECC's hours of operation are as follows: Thursday and Friday 11:00 a.m. - 7:00 p.m. Saturday 9:00 a.m. - 3:00 p.m. B. Days the Environmental Collection Center will be closed During the term of the agreement, the ECC will be closed on the following holidays that are observed on days the ECC would otherwise be open to the public: New Year's Day Martin Luther King Jr. Day Thanksgiving holiday, Thursday and Friday Memorial Day Independence Day Labor Day Christmas Day 2024 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 18 of 27 In addition to the above closures Fort Worth employees may not be available to conduct mobile collection events on other dates to conduct mobile collections within the City of Fort Worth, although the ECC will remain open on those days. The ECC may close due to furlough days or other causes, and the City of Fort Worth does not represent to Participating City that the ECC will be open on any particular days. If additional closures due to any cause are necessary Fort Worth will notify Participating City prior to the closure unless due to an unforeseeable event. C. Notifying Residents Participating City agrees to notify its residents of the ECC's hours of operation and dates it will be closed. Participating City also may advertise the 24-hour Environmental Collection Center telephone number: 817-392-1234. 10. COMPENSATION As fair compensation for the services provided by Fort Worth pursuant to this Agreement: A. 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 shall provide Participating City with thirty (30) days' written notice before it may increase Participating City's per household per visit cost. If Fort Worth determines that Participating City's MCU operators improperly packaged any of the HHW delivered to the ECC, Fort Worth shall repackage such waste, and Participating City shall reimburse Fort Worth for its staff time at $20.00 an hour and the cost of supplies. If a spill emanating from the Participating City's MCU or the Reserve MCU occurs at the ECC while the MCU is still in Participating City's possession, Fort Worth shall take control of the spill response and Participating City will reimburse Fort Worth for its response costs for City staff time ($60.00 per hour) plus the cost of supplies and the actual costs for the spill response and remediation incurred by the City of Fort Worth for third party contractors and responding governmental agencies. D. The amount due to Fort Worth for services provided under this Section, Paragraphs A, B, and C, shall be billed to Participating City quarterly. Participating City shall pay Fort Worth within 30 days of receiving a bill from Fort Worth. If Fort Worth does not receive payment within 30 days, Fort Worth shall inform Participating City in writing that it will not accept any household hazardous waste from Participating City's residents and that Fort Worth will not participate in a mobile collection event or provide a mobile collection unit until paid. 2024 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 19 of 27 E. At the end of the term of this Agreement, Fort Worth shall provide a final accounting to Participating City, which will include the total number of Participating City's households which participated in the program, repackaging fees, if any, and the total cost of spill response charged to Participating City, if any. F. Pursuant to the requirements of Government Code §791.011 (a)(3), the amount due to Fort Worth under Subparagraph D. above shall be paid from revenues currently available to Participating City in the present fiscal year. 11. ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES," AND PROMOTIONAL MATERIALS LICENSE AGREEMENT Fort Worth is the owner of "Captain Crud" and the Cruddies ("Bloomer," "Otto," "Pestie," "Scrub," and "Van Goo") and the recycling buddies ("Scrappy," "Juggles," and "Cana Nana"), "Conquer Your Crud," and "Crud Cruiser", and therefore all ownership rights belong to Fort Worth. Fort Worth has registered these marks as service marks with the Secretary of State. A. Fort Worth hereby grants to Participating City a non-transferable, non-exclusive license to use all the artwork and promotional materials that may be provided by Fort Worth to be used solely in the conduct of the business of Participating City's disposal and recycling of household hazardous waste programs. If Participating City wishes to use to Licensed Art and/or Promotional Materials in other limited situations, Participating City must first obtain express written consent from Fort worth. B. Fort Worth may provide licensed Artwork and Promotional Materials to Participating City pursuant to the terms of this Agreement. Participating City acknowledges that by virtue of this License, Participating City acquires only the right to use the original and permitted duplicate copies of the Licensed Artwork and Promotional Materials and does not acquire any rights of ownership in the Licensed Artwork and Promotional Materials, which rights shall remain exclusively with Fort Worth. If Participating City wants to modify or change the artwork and/or promotional materials in any manner, Participating City hereby agrees to contact Fort Worth in writing to obtain written consent before modifying or changing any artwork and/or promotional materials. 12. IMMUNIIY It is expressly understood and agreed that, in the execution of this Agreement, none of the Participating Cities waives, nor shall be hereby deemed to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions, and that the services described in this Agreement are a governmental function. 13. FORCE MlL1EURE 2024 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 20 of 27 A delay or failure of Fort Worth to perform services pursuant to this Agreement shall be excused to the extent that the delay or failure to perform resulted from a force majeure event, and the delay or failure was beyond the control of Fort Worth and not due to its fault or negligence. Participating City shall not have, and hereby waives, any claim whatever for any damages resulting from delays or failure to perform caused by a force majeure event. 14. TERMINATION The parties shall each have the right to terminate the Agreement for any reason, with or without cause, upon thirty (30) days written notice to the other party. Upon termination, the parties shall be released from all contractual obligations to the other party excluding "USE OF WASTE DISPOSAL/RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE" "REUSE OF COLLECTED MATERIALS" and ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES," AND "PROMOTIONAL MATERIALS LICENSE AGREEMENT" and any terms and conditions arising from events occurring during the term of the contract. 15. ENTIRETY This Agreement contains all commitments and Agreements of the parties hereto, and no other oral or written commitments shall have any force or effect if not contained herein, except that this Agreement can be amended or modified by the parties if such amendment or modification is in writing and signed by Participating City and Fort Worth. 16. SEVERABILITY In the event anyone or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. 17. VENUE Should any action, real or asserted, at law or in equity, arise out of the terms and conditions of this Agreement, venue for said action shall be in Tarrant County, Texas. 18. AUTHORITY This Agreement is made for Fort Worth and Participating City as an Interlocal Agreement, pursuant to Texas Government Code, Chapter 791. 19. AUTHORIZATION 2024 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 21 of 27 The undersigned officers and/or agents of the parties hereto are properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. (Siqnature Paqe Follows] 2024 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 22 of 27 SIGNATURE PAGE INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S ENVIRONMENTAL COLLECTION CENTER HOUSEHOLD HAZARDOUS WASTE PROGRAM CITY OF FORT WORTH BY � �a� I�as�^,�L Valerie Washington (Dec 19, 202510:3247 CST) Valerie Washington Assistant City Manager Date: 12/19/2025 APPROVED AS TO FORM AND LEGALITY: -!rl.���! .� M. Kevin Anders, II Assistant City Attorney ATTEST: �\�4. /J .AR.C�%ta-a-x \ Jannette Goodall City Secretary Contract Authorization No. CITY OF WEATHERFORD , By: James Hotopp ..� Name, Title (Email address) ( � � Printed n me: � �11"��f� 1-1G f�=� Title: �,t- r�,'1��n�� c � r Date: �������� APPROVED AS TO FORM AND LEGALITY: /v�" City �torney / Assistant City Attorney ATTEST: � � A ^ Witness 2024 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 23 of 27 CITY OF FORT WORTH 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. �c��,� RexJohnson Environmental Supervisor- Environmental Collection Center 2024 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 24 of 27 Exhibit "A" RESTOCKING LIST FOR THE MOBILE COLLECTION UNIT Material 55 gallon open top drums (open top for loose packs) Amount Restocked Amount taken off the trailer Special Needs Remarks 55 gallon drums (closed top) (oil, antifreeze, bulk flammable materials and one extra) Fiber drums (55 or 30 gallon) Aerosols, acids, bases and oxidizers) Gaylord box liners (plastic) 55 gallon drum liners 5 gallon buckets (filters/haz chemicals) Survey Forms Labels/drum placard Gaylord boxes Absorbent pads Vermiculite Oil dry Promotional Materials & Brochures Amount taken off the trailer Amount taken off the trailer Amount taken off the trailer Amount taken off the trailer Amount taken off the trailer Amount taken off the trailer Amount taken off the trailer Amount taken off the trailer Amount taken off the trailer Amount taken off the trailer Amount taken off the trailer Amount needed 2024 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 25 of 27 Exhibit "B" WAIVER AND RELEASE OF LIABILITY FOR COLLECTION OF HOUSEHOLD HAZARDOUS WASTE I being the owner of property located at have been asked by the City of to allow a mobile collection event on my property to collect household hazardous waste on the , 20_. I hereby give my permission to the City of and the City of Fort Worth, to hold a household hazardous waste collection event on my property in which the City of has asked the City of Fort Worth to send its mobile collection unit to collect the household hazardous waste that is brought to the event. Therefore, I hereby RELEASE, DISCHARGE, HOLD HARMLESS, INDEMNIFY the City of Fort Worth or its officers, agents, and employees and the City of and its officers, agents, and/or employees for any and all claims, demands, liability, causes of action, actions or suits of any character that I may have against the City of Fort Worth or its officers, agents, and/or employees and the City of or its officers, agents, and/or employees for any property loss or damage, for any and all personal injury including death or any other damage of any kind or character which may arises or that arises from allowing the City of to hold a household hazardous waste collection event, in which the City of Fort Worth sends its mobile collection unit on my property. I have read this Waiver and Release and fully understand its terms and conditions. I have not been influenced in any extent whatsoever by any representation or statements not contained in this Agreement. Signature Witness Date Date 2024 Interlocal Agreement — Fort Worth Household Hazardous Waste Program Page 26 of 27 � � 0 � � D 00 io � � � � � 0 s 2 O C N � S O d Location Address Street Zip code Number of Paint - number Households latex � � Herbicides, �, Solvents/ Aerosol Motoroil ��� Antifreeze Auto pesticides, Cleanersl Cooking Light Household Other � flammable cans Filters batteries fertilizer corrosives oil bulbs batteries (description) -a 0 00 w 3 v a ao � m x s s � ri 0 � N v ORDiNANCE NO. 27977-09-2025 AN ORDiNANCF, AMF,NDING InF.NTiFiF,D PROViSIONS OF THE C011E OF THE CITY OF FORT WORTH (201�), AS AMEnDED, TO REFLECT CHANGES 1N THE FEES STATED IN THOSE CODE SF,CTIONS; ADDiNG NF,W FEES AND CHANGiNG CF,RTAiN FF,ES AND RATIFYiNG AND CONTINUING YREVIOUSLY 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; PROVIUING A SEVERABiLiTY CL�USE; PROViDiNG A SAViNGS CLACSE; AND PRnViDiNG AN F,FFF,CTiVF, DATF,. WHEREAS, certain City functions are pro��ided on a fee-for-ser� ice basis, with such fees designed to reco��er some or all of the costs incurred by the City to provide such services; WHEREAS, adoption and re�-ision of the utilit} rates for water and ��%aste«�ater and for �nunicipal drainage (stor�n��vater) are subject to specific pcocesses and are therefore handled by sepacate action in order to enstn�e compliance with t}iose utility-rate-setting processes, but certain other non-rate miscellaneous fees at-e simpl�� set by Council; WNF,REAS, in limited instances the lees (or othcr non-utility City services are ret7ected in codified ordinances that can be found in the Code of the City of Fort Worth (2015), as amcndcd: WHEREAS, for a number of other fee-based services, the City Code simply refers to fccs bcing sct b�� City Council, �-hich action may not takc tllc form of an ordinancc; WHEREAS, the operations of the Cit�'s Public �vents Department involve booking business lor com�entions and other gatl�erin�:s at the Fort Worth Convention Center inonti�s or sometimes years in ad�-ance, necessitating the adoption of fees for such facilities beyond just the immediately comin� year; WHERF,AS, with the City havin� assumed responsibility for pro��idin� emergency ►nedical sciviccs (EMS) �vithin }�'ort Worth and ccrtain othcr ncighboring citics, thcrc is a nccd to enact certain EMS-related fees. �vhich are �enerallv bein� set to mirror the amounts most- recently charged by the prior L-MS provider (Medstac); � WHEREAS. EMS fees within the schedule noted with an asterisk (*) reflect rates fo►� ambulance transport and related ser�ices. as categorized under Ilealthcare Conu»on Procedw•e Coding System (HCPCS) codes, a��d is compliant «�ith applicable federal billin� and reimbursement guidelines, includin� viedicare and Medicaid requirements. �vith fees subject to periodic rcvicw to cnsurc compliancc with rcgional standards and fcdcral rcimbursc�ncnt Ordinance No. ?7977-09-30?5 Pa�e 1 of 29 guidelines and with billing and collections n�anaged in accordance with standardized policies through a third-part�� billing contractor, �vhich policies are available upon request; WHERF,AS, the Fire T)epartment «�ill provide standby tire and F,MS services for events upon rcqucst, and it is rccommcndcd to clarify and updatc thc i'ccs for such sciviccs in an cffort to recover the costs of providing them: WHEREAS. in an cffort to improvc transparcncy- and facilitatc locating thc �-arious uncoditied fees, staff recommends adopting a single ordinance as part of the annual budget to retlect changes to coditied fees otl�cr �Iaan utility rates for water and stormwater and changes to non-codified fees and lo ratil}� all pre��iously established fees thal will continue to be charged for the coming fiscal yeai; and WHEREAS, in connection wilh the adoption of the Fiscal Year 2026 budget. the City Council deems it appropriate to ado��t this instrument to amend certain non-utility fee schedules in the Cit}� Codc, to updatc thc non-codificd fcc schcdulc as rcflcctcd hct-cin, and to ratitj� all previously enacted uncodified fees. NOV1-' TNEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF FORT WORTH, TEXAS THAT: SECTiON 1. The iollo�ving sections of the Cily Code of the Cily of Fort Worth are hereby amended in acc�rdance with the attached F.xhibit "A" to reflect changes in certain fees and associated languagc: Chapter 12.�, Article VTII, i�ivision 4, Section 12.5-841.1. `'Residential Collection Fees"; Chapter 12.�, Articic VI11, Division �4, Section 12.�-841.2, "Commercial Garbage Collection Fees�'; Chapter 1?.5, Article VII1, Di�-ision 4. Section 12.5-843, "Ln��ironmental Protection Fee�'; Chapter 12.5. Article VIiI, Division 4, Section 12.�-844. `'Non Citv Waste Landfill Environmental Fee": Chapter 20. Article VII. Division 2. Section 20-271, "Application; Fee; Duration"; SECTION 2. With thc csccption of Watcr and Wastcwatcr utility ratcs char�cd by the Watcr Department and Municipal Draina��e utility rates chacged by the Storm���ater Di��ision of the Transportation and Public Works Depart�nent, all fees tor the Aviation. Development Services, Environmental Services. Financial Management Ser� ices. Fire. Park and Recreation. Property Management, Public F,vents. Transportation and Public Works, and Water T�epartments begltllllll�� and ettective October 1, 202� shall be those previously authorized by City Council Ordinance No.?7977-09-303� Page 2 of 29 action and are ratified and shall continue to be in effect by the adoption of this O►-dinance, save and except those fees where a chan��e is being implemented as detailed on Exhibit '`B" to this Ordinance, includin�� changes to pre-existing fees and enactment oi_ new lees, and all such fees and changes are hereby approved. SECTION 3. Thc Aviation, Dcvclopmcnt Scrviccs. Environmcntal Scrviccs. Financial Managcmcnt Services. Fire. Park and Reci-eation, Propert}� Management, Public E��ents, Transportation and Public Works, and Water Departments oUerate facilities and programs that compete v��ith public and pi-ivate sector facilities for business and periodically need to make a�justments in response to market demands and for pro���otional and educational purposes. Approval of this Ordinance authorizes the Directors of the departments identitied above (or their designees) to adjus[ or waive fees in response to market demands, including. but not limited to, seasonal, weallier- related, and facility condition-driven factors: customer ser��ice resolutions; memberships: advertising opportunities: special marketing promotions: and educational purposes. In addition. to the eztent an}� City-o�vned facility is managed or operated by a non-profit support group, the T�irector oi� the department having responsibility for such facility may e�ercise the discretion to adjust fccs by acting in conccrt ���ith such non-protit organization. Thc mazimum amount of fecs will continue to be capped at those amounts previously approved by the City Council. SECTiON �1. Approval of this Urdinance �vill also otticially designate other personnel and departments as actin� on behall� oC the Financial Management Services (FMS) Department in collecling fees and issuing licenses, as applicable. The Cit�- Charter charges the City's Finance Department "�vith the administration of the financial affairs of tlle city, including the keeping and supervision of all accounts and the issuance of licenses and the collection of license fees.'� As the City has gro���n over the years, responsibilities for issuing licenses and collecting fees became dcccntralizcd, with �arious dcpart�ncnts and personncl bcing assigncd as rcflcctcd in the City's revenue manual. In connection with the adoption of tl�e Fiscal Year 2016 budget, the City Council approved M&C G-1854� (Septenlber 15, 2015), which fo�tinally designated the assi`�ned personnel and departmenls to act on behall�of FMS in collecting (ees and issuin� licenses, where applicable. Adoption of this Ordinance continues that designation throu�h Fiscal Year 2026. SECTION �. �I�his Ordinancc shall bc cumulativc of all provisions of ordinanccs and of tlic Codc of thc City of Fort Wocth. Texas (?O15), as amended, except �vllere the provisions of this ordinance are in direct conflict ��-ith the provisions ot� such ordinances and such Code, in �vhich event contlicting provisions of such ordinanccs and such Codc arc hcrcby rcpcalcd. 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 an}� phrase, clause. Ordinance No. ?7977-09-?03� Page 3 of 29 sentence, para�raph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of am� court of competent _jw•isdiction. such unconstitutionality shall not affec� any of t11e remaining ph�ases. clauses. sentences, paragraphs and sections of this ordinance, since the same �vould ha��e been enacted by the Cit�� Col�ncil without the incorporation in this ocdinancc of any such unconstitutional phrasc, clausc, scntcncc, 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 pf-e��iousl�� e�:isting 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 c�•iminal, �vl�ether pending in cotn�t or not, under such ordinances, same sl�all not be affected by this ordinance but may be prosecuted until final disposition b}� the courts. SECTION S. This Ordinance shall take effect on October 1, ?02� and after publication as required by la�v. if necessaiy. ATTEST: �,�n� ,S ..=���. By: . Jannette S. Goodall. Cily Secrelary APPROVED AS TO FORM AND LEGALITY T�y: Dcnis C. McElroy, Assistant Cit}• Attorney ,d-d���� apFoF�RT��� ��o o��� v �o �•� � �° ° �(�° �2 0 0 ��a � o 00 0 *� �aa� �ExA4�-�p ADOPTED: September 16, 2025 EFFECTNE: October l. 2025 Ordinance No. 27977-09-2035 Page d of 29 � � _ ,T. . � �. 1 :::,:i.;.�s� Residential Fee $2.25 Commercial Fee $37.50 Industrial Fee $117.50 :AA"1cF ..i,. Ll,�_`.��..'� . .. Residential Fee $1.50 Increase $0.75 Commercial Fee $30.00 Increase $7.50 Industrial Fee $105.00 Increase $12.50 Non- Non- Profit/Municipal Profit/Municipal Fee 52.50 52.25 Increase $0.25 I i �,, ,: I, ,,., ECC Fee Increase from 95 $125.00 $95.00 to $125 for ECC Ordinance No. �7977-09-30?5 Page 27 of 29 M&C Review CITY COUNCIL AGENDA Page 1 of 3 C�ti; ril=.i'c of'h., �::r n�-o�? �':pr'h, Te�.a; FORT �'VORTI I --�--- 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. DISCUSSION: 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 Glenn Heights Arlington Godley Azle Grand Prairie Bedford Grapevine Benbrook Haltom City Burleson Haslet Cedar Hill Hood County http:%,�ap��s.cfv��uet.org!council packet/mc review.asp?iD=24745&councildate=6/13/2017 9/8/2025 M&C Revie�� Cleburne Colleyville Crowley Daiworthington Gardens Decatur Euless Forest Hill Fort Worth Midlothian North Richland Hills H u rst Johnson County Joshua Justin Keller Kennedale Lake Worth Lakeside Unincorporated Tarrant County Upper Trinity Regional Water District Page 2 of 3 Oak Leaf Watauga Pantego Waxahachie Parker County Weatherford Richland Hills Westlake River Oaks Westover Hills Roanoke Westworth Village Saginaw White Settlement Sansom Park Sherman Southlake Stephenville Tarrant Regional Water District (TRWD) Trophy Club This contract will be with a governmental entity, state agency or public institution of higher education: (see list above). FISCAL INFORMATIONICERTIFICATION: The Director of Finance certifies that the Code Compliance Department is responsible for collection and deposit of the funds due to the City. TO I Fund I, Department I Account Project i Program ' Activity I Budget � Reference # ; Amount i I ID ID � : Year �(Chartfield 2) ; FROM i Fund '� Department Account '� Project I Program ' Activity � Budget � Reference # I, Amount ; _ — ID _— __ ID ; Year i (Chartfield 2) _' _ - Submitted for Citv Manaaer's Office bv: Oriqinatinq Department Head: Additional Information Contact: Fernando Costa (6122) Brandon Bennett (6322) Cody Whbittenburg (5455) Robert Smouse (5153) ATTACHMENTS httE�:%�apps.cfv�-net.or�/coui�cil packet/mc re��iev�-.asp?ID=24745&cottncildate=6/13/2017 9i8/2025 M&C Review Page 3 of 3 http:!iapps.cf��net.org/council packet/mc re��ie��-.asp'?iD=24745&councildate=6/13/2017 9i8/2025 F�R'� ��1�TH�� City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: City of Weatherford Subject of the Agreement: ECC FY26 Fee Increase ILA Weatherford CSC 60556.A1 M&C Approved by the Council? * Yes ❑✓ No ❑ If so, the M&C must be attached to the cont�act. Is this an Amendment to an Existing contract? Yes ✓❑ No ❑ 60556 If so, provide the original contract number and the a�ne�dinent nuinbe�. Is the Contract "Permanent"? *Yes ✓❑ No ❑ If unsure, see back page, fo� perinane�t contract listing. Is this entire contraet Confidential? *Yes ❑ No ❑✓ Ifonly specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: 10/1/2025 Expiration Date: N/A If different f�om the approval date. If applicable. Is a 1295 Form required? * Yes ❑ No ❑✓ *If so, please ensure it is attached to the app�oving M&C o� attached to the contract. Project Number: Ifapplicable. N/A *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 processin� in the followin� order: L 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.