HomeMy WebLinkAboutResolution No. 14-012 - HHW Agreement with Dallas CountyRESOLUTION NO. 14/012 ·-'----------
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS, APPROVING AMENDMENT NO. 2 TO THE CITY'S HOUSEHOLD
HAZARDOUS WASTE INTERLOCAL AGREEMENT WITH DALLAS COUNTY;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City heretofore entered into an Interlocal Agreement with Dallas
County and others regarding a Household Hazardous Waste Network for the collection and
disposal of household hazardous waste; and,
WHEREAS, the City Council wishes to amend the Agreement to extend its term and
provide funding for the next fiscal year; Now Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS:
SECTION 1. That Amendment No. 2 to the "Household Hazardous Waste Interlocal
Agreement" between Dallas County and the City of University Park, a true copy of which is
attached hereto as Exhibit "A" and made part hereof for all purposes, is accepted and approved
in all respects by the City Council to amend the etfective term to end September 30, 2015 and
to approve the fiscal year budget set out in the Agreement without change to its basic terms and
provisions. That the City Manager is authorized and directed to execute such Amendment on
behalf of the City of University Park and to take such other administrative steps as may be
necessary to participate in the Network.
SECTION 2. This Resolution shall take effect immediately from and after its passage,
and it is accordingly so resolved.
DULY PASSED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS, on the 21stday of October 2014.
ATTEST:
CHRISTINE GREEN, CITY SECRETARY
~::iti[Q
CITY ATTORNEY (RLD/09-22-14; 61 979)
EXHIBIT A
HHW lnterlocal Agreement for FY2015 Amendment No. 2 Page 1 of 3
STATE OF TEXAS §
§
COUNTY OF DALLAS §
AMENDMENT NO. 2 TO THE HOUSEHOLD HAZARDOUS WASTE INTERLOCAL
AGREEMENT (The "Agreement") BETWEEN DALLAS COUNTY AND CITY OF
UNIVERSITY PARK (The "City") A MEMBER CITY OF THE DALLAS AREA HOUSEHOLD
HAZARDOUS WASTE NETWORK
WHEREAS, on July 7, 2014 the Dallas County Comm issioners Court was briefed on a request
from the cities of the Dallas Area Household Hazardous Waste Network to renew and revise
the effective term and specify new fiscal year budgets for the Household Hazardous Waste
Program lnterlocal Agreement ("Agreement") that permits four additional one-year renewals for
a five-year total contract term and was authorized by Court Order 2012-1223; and
WHEREAS, Amendment 1, which was authorized by Court Order 2013-1248 to renew and
extended the FY2013 agreement through FY2014, will expire on September 30, 2014; and
WHEREAS, the proposed Amendment No. 2, along with the attachment, will serve to continue
the Household Hazardous Waste Program through fiscal year 2015, while updating overall
program budget amounts and individual city budget limits for the new fiscal year; and
WHEREAS, proposed Amendment No. 2 contains no other changes in the basic terms and
conditions of the Agreement and incurs no cost to Dallas County;
NOW THEREFORE, by execution of this Amendment No . 2, the Agreement is amended
hereby with respect to the items and features described in the Articles below.
I.
PURPOSE
The purpose of this Amendment is to amend the -effective term and fiscal year budget of the
Agreement without change to the basic terms and provisions. No other sections, provisions,
clauses or conditions of the Agreement are waived , deleted or changed hereby, and they shall
remain in full force and effect throughout the terro of the Agreement and any duly authorized
amendments.
II.
AMENDED PROVISIONS
A. The new term of the Agreement shall be October 1, 2014, through September 30, 2015.
HHW lnterlocal Agreement for FY2015 Amendment No. 2 Page 2 of 3
EXHIBrf A
B. The language contained in Paragraph 1 I Section rv. City Responsibilities shall be deleted in
its entirety and replaced with the following language:
1. "A sum not to exceed $ for disposal, setup,
operational, capital and transportation costs for HHW collection for residents of the City during
the period from October 1, 2014 through September 30, 2015.
a. Collection, setup, and disposal costs will be paid after-the-fact, based on actual usage by
the City at events and at the collection center.
b. Operational and capital costs shall be paid quarterly in advance.
c. In the event of early withdrawal, the operational and capital costs will not be pro-rated for
partial quarter participation but will become immediately due and payable in full."
C. The language contained in Exhibit C2014 of the Agreement entitled FY2014 HHW Program
Budget Summary shall be deleted in its entirety and shall be replaced with the attached Exhibit
C2015 entitled FY2015 HHW Program Budget Summary.
IN WITNESS WHEREOF, by their signatures below, the duly authorized representatives of
Dallas County and City of University Park, a member city of the Dallas Area Household
Hazardous Waste Network, do hereby agree and append this Amendment No. 2 to the
Agreement.
EXECUTED THIS the day of , 2014.
DALLAS COUNTY: CITY OF UNIVERSITY PARK:
BY: Clay Lewis Jenkins
BY: County Judge TITLE:
APPROVED AS TO FORM:
Craig Watkins
District Attorney
Theresa Guerra Snelson
Chief, Civil Division
BY: Frank Waite
Assistant District Attorney
* By law, the Dallas County District Attorney's Office may only advise or approve contracts or legal
documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf
of other parties. Our review of this document was conducted solely from the legal perspective of our
client. Our approval of this document was offered solely for the benefit of our client. Other parties
shou ld not rely on thi s approval, and should seek review and approval by their own respective
attorney(s)
HHW lnterlocal Agreement for FY20 15 Amendment o. 2 Page 3 of 3
EXHIBIT A
Exhibit C2015
FY2015 HHW PROGRAM BUDGET SUMMARY
This exhibit summarizes the total program funding for FY2015 as approved by the Dallas Area
Household Hazardous Waste Network at its regular meeting on April17, 2014, and replaces
the language contained in Amendment 1, Exhibit C2014 of the Household Hazardous Waste
Program lnterlocal Agreement that was authorized by Court Order 2012-1223.
Fixed Costs include personnel expense, operating costs, and capital budget, which are shared
by the Network cities based on single-family household projections published by North Central
Texas Council of Governments.
• Personnel Expense includes all HHW staff salaries and fringe .
• Operating Expense includes supplies, equipment, advertising, public education, volunteer
support, staff development, printing, postage, facility maintenance, utilities, and all other direct
programming costs.
• Capital Expense includes building repairs, equipment repair or replacement, mechanical
upgrades, and expansion projects.
Variable costs include estimated direct costs for collection and disposal of hazardous
household wastes, which vary according to actual usage and are indicated in the budget
summary for planning purposes only. Funding for actual collection, contract labor, and
disposal costs will be collected from the cities after the fact, on an as-used basis.
• Collection/Mobilization/Disposal Budget includes estimated costs for staging of events,
recycling services, waste containers, waste transportation, and disposal.
• Contract Labor Expense is for part-time, seasonal labor provided by the disposal vendor.
Budget adjustments made to the
Operational Budget during the term of
the agreement shall not result in a City
Funding amount that exceeds the
approved budget total shown herein .
The County may make line item
transfers within the operating budget
when these transfers do not exceed
$5,000. Budget adjustments in excess
of $5,000 must be approved by the
HHW Network. BUDGET SECTION
CITY FUNDING
FIXED COSTS (OPERATIONAL BUDGET)
Personnel Costs
Operating Costs
Capital Expense
Sub-Total
ESTIMATED VARIABLE COSTS
(COLLECTION I LABOR I DISPOSAL
BUDGET)
TOTAL PROGRAM BUDGET
$403,093
$ 225,475
$20,000
$625,568
$869,000
$1,517,568