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HomeMy WebLinkAboutRes 2007-07-01 ILA Environmental Health Care Services.pdfRESOLUTION NO.Q 0 0 i - 09-,'6 A RESOLUTION OF THE CITY OF ANNA,"IEXAS,� g 2 REQUESTING THAT THE COUNTY OF COLLIN INCLUDE THE CITY OF ANNA IN THE COLLIN ENVIRONMENTAL HEALTH CARE SERVICES PROGRAM AND AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE COMMISSIONERS' COURT FOR SAID PROGRAM. WHEREAS, the County of Collin, Texas, operates the Collin County Environmental Health Care Services, which is a local health department existing pursuant to the Local Public Health Reorganization Act, Chapter 121 of the Texas Health and Safety Code. WHEREAS, the Collin County Environmental Health Care Services perform public health functions that the County of Collin is authorized to perform including, but not limited to, environmental services to protect and promote public health; and WHEREAS, hiterlocal Cooperation Act, Chapter 791 of the Texas Government Code authorizes agreements to increase efficiency and effectiveness of local governments; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS; Section 1. The Commissioners' of the County of Collin are hereby requested to include the City of Anna in the Collin County Environmental Health Care Services Program. Section 2. An official copy of this resolution shall be forwarded to the Commissioners' Court for their consideration. Section 3. The Mayor of the City of Anna, is hereby authorized to enter into an Interlocal Agreement for participation in said program. PASSED AND APPROVED on the r% f' day ofJkj, 2007. Mayor E T: C�`fi� SCC/C%a !�tlWE� INTERLOCAL ENVIRONMENTAL SERV ES AGRLlVi S_ p s THIS AGREEMENT is entered into on the jLtbday of 6e 'Band between the City of Anna ("Municipality"), and Collin County ("County"), local governments of the State of Texas. RECITALS 1. The County operates the Collin County Environmental Health Care Services, which is a local health department established pursuant to the local Public Health Reorganization Act, Chapter 121, Texas Health and Safety Code ("The Act"). 2. The Collin County Environmental Health Care Services performs public health functions that the County is authorized to perform including, but not limited to, environmental services to protect and promote public health. 3. The Municipality desires to obtain certain environmental services from the County to be performed for Municipality's residents to their health and welfare. Therefore, under the authority of the Interlocal Cooperation Act, Chapter 791, Texas Government Code, the parties agree as follows: SECTION 1. DEFINITIONS 1.01 Environmental Services. The term "Environmental Services: means Services provided by the Collin County Environmental Health Department. These services shall include, but are not limited to: a. inspections of the day care facilities b. inspections of restaurants, schools and other food service facilities c. inspections of public swimming pools d. inspections of hotels and motels e. inspections of bed and breakfast establishments f. investigating any other environmental health complaints g. investigating complaints related to the activities listed in a -e above 1.02 Inspection. The term "Inspection" means an on-site examination to Determine whether the facility being inspected is in compliance with the Municipality's Standards. 1.03 Municipality Standards. The term "Municipality Standards" means state and local ordinances and regulations that have been adopted by the Municipality which are applicable to the facility being inspected. SECTION 2. TERM 2.01 Term. The term of this Agreement shall commence on the 1 st day of October, 2007, and shall continue in full force and effect for a period of one (1) year. At the County's option, and with approval by the Municipality, the Agreement may be renewed for five (5) additional one (1) year periods. 2.02 Termination. Either party may terminate this Agreement by giving ninety (90) days written notice to the other party. SECTION 3. SERVICES 3.01 Services to be Provided. The County agrees to provide to the Municipality's residents, on behalf of the Municipality, the Environmental Service or services required for the enforcement of state ordinances and regulations. 3.02 Time of Performance. The County agrees to perform the services required by the Municipality under this Agreement, within three (3) working days of receipt of any complaint or request by the Municipality. Provided however, the Municipality may request emergency inspections at their sole discretion and the County agrees to inspect accordingly. The applicant must request of the Municipality an inspection as defined in accordance with the City of Anna Food Service and/or Retail Food Store Ordinance as it exists or may be amended. 03 Notification to Municipality. The County agrees to notify the Municipality in writing on report forms provided by the Municipality of the results of the County's inspection within five (5) working days of the inspection. SECTION 4. NONEXCLUSIVITY OF SERVICE PROVISIONS The parties agree that the County may contract to perform services similar or identical to those specified on this Agreement for such additional governmental or public entities as the County, in its sole discretion sees fit. SECTION 5. COMPENSATION 5.01 Basic Charge. The Municipality shall pay the County a yearly Basic Charge calculated as $.80 per each inhabitant of the Municipality as determined by the most recent North Texas Council of Government population projections for the services to be performed under this Agreement. On an annual basis, the City will pay $5,680 to the County for providing the above mentioned services. This amount shall be due each year regardless of the amount of services performed by the County. The Basic Charge shall be paid by the Municipality each year in four (4) equal quarterly installments. The first installment shall be due on October 1, 2007. The remaining installments shall be due at three (3) month intervals from the date of execution of this Agreement and when the County submits an invoice to the City for the amount due. 5.02 Inspection Charge. In addition to the Basic Charge set out in Section 5.01, an Inspection Charge in an amount determined by the Collin County Commissioners' Court shall be collected by the County from the person receiving the services for each inspection performed by the County under the terms of this Agreement. The County shall bill the person receiving the service for the Inspection Charge. The Municipality shall be exempt from all charges made pursuant to this section. 5.03 Source of Payment, The Municipality agrees that payments which it is required to make under this Agreement shall be made out of the Municipality's current revenues. 5.04 Issuance of Permits. The Municipality and County agree that requests for services under this Agreement shall be made by the business or property owners. Complaints received by the Municipality shall also be referred to the County for services. The Municipality may further request inspections on its own initiative. SECTION 7. CIVIL LIABILITY Any civil liability relating to the furnishing of services under this Agreement shall be the responsibility of the County, except as herein provided. The parties agree that the County shall be acting as an independent contractor for the Municipality in performing services contemplated by this Agreement. The County shall hold the Municipality free and harmless from any obligation, costs, claims, judgments, attorney's fees, attachments, and other such liabilities arising from or growing out of the services rendered to the Municipality pursuant to the terms of this Agreement or in any way connected with the rendering of said services, except when the same shall arise because of the willful misconduct or negligence of the Municipality. SECTION 8. AMENDMENT This Agreement shall not be amended or modified other than in written agreement signed by the parties. SECTION 9. CONTROLLING LAW This Agreement shall be deemed to be made under, governed by, and construed in accordance with the laws of the State of Texas. Venue shall be in Collin County, Texas. SECTION 10. NOTICES 10.01 Form of Notice. Unless otherwise specified, all communications provided for in this Agreement shall be in writing and shall be deemed delivered, whether actually received or not, seventy-two (72) hours after deposit in the United States mail, first class, registered or certified, return receipt requested, with proper postage prepaid or immediately when delivered in person. 10.02 Addresses. All communication provided for in this Agreement shall be addressed as follows: (a) if to the County, to: Collin County Environmental Health Services 825 N. McDonald, Suite 170 McKinney, Texas 75069 (b) if to Municipality, to: City of Anna P.O. Box 776 Anna, Texas 75409 Or such person at such address as may from time to time be specified in a notice given as provided in this Section 10. In addition, Notice of Termination of this Agreement by the Municipality shall be provided by the Municipality to the County Judge of Collin County as follows: The Honorable Keith Self Collin County Judge Collin County Courthouse 210 S. McDonald Street McKinney, Texas 75069 SECTION 11. CAPTIONS The heading to the various sections of the Agreement have been inserted for convenient reference only and shall not modify, define, limit, or expand the express provision of this Agreement. SECTION 12. OBLIGATION OF CONDITION All obligations of each party under this Agreement are conditions to further performance of the other party's continued performance of its obligation under the Agreement. SECTION 13. COUNTERPARTS This Agreement may be executed in counterparts, each which, shall be deemed an original for all purposes. SECTION 14. SOVEREIGN IMMUNITY The parties agree that no party has waived its sovereign immunity by entering into and performing their respective obligations under this Agreement. SECTION 15. EXCLUSIVE RIGHT TO ENFORCE THIS AGREEMENT The County and the Municipality have the exclusive right to bring suit to enforce this Agreement, and no other party may bring suit, as a third -party beneficiary or otherwise, to enforce this Agreement. SECTION 16. PRIOR AGREEMENTS This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding of written or oral agreements between the parties requesting the services to be provided under this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. BY: TITLE: R Attested by:t I �� a Title _A dfh,,Ljf i `0414 t J n "MUNICIPALITY" CITY OF A, TE3 B_ -- E: � DATE: v