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HomeMy WebLinkAboutRes 2014-10-02 ILA for Environmental Services.pdfCITY OF ANNA, TEXAS RESOLUTION NO. 2014-10-02 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY, TEXAS, AND THE CITY OF ANNA, TEXAS WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the City Council of the City of Anna, Texas ("City Council") has approved the Interlocal Agreement between Collin County and the City of Anna ("Agreement") concerning the provision of Environmental Services; and WHEREAS, the City Council has determined that the Agreement with Collin County, Texas (the "County") will benefit the residents of both the County and the City of Anna, Texas (the "City"); and WHEREAS, the City Council has determined that it is in the best interest of the City and its citizens to authorize, ratify and approve the City Manager's execution of said Agreement; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. The City of Anna City Council hereby approves the Agreement, attached hereto as EXHIBIT 1, incorporated herein for all purposes and authorizes the City Manager to execute same on its behalf. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 14th day of October, 2014. APPROVED: ATTEST: Chad acnes, Mayor Pro TemR!cretary, Natha Wilkison ee _ n a a Res. 2014-10-02 Environmental Services G9"9F 1.. 10-14-14 10-14-14 Office of the Purchasing Agent Collin County Administration Building COL L 1 N COUNTY Contract Amendment One (1) 2300 Bloomdale Rd, Ste 3160 4p, McKinney, TX 75071 972-548-4165 Vendor: City of Anna P.O. Box 776 Anna, TX 75409 Effective Date Contract No. Contract 10/1/2014 2013-419 Interlocal Agreement for Environmental Services Awarded by Court Order No.: 2013-693-09-16 Contract Amendment No.: 1 Court Order No. Contract Amendment No.: Court Order No. YOU ARE DIRECTED TO MAKE THE FOLLOWING AMENDMENT TO THIS CONTRACT Extend agreement for a one (1) year period as provided for in section 2.0 of the agreement. Agreement shall be in effect from October 1, 2014, through and including September 30, 2015. Total amount for fiscal year 2015: $8,200.00 10,250 residents x $.80 per resident. Except as provided herein, all terms and conditions of the contract remain in full force and effect and may only be modified in writing signed by both parties. ACCEPTED BY: (Print Name) CITY OF ANNA P.O. Box 776 Anna, TX 75409 SIGNATURE TITLE: DATE: ACCEPTED AND AUTHORIZED BY AUTHORITY OF COLLIN COUNTY COMMISSIONERS' COURT Collin County Administration Building 2300 Bloomdale Rd, Ste 3160 McKinney, Texas 75071 Michalyn Rains, CPPD, CPPB Purchasing Agent DATE: INTERLOCAL AGREEMENT FOR ENVIRONMENTAL SERVICES THIS AGREEMENT is entered into on the day of by and between the City of Anna ("MUNICIPALITY") and Collin County ("COUNTY"), local governments of the State of Texas. WITNESSETH WHEREAS, The County operates Collin County Development 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"); and WHEREAS, Collin County Development 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; and WHEREAS, The Municipality desires to obtain certain environmental services from the County to be performed for Municipality's residents to their health and welfare; and WHEREAS, the Interlocal Cooperation Act, Title 7, Chapter 791, Vernon's Texas Statutes and Codes Annotated (the "Act"), and the Constitution of the State of Texas, Article III, Section 64(b) (the "Constitution") specifically authorizes counties and other political subdivisions comprised or located within the county, to contract with one another for the performance of governmental functions and/or services required or authorized by the Constitution, or the laws of this State, under the terms and conditions prescribed in the Act; and WHEREAS, the functions and/or services contemplated to be performed by Collin County, Texas, as set out herein, are governmental functions and/or services contemplated by the terms of the Act and are functions and/or services which each of the parties hereto have independent authority to pursue, notwithstanding this Agreement; and WHEREAS, both the county and the political subdivision named herein are desirous of entering into this Interlocal Cooperation Agreement, as is evidenced by the resolutions or orders of their respective governing bodies approving this Agreement which are attached hereto and made a part hereof. NOW, THEREFOR, This AGREEMENT is hereby made and entered into by and between Collin County, Texas, a political subdivision of the State of Texas, and the City of Anna, a political subdivision of the State of Texas, which is wholly or partially located within Collin County, Texas. Consideration for this Agreement consists of the mutual covenants contained herein, as well as any monetary consideration, which may be stated herein. This agreement is as follows, to wit: 1. DEFINITIONS 1.1 Environmental Services: The term "Environmental Services" means Services provided by Collin County Development Services. These services shall include, but are not limited to: A. inspections of 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 1.2 Inspection:, The term "Inspection" means an on-site examination to determine whether the facility being inspected is in compliance with the Municipality's Standards. 1.3 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. II. TERM 2.1 Term: The term of this Agreement shall commence on the 1st day of October, 2014, 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. 2.2 Termination: Either party may terminate this Agreement by giving ninety (90) days written notice to the other party. Ill. SERVICES 3.1 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. 3.2 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. 3.3 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. IV. 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. V. COMPENSATION 5.1 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. 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, 2014. 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. 5.1.1 Initial Charge: The initial charge for services beginning October 1, 2014 and continuing through and including September 30, 2015 shall be $8,200.00 payable to Collin County in quarterly installments. This figure represents a population number of 10,250 inhabitants X $.80 per inhabitant. 5.1.2 Future Charges: Future charges shall be submitted to the Municipality in the form of a contract amendment and will detail the population number used to formulate the charge for services. 5.2 Inspection Charge: In addition to the Basic Charge set out in Section 5.1, 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. 5.3 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. 5.4 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. VI. 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. VII. AMENDMENT This Agreement shall not be amended or modified other than in written agreement signed by the parties. Vill. 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. IX. NOTICES 10.1 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. 10.2 Addresses: All communication provided for in this Agreement shall be addressed as follows: (A) If to the County, to: Collin County Development Services 4690 Community Ave, Ste. 200 McKinney, Texas 75071 (B) If to Municipality, to: City of Anna 111 N. Powell Parkway PO Box 776 Anna, TX 75409-0776 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 Jack Hatchell Administration Building 2300 Bloomdale Rd, Ste. 4192 McKinney, Texas 75071 X. 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 X11. 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. XII. COUNTERPARTS This Agreement may be executed in counterparts, each which shall be deemed an original for all purposes. XII1. SOVEREIGN IMMUNITY The parties agree that no party has waived its sovereign immunity by entering into and performing their respective obligations under this Agreement. XIV. 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. XV. PRIOR AGREEMENTS SUPERSEDED 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. "COUNTY" COLLIN COUNTY, TEXAS BY: TITLE: DATE: Attested by: Title: "MUNICIPALITY" CITY BY: TITLE: ® !�° DATE: _.® Attested by: —A&, Title: I/ October 15, 2014 Office of the Purchasing Agent Collin County Administration Building 2300 Bloomdale Rd., Ste. 3160 McKinney, Texas 75071 Re: Interlocal Agreement for Environmental Services Dear Ms. Davis: Enclosed are three signed Interlocal Agreements for Environmental Services Upon completion please return a fully executed copy of the Amendment to Natha Wilkison, City Secretary, for the City of Anna's files. Should you have any questions, please feel free to contact me at (972) 924-3325, ext. 207. Sinc ely, N tha Wilkison City Secretary City of Anna encl. CITY OF ANNA, TEXAS 111 N. POWELL PKWY. P.O. BOX 776 ANNA, TEXAS 75409-0776 PHONE 972-924-3325 FAX 972-924-2620 www.annatexas.gov