HomeMy WebLinkAboutRes 2015-08-02 2015 ILA for Environmental Services.pdfCITY OF ANNA, TEXAS RESOLUTION NO. ~Ofb"-()g~ O ~ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT FOR ENVIRONMENTAL SERVICES BETWEEN COLLIN COUNTY, TEXAS, AND THE CITY OF ANNA, TEXAS WHEREAS, the lnterlocal 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 has determined that the Agreement with Collin County, Texas (the
"County") to provide environmental services inspections 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 11th day of August,
2015.
ATTEST:
g City Secretary
CITY COUNCIL OF ANNA, TEXAS RESOLUTION NO dOIS'...-o~-o~ PAGE 1OF1
J
INTERLOCAL ENVIRONMENTAL SERVICES AGREEMENT THfS AGREEMENT is entered into on the i tfh day of _u~~~ between the City of Anna ("Municipality"), and Collin Co unty governments of th e State of Texas. RECITALS I. The County operated the Collin County Environmental Health Care Services, which is a local health department established pursuant to the local Public Health Reorgani zation 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 desire 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 79 1,
Texas Government Code, the parties agree as follows:
SECTION 1. DEFINITIONS
1.0 I Environmental Services . The tenn "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 ofrestaurants, schools and other food service fac ilities
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
l .02 Inspection . The tenn "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.
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SECTION 2. TERM 2.0 l Te rm. T he te rm o f th e Ag r ee m e nt s h a ll c o m m ence o n th e I s t d ay o f Octo be r, 2015 , and shall continue in full fo r ce and e ffec t throu g h September 30, 2016. At the County's o pti o n, and with appro va l by the Municipality, the Agreement may be rene\\'ed for five (5) additional o ne (I) year period s . 2.02 Termination. Eith e r party m ay te rmin ate thi s Ag ree m ent by g iv in g n ine ty (90) days written notice to the other patty.
SECTION 3 . SERVICES
3.01 Services to be Provided. The County agre es to provide to the
Municipality's residents , on behalf o f the Municipa lity , the
Environmental Service or services required for the enforcem ent of
state ordinances and regul a tions.
3.02 Time of Performance. The County agrees to perform the services
required by the Municipality under this Agreement, w ithi n three (3)
working days of receipt of any complaint or request by the
Muni c ipality . Provided however, the Municipa lity may request
emergency inspections at their sole discretion an d the County agrees to
inspect accord ingly. The applicant must request of the M unicipality
an inspection as defined in accordance with the C ity of Anna Food
Service and/or Retain Food Store Ordinance as it exists or may be
amended.
3.03 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.
SECTIONS 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 T e xas Council of Government
population projections for the service s to be performed under this
Agreement. The Basic Charge shall be paid by the Municipality each
year in four ( 4) equ a l quarterly installments. The first installment shall
be due on October 1, 2015. The remaining installments shal l be due at
three (3) month inte rvals from the d ate of exec uti o n o f thi s Agree men t a nd whe n the C ounty s ubmits an i nvo ice to the C ity for th e a m o unt du e . 5.02 [nitial Charge . T h e in iti al c h a rge for ser v ices beginnin g O cto ber l , 2 015 a nd continuing through and includin g Se pte mbe r 30 , 20 l 6 s hall b e SS.457.00 payable t) Co llin County in qua1icrl y in sta llm e nt s. -1 his figure represents a popu la tion number o f 10 ,5 7 l inhabitants x $.80 per inhabitant. 5 .03 Future Charges. Future charges shall be submitted to the Municipality in t h e form of a contract amendme nt and \Viii detail the population
number us e d to formul ate the ch a rg e fo r se rvi c e s .
5.04 Inspection Charge. In addition t o the Bas ic Ch a rge set out in S e ction
5.01, an Inspe ction Charge in an amount determined by th e C ollin
County C ommissione rs ' Court sha ll be coll ected by th e County from
the person rece iv ing the s ervice s for each in sp e ction performed by the
County under the terms of this Agreement. The County shall bill the
person receiving the service for the [nspection Charge. The
Municipality shall be exempt from all charges made pursuant to this
section.
5.05 Source of Payment. The Municipality agrees that payments which it is
required to make under this Agreement sha ll be made out of the
Municipality's current revenues.
5.06 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 service s. The Municipality may further
request inspections on its own initiative.
SECTION 6. CIVIL LIABILITY
The parties agree that the County shall be acting as an inde pendent contractor for
the Municipal ity in performing services contemplated by this Agreement.
However, Municipality shall cause County to be listed as an additional insured on
Municipality's policies of insurance in connection with the County's potential
liabil ity for any claims arising from the services provided by County under thi s
Agreement, it being understood that while County is acting as an independent
contractor in performing such services, it is doing so under the Municipality 's
direction and control and for the benefit of the munic ipality.
SECTION 7. AMENDMENT
This Agreement shall not be amended or modified other than in written agreement
signed by the parties.
SECTION 8. CONTROLLING LAW Th is Agreem ent shall be d ee med to be mad e und er , go ve rn ed by, and co nstrue d in accordan ce with th e la ws o f th e State o f Te xas . Venu e s ha ll be in Collin Co unt y, T exas. SECTION 9. NOTICES 9.01 Forms of Notice. Unl ess otherwise sp ecified, all communications provided for in this Agreeme nt sh a ll be in w rit ing a nd shall be de emed deliv ered ,
whether actually rece ived or not, se venty-two (72 ) hours after de posit in
the United States mail, first class, registered or certified , return receipt
requested, with proper postage prepaid or immediate ly when d e li vered in
person.
9.02 Addresses. All communication provided for in this Agreement shall be
addressed as follo wed:
(a) if to the County, to:
Collin County Environmental Health Services
4690 Community, Suite 200
McKinney, Texas 7507 I
(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 9. 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 Administration Building
2300 Bloomdale Rd., Suite 4192
McKinney, Texas 75071
SECTION 10. CAPTIONS
The heading to the various sections of the Agreement ha ve been inserted for
convenient reference and shall not modify, define, limit, or expand the express
provision of this Agreement.
SECTION 11. 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 th e Agreement. SECTION 12. COUNTERPARTS This Agreement may be executed in counterparts, each which, shall be deemed an or iginal for all purposes .
SECTION 13. 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 14. EXCULSIVE 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 15. 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.
"COUNT~"
COLLI
BY: ~...,,p£'4ff.-~~1<.-::--f--:,,__~~~~~
TITLE: __,~~~~,}J.A~~--
DA TE:
Attested by:~
Title: Qd ~ . C..
"MUNICIPALITY"
BY· ·· CITY!~~ T!TL~
DATE: I 14
•• *: COLLIN COUNTY September 18, 2015 City of Anna
Attn: City Secretary
P.O. Box 776
111 N. Powell Parkway
Anna, TX 75409
Re: lnterlocal Agreement for Environmental Services
Office of the Purchasing Agent 2300 Bloomdale Road Suite 3160 McKinney, Texas 75071 www .collincountytx.gov
Please find one (1) fully executed copy of the referenced Interlocal Agreement for your files.
Should you have any questions, please feel free to contact me at (972) 548-4122 or by e-mail at
judydavis@co.collin.tx.us.
Encl.
cc: Contract file
.)