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HomeMy WebLinkAboutRes 2019-11-651 Environmental Services ILACITY OF ANNA, TEXAS RESOLUTION NO. - 0 - l , 6>J I A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN AMENDMENT TO AN INTERLOCAL AGREEMENT FOR ENVIRONMENTAL SERVICES WITH COLLIN COUNTY 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 (the "City Council") has determined that the Agreement with Colin 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, in 2015, the City Council approved an Interlocal Agreement for environmental services inspections with the option to renew the Agreement for five (5) additional one (1) year periods; and WHEREAS, the City Council has found that it is in the best interest of the City and its citizens to authorize, ratify and approve the City Manager's execution of the said one (1) year renewal period; 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 Council hereby approves the Amended 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 12th day of November 2019. ATTEST: City Secretary Carrie Smith APPROVED: Mayor Nate Pike EXHIBIT "1" COUNIN Contract Amendment Four (4) COUNTY Vendor: City of Anna P.O. Box 776 Anna, TX 75409 Awarded by Court Order No.: Contract Amendment No.: 1 Court Order No. Contract Amendment No.: 2 Court Order No. Contract Amendment No.: 3 Court Order No. Contract Amendment No.: 4 Court Order No. Effective Date Contract No. Contract Office of the Purchasing Agent Collin County Administration Building 2300 Bloomdale Rd, Ste 3160 McKinney, TX 75071 972-548-4165 10/1/2019 2015-338 Interlocal Agreement for Environmental Services 2015-597-09-14 2016-818-10-24 2017-672-09-11 2019-066-01-28 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, 2019, through and including September 30, 2020. Total amount for fiscal year 2020: $12,008.00 15,010 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 OFA P.O. ox 76 Ann T 754 RE DATE: 2 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: CITY OF ANNA, TEXAS RESOLUTION NO. -,,o 'Ccs 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 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 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 111h day of August, 2015. ,.. CITY COUNCIL OF ANNA, TEXAS ATTEST: Je si Perkins, kti�g City Secretary RESOLUTION NO L/S'Ck-01� PAGE 'I OF 7 j INTERLOCAL ENVIRONMENTAL SERVICES AGREEMENT THIS AGREEMENT is entered into on the //11 day of I by and between the City of Anna ("Municipality"), and Collin County `County"), local governments of the 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 Reorganization Act, Chapter 121, Texas Health and Safety Code ("The Act"). 2. The Collin County, Environmental Health Care Services perforans public health functions that the County is authorized to perform including, but not limited ' to, environmental services to protect and promote public 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 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 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. SECTION 2. TERM 2.01 Term. The term of the Agreement shall commence on the ist day of October, 2015, and shall continuc in full force and effect through September 30, 2016. 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. RVICES 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 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 PROVISI The parties agree that the County may contract to perform sere identical to those specified on this Agreement for such additional g 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 Ba: Charge calculated as $.86 per each inhabitant of the Municipality determined by the most recent North Texas Council of Government population projections for the services to be performed under this Agreement. 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, 2015. 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 Initial Charge. The initial charge for services beginning October 1, 2015 and continuing through and including September 30, 2016 shall be 58,457.00 payable to Collin County in quarterly installments. This figure represents a population number of 10,571 inhabitants x $.80 per inhabitant. 5.03 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. 5.04 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. 5.05 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. 5.06 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 services. 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 indep the Municipality in performing services contemplated by this However, Municipality shall cause County to be listed as an additional inspired on Municipality's policies of insurance in connection with the County's potential liability for any claims arising from the services provided by County under this 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 municipality. SECTION 7. AMENDMENT This Agreement shall not be amended or modified other than in written agreement signed by the parties. SECTIONS. 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, 9. NOTICES 9.01 Dorms 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. 9.02 Addresses. ` All communication provided for in this Agreement shall be addressed as followed: (a) if to the County, to: Collin County Environmental Health Services 4690 Community, Suite 200 McKinney, Texas 75071 ; (b) if to Municipality, to: City of Anna 111 N. Powell Parkway P O Box 776. Anna, TX 75409-0776 Or such person at such address as may from time to tim given as provided in this Section 9. In addition, Notic Agreement by the Municipality shall be provided by 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 convenient reference and shall not modify, provision of this Agreement. ed in a notice nation of this ipality to the Agreement have been inserted for define, limit, or expand the express 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 the Agreement. SECTION 12. COUNTERPARTS This Agreement may be executed in counterparts, each which, shall be deemed an original 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. s //.%:f�i/.vi�i% "MUNICIPALITY" CITY >r A BY: TITLE: DATE: r rar u COLLIN COUNTY COLLINP, September 18, 2015 City of Anna Attn: City Secretary P.O. Box 776 111 N. Powell Parkway Anna, TX 75409 C OUNTY Re: Interlocal 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. Collin County Purchasing Encl. cc: Contract file