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Item 4T - Existing Interlocal AgreementoFFICIA -�-r)Rn STATE OF TEXAS COUNTY OF TARRANT WHEREAS the governing bodies of the parties herein finds the following agreement in the best interest of the citizens they serve and WHEREAS Article 3, Section 64 of the Texas Constitution and Chapter 791 of the Texas Government Code authorize Counties and Cities in the State of Texas to contract with one another for the performance of various governmental functions and services including those in the areas of public health and welfare and WHEREAS TARRANT COUNTY and the CITY OF SOUTHLAKE pursuant to the Constitution and the laws of the State of Texas desire to make and enter into a contract whereby Tarrant County will make available to the CITY OF SOUTHLAKE Food Establishment and Public Swimming Pool Inspection Program Services for the public health protection of its residents, NOW, THEREFORE KNOW ALL MEN BY THESE PRESENTS: TARRANT COUNTY, hereinafter called "County", acting herein by and through TOM VANDERGRIFF, duly authorized COUNTY JUDGE as directed by the Commissioners Court of Tarrant County, and the CITY OF SOUTHLAKE, a municipal corporation situated in Tarrant County, Texas, hereinafter called "City", acting herein by and through RICK STACY, its duly authorized MAYOR, do hereby covenant and agree as follows: 1. The County hereby makes available to the City for the protection of its residents Food Establishment and Public Swimming Pool Inspection Program Services through the Tarrant County Health Department. 2. The Tarrant County Health Department will provide its services to all food establishments and public swimming pools located within the corporate limits of said City during the term of this agreement. The Tarrant County Health Department agrees to provide appropriate signs to be posted at public food establishments and public swimming pools or spas that do not meet the standards of the Health Department as specified in the ordinances of the CITY OF SOUTHLAKE. Such signs shall state that the facility does not meet Health Department standards and shall contain such other information as needed to inform the public that the facility has failed to meet health standards. Tarrant County Health Department shall notify the CITY OF SOUTHLAKE about this action. 3. The said services shall consist of a food establishment and public swimming pool inspection program, certification of establishments for issuance of health permits, collection of fees, notification to the City of violations of health ordinances, documentation of program activities within the City in periodic reports, and where legally required by ordinance, approval of food establishment manager training, food handler training and pool operator training and certification. 4. The City agrees to maintain during the period of this agreement ordinances which: adopt the current Texas Board of Health 'Rules on Food Service Sanitation" and "Rules on Retail Food Store Sanitation"; designate the Director of the Tarrant County Health Department as Health Authority for the purposes of this agreement; require all food establishments within corporate limits to maintain a valid health permit; adopt health permit fees of $150.00 annually for each food service and retail food establishment that engages in food preparation, $100.00 annually for each retail food establishment that does not engage in food preparation, and $35.00 for each temporary food establishment; assign to the Tarrant County Health Department the authority to collect health permit fees from permit applicants; and require food establishments to have certified managers and food handlers when required by law. 5. The City agrees to maintain during the period of this agreement ordinances which: adopt the current Texas "Minimum Standards of Sanitation and Health Protection Measures", Title 5, Chapter 341, Subchapter D, Section 341.064 of the Texas Health and Safety Code and "Design Standards for Public Swimming Pool Construction", 25 TAC, Chapter 337, Sections 337.71 through 337.96; designate the Director of the Tarrant County Health Department as Health Authority for the purposes of this agreement; require all public swimming pools and spas within the corporate limits to maintain a valid public swimming pool permit; adopt public swimming pool permit fees of $100.00 annually for each public swimming pool and spa; assign to the Tarrant County Health Department the authority to collect public swimming pool permit fees from permit applicants; and require facilities to have certified pool operators when required by law. 6. If during inspection of a food facility, pool or spa, Tarrant County notices a violation of the City's code, the Tarrant County Health Department shall notify the appropriate City official. The City shall be responsible for enforcement of the City's health ordinances. County employees whose testimony may be required for such enforcement pursuant to the Agreement shall present themselves for testimony in any such enforcement action taken by the City in accordance with the procedures established by SOUTHLAKE'S MUNICIPAL COURT for the appearance of law enforcement officers. 7. This agreement shall begin upon the approval of both the City Council and the Tarrant County Commissioners Court and shall continue until canceled by a minimum of 90 days written notice from either party. 8. The County is an independent contractor under the terms of this agreement and is not an officer, agent, servant, or employee of the City. No employee of the County shall be an officer, agent, servant, or employee of the City as a result of this Agreement. 9. No funds or money shall be due to Tarrant County from the City as a result of this Agreement. Tarrant County shall receive its total payment for services provided from the collection of permit fees as stated within this Agreement and as authorized by ordinance of the City. The City shall immediately notify the County of any change in fees as authorized. EXECUTED this (iay of� 1996 in Tarrant County, Texas CITY OF SOUTHLAIKE By: K STACY, MAYOR Date: ' Likh liA/ 7. PROVUD AS TO FORM AND LEGALITY ?. (kiz 1'� city Date /Skb4rj AT1 By: 14 COUNTY OF TARRANT STATE/OF TEXAS Bv: TOM VANDEYGPRF, CO Date: APPROVED O FO �P" Legal Advisor