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
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city
Date /Skb4rj
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By:
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COUNTY OF TARRANT
STATE/OF TEXAS
Bv:
TOM VANDEYGPRF, CO
Date:
APPROVED O FO
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Legal Advisor