Item 4T - Proposed Interlocal AgreementINTERLOCAL AGREEMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
This Interlocal Agreement is between TARRANT COUNTY ("COUNTY"), and the CITY
OF ("City").
WHEREAS, CITY is requesting the COUNTY's assistance in providing
❑ Food establishment inspection program services
❑ Public swimming pool and spa inspection program services
❑ Both Food establishment and Public swimming pool and spa inspection
program services
WHEREAS, the Interlocal Cooperation Act contained in Chapter 791 of the Texas
Government Code provides legal authority for the Parties to enter into this Agreement.
WHEREAS, the Commissioners Court of the COUNTY finds this Agreement service a
public purpose.
NOW, THEREFORE, the COUNTY and CITY agree as follows:
TERMS AND CONDITIONS
1. COUNTY RESPONSIBILITY
The COUNTY shall provide
Food establishment inspection program services:
• Provide services, through Tarrant County Public Health, to all public food
establishment located within the corporate limits of the CITY;
• Plan review and conduct Health opening approval inspection, routine
inspection, follow-up inspections, complaint investigations;
• Provide certification of establishment for issuance of health permits;
• Notify the CITY of violations of the current rules or rules as amended by
the Executive Commissioner of Health and Human Services
Commission found in 25 Texas Administrative Code, Chapter 228,
regarding the regulation of food establishments;
• Provide appropriate signs to be posted at public food establishment that
do not meet the required standards;
• Document program activities within the CITY via periodic reports;
• Collect fees from the inspected establishment;
• Inform CITY, in writing, of any fee schedule changes immediately
following Tarrant County Commissioner's Court approval; and
• When required by law, verify food establishment manager training and
food handler training and certifications.
For Public swimming pool and spa inspection program services:
• Provide services, through Tarrant County Public Health, to all public and
semi-public swimming pools, spas, and interactive water features
located within the corporate limits of the CITY;
• Plan review and conduct Health opening approval inspection, routine
inspection, follow-up inspections, complaint investigations;
• Provide certification of establishment for issuance of health permits;
• Notify CITY of violations of current rules or rules as amended by the
Executive Commissioner of the Health and Human Services
Commission for Standards for Public Pools and Spas (Texas
Administrative Code, Title 25, Chapter 265, Subchapter L), Public
Interactive Water Features and Fountains (Texas Administrative Code,
Title 25, Chapter 265, Subchapter M) and Pool Yard Enclosures (Texas
Health and Safety Code Chapter 757);
• Provide appropriate signs to be posted at public swimming pool and spa
establishment that do not meet the required standards;
• Document program activities within the CITY via periodic reports;
• Collect fees from the inspected establishment;
• Inform CITY, in writing, of any fee schedule changes immediately
following Tarrant County Commissioner's Court approval; and
• When require by law, verify pool operator training certification.
2. CITY RESPONSIBILITY
For Food establishment inspection program services
• Adopt the current rules or rules as amended by the Executive
Commissioner of the Health and Human Services Commission found in
25 Texas Administrative Code, Chapter 228, regarding the regulation of
food establishments;
• Designate the Medical Director of Tarrant County Public Health
Department as the Health Authority for the purposes of this agreement;
• Require all food establishments within the corporate limits of the CITY
to maintain a valid health permit;
• Agree all health permits fees are enforceable within thirty (30) days of
approval of the Tarrant County Commissioner's Court;
• Revise CITY code/ordinance, where applicable, to adopt changes to the
fees;
• Inform Tarrant County Public Health Manager for Environmental Health
when code/ordinance are modified and when the updates are complete;
• Assign Tarrant County Public Health authority to collect health permit
fees from permit applicants; and
• When required by law, require facilities to have certified food mangers
and food handlers.
For Public swimming pool and spa inspection program services
• Adopt the current Texas Health and Safety Code, Title 5, Subtitle A,
Chapter(s) 341.064, 341.0645 and 341.0695; Texas Health and Safety
Code, Title 1, Chapter 1 Section 1.005, and Texas Health and Safety
Code, Tile 9, Subtitle A, Chapter 757;
• Adopt the current rules or rules as amended by the Executive
Commissioner of the Health and Human Services Commission for
Standards for Public Pools and Spas (Texas Administrative Code, Title
25, Chapter 265, Subchapter L), Public Interactive Water Features and
Fountains (Texas Administrative Code, Title 25, Chapter 265,
Subchapter M) and Pool Yard Enclosures (Texas Health and Safety
Code Chapter 757);
• Designate the Medical Director of Tarrant County Public Health as the
Health Authority for the purposes of this agreement;
• Require all public and semi-public swimming pools/spas within the
corporate limits of the CITY to maintain a valid health permit;
• Agree all Health permit fees are enforceable within thirty (30) days of
approval of the Tarrant County Commissioner's court;
• Revise CITY code/ordinance, where applicable, to adopt changes to the
fees;
• Inform Tarrant County Public Health Manager for Environmental Health
when code/ordinance are modified and when the updates are complete;
• Assign Tarrant County Public Health authority to collect health permit
fees from permit applicants;
• Be responsible for enforcement of the CITY's ordinances; and
• When required by law, require facilities to have certified pool/spa
operators.
3. CITY ENFORCEMENT
If during an inspection of a food facility, pool or spa, Tarrant County Public
Health Department personnel notices a violation of the CITY's code, the Tarrant
County Public Health Department shall notify the appropriate City official. The
CITY shall be responsible for the enforcement of the CITY's health ordinances.
The COUNTY shall make available for testimony COUNTY personnel whose
testimony may be required to support such enforcement action in accordance
with the procedures established by CITY MUNICPAL COURT for the
appearance of law enforcement officers.
4. NO WAIVER OF IMMUNITY
This Agreement does not waive COUNTY rights under a legal theory of
sovereign immunity.
5. THIRD PARTY
This Agreement shall not be interpreted to inure to the benefit of a third party
not a party of this Agreement. This Agreement shall not be interpreted to waive
any statutory or common law defense, immunity, or any limitation of liability,
responsibility or damage of any party to this Agreement, party's agent or party's
employee, otherwise provided by law.
6. EXCLUSION OF INCIDENTAL DAMAGES
Independent of, severable from, and to be enforced independently of any other
enforceable or unenforceable provision of this Agreement, NEITHER PARTY
WILL BE LIABLE TO THE OTHER PARTY NOR TO ANY PERSON CLAIMING
INCIDENTAL, CONSEQUENTIAL, SPECIAL PUNITIVE, OR EXEMPLARY
DAMANGES OF ANY KIND, including lost profits, loss of business, or other
economic damage and further including injury to property, mental anguish, or
emotional distress.
7. JOINT VENTURE & AGENCY
The relationship between the parties to this Agreement does not create a joint
venture between the parties. The Agreement does not appoint any party as
agent for the other party.
8. GOVERNING LAW AND VENUE
This Agreement shall be interpreted under the laws of State of Texas. The
venue for any lawsuit arising out of this Agreement will be in the Fort Worth
Division of the Northern District of Texas if the lawsuit arises in Federal Court
or Tarrant County, Texas if the matter arises in State Court.
9. ASSIGNMENT
This Agreement shall not be assigned or transferred and that any attempt to
assign or transfer this Agreement or any of its rights or obligations shall be null
and void.
10. SEVERABLITY
If any court determines any provision in this Agreement is invalid, void, or
unenforceable, the remaining provisions will nevertheless continue in full force
and effect.
11.COMPLAINCE WITH LAWS
In providing the services required by the Agreement, CITY must observe and
comply with all applicable federal, state, and local statues, ordinances, rules
and regulations, including, without limitation, worker's compensation laws,
minimum and maximum salary and wage statutes and regulations, and non-
discrimination laws and regulations. CITY shall be responsible for ensuring its
compliance with any laws and regulations applicable to its business, including
maintaining any necessary licenses and permits.
12. EFFECTIVE DATE
This Agreement become effective when signed by the last party whose signing
makes the Agreement fully executed.
13.TERM
This Agreement shall begin upon the approval of both the City Council and the
Tarrant County Commissioner's Court and shall continue until canceled by
either party with a minimum of 90 days written notice to the other party.
14.AMENDMENT
No amendment, modification or alternation of the terms of this Agreement shall
be binding unless the same is in writing and signed by both parties.
15.TERMINATION
Either party may terminate this Agreement without cause by providing written
notice of intent to terminate at least ninety (90) days prior to the intended date
of termination. Written notice of intent to terminate shall be sent by certified
mail, return receipt requested, to the other party at its address:
Addresses:
Tarrant County Public Health
Attn: Environmental Health Division Manger
1101 S. Main St.
Fort Worth, Texas 76104
Executed this day of
CITY of
By: _
Name:
Title:
CITY:_
Attn :
Address:
20
STATE OF TEXAS
COUNTY OF TARRANT
in
Tim O'Hare
County Judge
Date: Date:
APPROVED AS TO FORM:
By:
Name:
Title:
Date:
APPROVED AS TO FORM:
By:
Name:
Title:
Date:
ATTEST: ATTEST:
By:
By:
Name:
Name:
Title:
Title:
Date:
Date:
DESCRIPTION OF SERVICES EH FEE SCHEDULE
CONSUMER HEALTH
Special Fund: F2:
Annual Public Pool & Spa permit fee
$ 315.00
Pool Plan Review & Opening Inspection**
$ 200.00
Contractual Inspections - School Districts (avg $150 per site visit)**
$ 150.00
Food Service Permit: less than 500 sq. ft.
$ 400.00
Food Service Permit: >500 =<less than 1500 sq. ft.
$ 500.00
Food Service Permit: >1500 =<less than 3000 sq. ft.
$ 600.00
Food Service Permit: >3000=<less than 6000 sq. ft.
$ 700.00
Food Service Permit: >6000 sq. ft. or above
$ 800.00
Food Service Permit: Adjunct Food Service
$ 500.00
Food Service Permit: Adjunct Food Store - <less than 5000 sq. ft.
$ 500.00
Food Service Permit: Adjunct Food Store - >5000 sq. ft. or above
$ 600.00
Food Service Permit: Catering Operation
$ 700.00
Food Service Permit: Child Care Facility
$ 500.00
Food Service Permit: School Cafeteria w/ Contract
$ 250.00
Food Service Permit: Commissary (non -prep)
$ 400.00
Food Service Permit: Commissary (prep.)
$ 600.00
Food Service Permit: Food Court
$ 600.00
Food Service Permit: Mobile Unit (prepackaged)
$ 400.00
Food Service Permit: Mobile Unit (preparation of food)
$ 600.00
Food Service Permit: Mobile Unit (push cart)
$ 600.00
Farmers Market
$ 100.00
Food Store: <less than 5000 sq. ft.
$ 600.00
Food Store: >5000 sq. ft. or above
$ 800.00
Food Late Fee: 1-30 days
10%, of fee
Food Late Fee: 31-60 days
20%, of fee
Food Late Fee: 61-90 days
30'Yo of fee
Plan Review: >1500 sq. ft. or above
$ 200.00
Plan Review: <1500 sq. ft. or below
$ 100.00
Temporary Food Establishment 1-5 Days**
$ 35.00
Temporary Food Establishment 6-14 Days
$ 70.00
Required/Requested Reinspection
$ 75.00
MISCELLANEOUS - CONSUMER/ENVIRONMENTAL HEALTH
No Fee Changes, Fund: PH-T04
Duplicate Permits**
$ 15.00
—indicates no fee increase