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HomeMy WebLinkAboutItem 07 - Health Services InspectionsITEM 3 "M....., TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL FROM: ROGER NELSON, CITY MANAGER /e�V MEETING DATE: APRIL 20, 2004 SUBJECT: INTERLOCAL AGREEMENT WITH TARRANT COUNTY PUBLIC HEALTH FOR HEALTH SERVICES INSPECTIONS RECOMMENDATION Staff recommends City Council approve a contract for Health Services with Tarrant County Public Health. BACKGROUND INFORMATION In an effort to provide enhanced health inspection services, staff has been involved in extensive conversations with Tarrant County Public Health for the past several months. During these meetings, it was determined that Tarrant County can deliver a superior product to that which we are currently receiving from the City of Euless. If approved, Tarrant County Public Health will provide food service (including day care) and public swimming pool inspections. Tarrant County provides food service inspections for all cities in the county except the Cities of Ft Worth, North Richland Hills, and Euless. Tarrant County provides a minimum of two inspections per year (more if warranted). All health inspection staff of Tarrant County Public Health are State Registered Sanitarians; Euless currently has none. Tarrant County has also committed to provide detailed reports to Grapevine on a monthly basis. Additionally, the annual permit fees charged by Tarrant County are comparable with those currently charged by the City of Euless (see attached comparison of fees for a cross section of facilities). Lastly, Tarrant County Public Health works hand in hand with the Center for Disease Control so any outbreaks of food related illness would receive the immediate coordinated attention of both entities. Tarrant County Public Health is no longer under the supervision of the City of Fort Worth. Staff is confident that the level of service and professionalism offered by Tarrant County would be of immediate benefit to the businesses and citizens in Grapevine. Attached is the fee comparison between the City of Euless and Tarrant County, as well as the proposed contract with Tarrant County Public Health, and amendments to Chapter 12 Health and Sanitation of the Grapevine Code of Ordinances. The proposed amendments to Chapter 12 are relative to changes from the City of Euless to Tarrant County Public Health. If approved, Tarrant County would begin the administration of health services effective May 1, 2004. o:\sw\councilmemos\2004\healthO42004 1 April 15, 2004 0 1 :10AM) • t ♦ . • ' •.. A .. A0 1 111111 Kamm . O '. INSPECTION TYPE TARRANT COUNTY CITY OF EULESS FOOD STORE <_ 5,000 square foot $200 $235 > 5,000 square foot $300 $235 FOOD SERVICE <_ 500 square foot $100 $235 > 500s 1,500 square foot $150 $235 > 1,500 :!� 3,000 square foot $200 $235 > 3,000 _< 6,000 square foot $250 $235 > 6,000 square foot $300 $235 CHILD CARE FOOD SERVICE $150 $100 CATERING OPERATION $250 $235 FOOD COURT(per establishment $200 $235 ADJUNCT OPERATION(per inde endent operation) Food Service $150 $235 Food Store < 5,000 square foot $150 $235 Food Store > 5,000 square foot $200 $235 COMMISSARY No foodprep$100 $235 With food prep $200 $235 MOBILE UNITS Prepackaged food only $100 $125 Open and/or food prep $200 $125 Push Carts $200 $125 PLAN REVIEW <_ 500 square foot $p $0 > 500 <_ 3,000 square foot $50 $0 > 3,000 square foot $100 $0 SWIMMING POOLS $150 $200 FOOD HANDLERS FEE $10 * $10 LATE FEES From 1-30 days 10% of fee owed $0 From 31-60 days 20% of fee owed $0 The late fee increases 10% for each 30 day block until permit fee and late fee is paid. Permits that are more than 90 days overdue will be required to be reapplied for. * $5.00 if issued by an approved outside vendor 0ASMHEALTHIcomparision two.doc 04114/04 8:08 AM RESTAURANT SQUARE FOOT TARRANT COUNTY EULESS FOOD SERVICE Steak Escape 690 150 235 Sbarros 1,000 150 235 Weinber ers 1,243 150 235 Snooty Pig 1,500 150 235 Wings n thins 1,700 200 235 Cafe Italia 1,900 200 235 Ta In 2,363 200 235 McDonalds 5,406 250 235 Chilis 5,995 250 235 Buffet Grapevine 10,560 300 235 Joe's Crab Shack 11,372 300 235 Trail Dust 14,604 300 235 AVERAGE: 216 235 O:\SW\HEALTH\compadsion tc.euless.doc 04/14/04 8:08 AM x ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES BY AMENDING CHAPTER 12, HEALTH AND SANITATION; REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH SEPARATE OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine is authorized to adopt ordinances to protect the health, safety, and welfare of its citizens; and WHEREAS, the City of Grapevine has determined that it is a necessity to regulate the activities and entities as provided for herein to safeguard the public; and WHEREAS, the City of Grapevine is authorized by law to adopt the provisions contained herein, and has complied with all prerequisites necessary for the passage of this Ordinance; and WHEREAS, the City has determined that an amendment of Chapter 12, Health and Sanitation, of the Code of Ordinances is in the best interest of the City, and its citizens. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. All matters stated in the preamble are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. That Chapter 12 Health and Sanitation, Article I, Division 1 Food Establishments, Section 12-2 is hereby amended to read as follows: "Sec. 12-2. Designation of health authority. The city designates the Gity of EuIe Heath %ePA e-6 Tarrant County Public Health as its health authority for the purpose of ensuring minimum standards of environmental health and sanitation within the scope of that department's function." Section 3. That Chapter 12 Health and Sanitation, Article 1, Division 1 Food Establishments, Section 12-3 Definitions, Health Services is amended to read as follows: "Sec. 12 — 3. Definitions. Health services: City of Euless Health Departrn Tarrant County Public Health." Section 4. That Chapter 12 Health and Sanitation, Article 1, Division 2 Amendments/Ad ministration, Sections 12-5 (c) and (e) are amended to read as follows: "Sec. 12-5. Food Handler Card Required (c) Every food service or food establishment shall have available on the premises at all times the food handling card of each employee for inspection, and if requested, shall provide the City of Euless HealtI4 Tarrant County Public Health with documentation of the date of employment of any employee of the establishment. (e) Every card issued shall remain effective for a period of tAK)--three years at the discretion of health services and may be renewed upon successful completion of additional approved refresher courses and payment of renewal fees. Food handler cards are the property of the person named thereon and must be returned by employers to such person upon cessation of employment." Section 5. That Chapter 12 Health and Sanitation, Article 1, Division 2 Amendments/Administration, Section 12-6 is amended to read as follows: "Sec. 12-6. Food Handling Class Required — Food Handler Card In order to receive a food handler card, every person owning, employed by, or otherwise connected with a food establishment whose work brings him/her into contact with food, utensils or food service equipment shall be required to attend a food handling class held by health services before a food handler card will be issued. An approved food management protection training program as required by V.T.C.A., Health and Safety Code Ch. 438, Subch. D, as amended, may be substituted for the course provided by the City of Eule6E; Health SePA,oma -Tarrant County Public Health." Section 6. That Chapter 12 Health and Sanitation, Article 11, Day Care Centers, Section 12-32 is hereby amended to read as follows: "Sec. 12-32. Designation of health authority. ORD. NO. 2 "The city designates the City of Euless Health SeNiGes Tarrant County Public Health as its health authority for the purpose of ensuring minimum standards of environmental health and sanitation within the scope of that department's function." Section 7. That Chapter 12 Health and Sanitation, Article II, Day Care Centers, Section 12-34 Health Department and Health Department Permit are hereby amended to read as follows: "Sec. 12-34. Definitions. Health department: The City Euless Health SeNi Tarrant County Public Health (Code services). Health department permit: A certificate issued by the City of Euless H^^1+t, Se ices Tarrant County Public Health upon application and inspection of a day care center which at the time of issuance complied with applicable city ordinances." Section 8. That Chapter 12 Health and Sanitation, Article III, Public Swimming Pools, Section 12-63 is hereby amended to read as follows: "Sec. 12-63. Designation of health authority. The city designates the City -of-Euless Health Se^N;G8s Tarrant County Public Health as its health authority for the purpose of ensuring minimum standards of environmental health and sanitation within the scope of that department's function." Section 9. That Chapter 12 Health and Sanitation, Article III, Public Swimming Pools, Section 12-64 is hereby amended to read as follows: "Sec.12-64. Definitions Health services: City of Euless Health Departm Tarrant County Public Health." Section 10. That Chapter 12 Health and Sanitation, Article IV Fees, is hereby amended in its entirety and replaced with the following: "Sec. 12-83. Food and food services establishments Food Store _< 5.000 square feet $200.00 > 5,000 square feet $300.00 ORD. N4. 3 Food Service <_ 500 square feet $100.00 * 50051,500 square feet $150.00 * 1,500 5 3,000 square feet $200.00 * 3,000:5 6,000 square feet $250.00 >6,000 square feet $300.00 Child Care Food Service $150.00 Catering Operation ---0 Food Court (per establishment) $200.00 Adjunct Operation Food Service (per independent operation) $150.00 Food Store <_ 5,000 square feet (per independent operation) $150.00 Food Store > 5,000 square feet (per independent operation) $200.00 Commissa No food prep $100.00 With food prep 200.00 Mobile Units Prepackaged food only $100.00 Open and/or food prep $200.00 Push Carts 200.00 Plan Review :5 500 square feet $0.00 * 500<_ 3,000 square feet $50.00 * 3,000 square feet $100.00 Public Swimming Pools $150.00 Late Fee From 1-30 days 10% of fee owed From 31-60 days 20% of fee owed The late fee increases 10% for each 30 day block until permit fee and late fee is paid. Permits that are more than 90 dans overdue will be required to be reapplied r If -MM Section 11. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00) for each offense and a separate ORD. NO. 4 offense shall be deemed committed each day during or on which an offense occurs or continues. Section 12. All ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect. Section 13. If any section, subsection, sentence, clause or phase of this ordinance shall for any reason be held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section 14. The fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, on this the 20th day of April, 2004. ATTEST: ORD. NO. 5 STATE OF TEAS § AGREEMENT BETWEEN THE CITY OF § GRAPEVINE AND TARRANT COUNTY § FOR THE INSPECTION AND PERMITTING § OF FOOD ESTABLISHMENTS AND SWIMMING POOLS COUNTY OF TARRANT § IN THE CITY OF GRAPEVINE 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 GRAPEVINE 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 GRAPEVINE Food Establishment and Public Swimming Pool Inspection Program Services for the public health protection of its residents, ii1*11411*141,1114*4 60.0 1:01 1 * 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 GRAPEVINE, a municipal corporation situated in Tarrant County, Texas, hereinafter called "City", acting herein by and through William D. Tate, 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 Public Health Department. 2. 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. 3. The Tarrant County Public 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 Public 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 GRAPEVINE. 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 Public Health Department shall notify the CITY OF GRAPEVINE about this action. 4. The City agrees to maintain during the period of this agreement ordinances which: adopt the current Texas Food Establishment Rules25 TAC sec.229.161 - 229.171, 229.173 - 229.175 (Rules), designate the Medical Director / Health Authority of the Tarrant County Public 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 as agreed upon; assign to the Tarrant County Public 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 "Standards for Public Swimming Pool and Spa", TAC Title 25, ',-_)Chapter 265, Subchapter K, 25 TAC, designate the Medical Director / Health Authority of the Tarrant County Public 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 as agreed upon; assign to the Tarrant County Public 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 Public 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 GRAPEVINE 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 .: mOounty Commissioners Court and shall continue until canceled by either party with a inimum of 90 days written notice to the other 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. The city agrees to pay a single, non -reoccurring charge of $17,376. No additional funds or money shall be due to Tarrant County from the City as a result of this Agreement. Tarrant County shall receive its 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 day of 2004 in Tarrant County, Texas CITY • GRAPEVINE STATE • TEXAS • • TARRANT By: By: William D. Tate Tom Vandergriff Mayor County Judge Date: Date: ----------------------------------------------------------------------------------------------------------- APPROVED AS TO FORM: APPROVED AS TO FORM*: By: By: City Attorney County Legal Advisor Date: Date: ----------------------------------------------------------------------------------------------------------- ATTEST: ATTEST: By: By: City Secretary Date: Date: *By law, the District Attorney's Office may only advise or approve contacts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client.. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s).