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
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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).