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Home My WebLink AboutC2006-168 - 4/18/2006 - Approved INTERLOCAL AGREEMENT FOR FOOD ESTABLISHMENT PERMITTING SERVICES This interlocal cooperation agreement ("Agreement") is entered into between the Corpus Christi-Nueces County Public Health District ("Districf), a public health district organized under Chapter 122 of the Texas Health and Safety Code, and the City of Port Aransas ("Port Aransas"), a Texas home-rule municipal corporation, pursuant to the Interlocal Cooperation Act, Chapter 791, Texas Government Code. WHEREAS, for the protection of the general public's health, safety, and welfare, Port Aransas wishes to procure food establishment permitting services from the District; WHEREAS, the District has agreed to provide food establishment permitting ser- vices to Port Aransas NOW THEREFORE, the parties, in consideration of the mutual covenants and conditions contained in this Agreement, agree as follows: Section 1. Tenn. A. The original term of this Agreement is one year beginning on the latest date of execution by the parties. This Agreement terminates on the one year anniver- sary of the beginning date of this Agreement ("Termination Date"). B. This Agreement renews automatically each year without the necessity of further action by the District or Port Aransas for an additional term of one year ("Extended Term") effective immediately upon the Termination Date of the previous term, unless one of the parties desires to terminate this Agreement. C. If a party desires to terminate this Agreement, the terminating party must pro- vide written notice of the terminating party's intent not to renew to the non- terminating party at least 30 days prior to the then applicable Termination Date. D. Each effective Extended Term wi II be upon the same terms and conditions as initially provided in this Agreement, unless this Agreement has been amended in accordance with the provisions of this Agreement. Section 2. Obligations of District. A. The District shall inspect temporary and permanent food service establish- ments, retail food stores, mobile food units, and roadside food vendors ("Food Service Operations") within the corporate limits of Port Aransas, at the request of officials of Port Aransas, for the purposes of issuing an initial Food Service Operation permit, issuing a subsequent renewal of an active permit, and in order to oerform random inspections of Food Service Operations. 2006-168 04/18/06 Res0267..t2 Cih of PorI Aransa" B. The District shall perform random inspections of both permitted and non-permit- ted Food Service Operations and issue field correction notices to owners and operators found in violation. C. Following the issuance of a field correction notice, any owner or operator of a Food Service Operation that is determined by an inspector to be operating in violation of State law will be reported to officials of Port Aransas. D. The District shall provide all necessary equipment and personnel in order to per-form F oed Service Operation permitting services under the terms of this Agree-ment. Section 3. Obligations of Port Aransas. A. Port Aransas shall be responsible for requiring operators of Food Service Oper- ations within its corporate limits to submit an initial application for a food service permit to the Port Aransas City Hall. B. Upon review of the application by Port Aransas personnel, Port Aransas will notify the District so that an initial Food Service Operation inspection can be scheduled and performed. C. Port Aransas personnel shall be responsible for the prosecution of violations of State law by Food Service Operation owners and operators occurring within the jurisdiction of Port Aransas. District inspectors will provide Port Aransas per- sonnel with all necessary documentation that may be needed for the prosecu- tion of violations. Section 4. Inspections; Permits; Fees. A. All inspections will be conducted to determine compliance with the provisions of Chapter 437 of the Texas Health & Safety Code; Title 25, Chapter 229, of the Texas Administrative Code; applicable rules promulagated by the Texas Board of Health under State law; orders adopted by the District; and all other laws, regulations, and rules applicable to the operation of food service establishments in the State of Texas. B. Permit fees charged by the District will be in accordance with the schedule attached to and incorporated in this Agreement as Exhibit A. C. No fee will be charged for a Food Service Operation conducted by a taxing authority, such as a school district, whether local, State, or federal. D. For owners of permanent food service establishments, retail food stores, mobile units, and frozen dessert vendors, the permit will remain valid for a period of one year from the date of issuance. E. For owners of temporary food service establishments, the permit will remain valid for a period of 14 days from the date of issuance. F Permit fees will be collected directly from a food service owner or operator upon successful completion of an initial inspection and upon each subsequent renewal of an owner's active permit. Section 5. Notices. A. All notices, demands, requests, or replies provided for or permitted by a party under this Agreement must be in writing and delivered to the other party by any one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service; (3) by prepaid telegram; or (4) by deposit with an overnight express delivery service. B. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one (1 ) business day after transmission to the telegraph company or overnight express carrier. C. All such communications must only be made to the following: If to District: If to Port Aransas: Corpus Christi-Nueces County PHD Attn: Director P. O. Box 9277 Corpus Christi, TX 78469-9277 (361) 851-7200 City of Port Aransas Attn: Inspection Dept. 710 West Avenue A Port Aransas, TX 78373-4128 (361) 749-4111 D. Any party may change the address to which notices are sent by one of the methods set out in subsection C above. A change of address notification must be sent within ten days of the change. Section 6. Compliance with Laws. All parties agree to comply with all applicable city, State, and federal laws, regulations, and rules that may pertain to each parties' performance under this Agreement. lection 7. Current Revenues. Each party paying for the performance of governmental services pursuant to this Agreement must make those payments from current revenues available to the paying party. Section 8. Amendments. This Agreement may be amended only by written agreement signed by the Director of the Corpus Christi-Nueces County Public Health District ("Director") or the Director's designee and the City Manager of the City of Port Aransas or his designee. Section 9. Entirety Clause. This Agreement and any exhibits annexed hereto contain the entire understanding and agreement between the parties, and no oral statements or representations or prior written matter not contained in this Agreement shall have any force and effect. (EXECUTION PAGE AND EXHIBIT A FOLLOW) Executed in triplicate originals on this the day of t L (<t. ) ! ,2006. CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT 7 \1L..u- it. /~ ,'-~ ,,y-', /\-1/ r: Annette RodriqueZ Acting Director Approved as to legal form: r \." , ,- Approved as to legal form: ~- d- -0 tp i/~~b;~ Laura Garza-Jiminez County Attorney fj .' ~ J~ Elizabeth R. htuhdley Assistant City Attorney for the City Attorney , v ATTEST: CITY OF PORT ARANSAS, TEXAS \ , , 4'\ \^ ' ' >y )~ "-'-- Estler Arzola City Secretary ;~ .. "'.. \ '~ 'J".... " , ".~2;r'~ ~10.- Michael Kovacs City Manager Approved as to legal form: \~ "-T/:<~ '../ _ / Ml&1ael Morris City Attorney Q-e 5 Ozl, l.,!!::. ~ I ~II.I;' Ill' OOtINCR ---'fJ.1lJ2.t _.___ .A-? .."'..._.....~L ~rr.t'T A "'l k.-- EXHIBIT A PERMITS AND FEES The following fee schedule applies to permits issued under this Agreement: Penn anent food service or food processing establishments: Having more than fifty (50) employees... Having twenty-six (26) through fifty (50) employees... Having nineteen (19) through twenty-five (25) employees... Having nine (9) through eighteen (18) employees... Having four (4) through eight (8) employees... Having fewer than four (4) employees... Retail food stores: Mobile units: Frozen desserts: Temporary food service establishments: $300.00 285.00 225.00 170.00 140.00 85.00 85.00 85.00 70.00 35.00