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Home My WebLink AboutC2010-141 - 5/11/2010 - ApprovedINTERL~CAL AGREEMENT FQR FORD ESTABLISHMENT PERMITTING SERVICES This interlocal cooperation agreement {"Agreement") is entered into between the Corpus Christi-Nueces County Public Health District ["District"), a public health district organized under Chapter 122 of the Texas Health and Safety Code, and the City of Bishop ["Bishop"~, a Texas Type A General Law municipali#y, pursuant to the Interlocal Cooperation Act, Chap#er 191, Texas Government Code. WHEREAS, for the protection of the general public's health, safety, and welfare, Bishop wishes to procure food establishment permitting services from the District; WHEREAS, the ^istrict has agreed to provide food establishment permitting 5ervice5 t0 Bishop; NOW THEREFORE, the parties in consideration of the mutual covenants and conditions contained in this Agreement, agree as follows: Section 'I. Term. A. The ^riginal term of this Agreement is one year beginning on the latest date of execution by the parties. This Agreement terminates on the one year anniversary 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 Bishop far an additional term of one year {"Extended Term") effective immediately upon the Termination Date of the pervious term, unless one of the parties desires to terminate this Agreement. C. If a party desires to terminate this Agreement, the terminating party must provide written notice of the terminating party's intent not to renew to the non- terminating party at least 3fl days prior to the then applicable Termination Date. D. Each effective Extended Term will 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. ~laligations of District. A. The District shall inspect permanent food service establishments, retail food s#ores, mobile food units, and roadside food vendors ["Food Service ~perativns"} within the municipal limits of Bishop, at the request of officials of Bishop, for the purposes of issuing an initial Food Service ^peration permit, issuing a subsequent renewal of an active permit, and in order to perform random inspections of Food Service Operations. 2010.14 Page t of b Res. 028952 05/11110 Health District & City of Bishop ~NVEI~O B. The District shall perform random inspections of both permitted and non- permitted Fovd Service Operations and issue field correction notices to owners and ^perators 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 inspec#vr to be operating in violation of State law will be reported to officials of Bishop. D. The District shall provide all necessary equipment and personnel in order #o perform Foad Service operation permitting services under the terms of this Agreement. Section 3. Obligations of Bishop. A. Bishop shall be responsible far requiring operators of Food Service Operations within its municipal limits to submit an initial application for a food service permit to the Bishop City Hall. B. Upon review of the application by Bishop personnel, Bishop will notify the District so that an initial Food Service Operation inspection can be scheduled and performed. C. bishop personnel shall be responsible for the prosecution of violations of State law by Favd Service Operation owners and ^peratars occurring within the jurisdiction of Bishop. District inspectors will provide Bishop personnel with all necessary documentation that may be needed for the prosecution of viola#ions. D. Bishop will remain responsibfe for inspection of temporary food service vendors at church, charity, yr community fairs and events. 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 Cade; applicable rules promulgated 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 ^istrict 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 Foad Service ^peration conducted by a taxing authority, such as a school district, whether local, State, or federal. Page 2 of b ^. 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. Far owners of any temporary food service establishments within the District's area of responsibility described in 2 A above the permit wilE remain valid for a period of 14 days from the date of issuance. F. Permit fees will be collected directly by the ^istrict from a food service owner ar operator upon successful completion of an initial inspection and upon each subsequent renewal of an owner's active permit. Bishop wilt have n^ liability to the District for the permit fees. bishop will have no responsibility for cvlfecting fees charged by the District, other than as may occur incidentally in connection with the prosecution of violations under Section 3 C. above. Section 5. Notices. A. All notices, demands, requests, or replies provided for ar 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 depvsi# with the United States Pasta[ Service; {3} by prepaid #elegram; or {4} by deposit with an overnight express delivery service. 6. 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 tv the following: If t0 ^15tf ICt: Corpus Christi-Nueces County PHD Attn: Director P. d. Box 9277 Corpus Christi, TX 78469-9277 {361)859-72Q0 If to bishop: City of Bishop Attn: Director of Public Works P. ~. Box 35fi Bishop, TX 78343 {351 } 584-2557 D. Any party may change the address to which notices are sen# by one of the methods set out in the subsection A above. A change of address notification must be sent within ten days of the change. Page 3 of b Section fi. Compliance with Laws. All parties agree to comply with all applicable City, State, and federal laws, regulations, and rules that may pertain to each party's performance under this Agreement. Section 7. Current Revenues. If any party is obligated to pay for the performance of governmental services pursuant to this Agreement, those payments must be made from current revenues available tv the paYin9 party. Section 8. Amendments. This Agreement may be amended only by written agreement signed by the ^irector of the Corpus Christi-Nueces County Public Health ^istric# ~"Director"} ar the Uirecto-'s designee and the Mayor of the City of Bishop 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. ~E]CECUTICN PAGE AN^ E7CHIgIT A FOLLO1Ny Page 4 of b Executed in triplicate originals ^n this the ~ day of ~trhq- ~ ~~, ~fi69- CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT g~ o ~iuTlw~l1.~ ~ r~F ~ ~atrxCll...~..5.~r.[~.,. Annette Rodriguez,IKp~ ....~.~, ~-~ director ~ ~ ~~ 7 ~ SECRETR~Y ~- Approved as to legal farm: ~ I Approved as to legal farm: J r ~7 ~1~ t Elizab f R. Hundley Assis t City Attorney for the City Attorney Contreras City La aGarza-Jimenez County Attorney CITY ^F BISHOP, TEXAS Victor Ramas Mayor Approved as to legal farm: 7128109 Gerald L. Benadum City Attorney, City of Bishop Imc:SishoplMisc:7l28l09:AGREEMENT-Food Establishment Permitting Services 8-4 Page 5 of 6 ExHiBiT a PERMITS AN^ FEES The following fee schedule applies to permits issued by the ^istrict under this Agreement: Permanent food service or food processing estabNshments: Having more than fifty {5Q} employees... $3DD.Ofl Having twenty-six {2fi} through fifty {5Q} employees... $285.DD Having nineteen {19} through twenty-five {25} employees... $ZZ5AD Having nine {9} through eighteen {18} employees... $17D.DD Having four (~} through eight {8} employees... $1~D.DD Having fewer than four {4} employees... $ 85.OD Retail food stores: $ 85.OD Mobile units: $ 85.DD Frozen desserts: $ l0•DO Temporary food service establishments: $ 35•DD Page 5 of b