HomeMy WebLinkAboutOrdinance No. 98-1076· ORIGINAL
CITY OF THE COLONY, TEXAS
oRDINANCE NO.
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
WITH MR. WILLY ACURA FOR PROVISION OF HEALTH
INSPECTION SERVICES; ATTACHING THE APPROVED FORM OF
CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS:
SECTION 1. That the City Manager of the City of The Colony, Texas is hereby authorized
to execute on behalf of the City a contract with Mr. Willy Acufia for provision of health
inspection services. The approved form of contract is attached hereto as Exhibit "A", and made a
part hereof for such purposes.
SECTION 2. This Ordinance shall take effect immediately from and after its passage by the
City Council of the City of The Colony, Texas.
J~I,]LY PASS~;D AND APPROVED by the City Council of the City of The Colony, Texas
this /6~ay of /tk~//~-/44 Z~c'~ 19 98 .
APPROVED:
Mary Blab Watts~, Mayor
Patti A. Hicks, TRMC, City Secretary
APPROVED AS TO FORM:
C~~it ~(omey
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON
AGREEMENT
For and in consideration of the mutual terms, conditions and covenants herein
contained, the following agreement is entered into by and between Willy D. Acufia Consulting
Registered Sanitarian hereinafter referred to as" Sanitarian" and the City of The Colony, Texas,
hereinafter referred to as "City".
Willy D. Acufia ("Sanitarian") shall, during the entire term of'the Agreement, be construed
to be an independent contractor and shall receive no City benefits and nothing in this Agreement is
intended nor shall be construed to create an employer-employee relationship, a joint venture
relationship, or to allow City to exercise discretion or control over the professional manner in which
Sanitarian performs the services which are the subject matter of the Agreement; provided always
however that the services to be provided by Sanitarian shall be provided in a manner consistent with
all applicable standards and regulations governing such services. All insurance coverage, payroll tax
and withholding required for Sanitarian shall be the sole responsibility of Sanitarian.
Section I. The Sanitarian shall provide inspections of food service establishments in the City
of'The Colony by performing the following duties:
A. Report to the Inspections Department each day inspections are performed in the City.
B. Conduct Regular Compliance Inspections, Follow-up Inspections, Complaint
Investigations, and Plans Review for new or remodeled establishments on varying
days, including weekend; however, Sanitarian may be contacted at any time for, and
will promptly respond to, food-borne illness investigations.
1. Each establishment will be inspected routinely once per six (6) months, for
a total of two (2) routine/regular inspections per year.
2. Copies of all inspection reports will be the property of'the City and will
remain at the Inspections Department office.
3. A written report will be made to the City on a quarterly basis. Information
shall include locations inspected and conditions found.
C. The Sanitarian will be a legal agent of the City to enforce the Retail Food Service and
Food Service Establishment Ordinances.
D. The Sanitarian will provide his own transportation and technical tools.
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E. While Sanitarian is performing work pursuant to this Agreement, the City shall not
be liable to Sanitarian or those claiming by, through or under Sanitarian, for any
injury to or death of any person or persons or to the damage to or theft, destruction,
loss or loss of use of any property or inconvenience caused by casualty, theft, fire,
third parties, the condition of the City property, the performance of the work
contemplated hereby, or any other matter, regardless of whether the negligence of
City caused such loss in whole or in part.
F. Sanitman will keep current any certification, which he currently holds necessary to
serve as a Sanitarian.
Section II. The City shall:
A. Be responsible for the collection of permit fees and permit renewal fees based on the
information supplied by the Sanitarian; and R%Sstered food Service Manager Fees.
The City will maintain and file records for each food establishment.
B. Supply the Sanitarian with proper City identification.
C. Provide police and fire assistance as needed in certain circumstances.
Section III. Records
A. The Sanitarian shall keep complete and accurate records for the services performed
pursuant to this Agreement and any records required by law or government
regulation and shall make such records available to the City upon request.
B. The Sanitarian shall assure the confidentiality of any records that are required by law
to be so maintained.
C. The Sanitarian shall prepare and forward such additional or supplementary records
as City may reasonable request.
Section IV. Notices
Any notice required to be given pursuant to the terms and provisions hereof shall be in
writing and shall be sent first class mail to the City at:
Mr. Lanny Lambert
City Manager
City of The Colony
5151 N. Colony Blvd.
The Colony, Texas 75056
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And to Sanitarian:
Mr. Willy D. Acufia '
/.9,2_,Z"1 57~. [~r~,~e~ (n~_ ~: I ~-.~
Section V. Non-Assignment of Agreement.
Inasmuch as this A~eement is intended to secure the specialized se~ices of S~itafian,
S~it~m may not ~si~, transfer, delegate or sublet any interest or duty therein without the prior
written consent of the City and any such assigment, transfer, delegation or sublease without the
CiW's prior wfi~en consent shall be considered null and void.
Section VI. Venue
This agreement has been executed and delivered in the State of Texas and the validity,
enforceability and interpretation of any of the clauses of this Agreement shall be determined and
governed by the laws of the State of Texas. All duties and obligations of the parties created
hereunder are performable in Denton County and such County shall be the venue for any action or
proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
Section VII. Term of Agreement
This agreement will be in effect from November 15, 1998 through November 14, 1999.
Either party has the right to cancel the agreement with thirty (30) days written notice to the other
party. Renewal shall be at the option of the City of The Colony.
Section VIII. Fees for Services
The Sanitarian will charge the following fees for inspections as follows:
Current Number of Establishments in The Colony Multiplied by Cost Per Inspection:
Food Service Establishments = 52 X $75 = $3,900 X 2 Times Per Year = $7,800
School Related Food Service Establishments = 9 X $75 = $675 X 2 Times Per Year = $1350
Child-Care Facilities = 7 X $75 X 2 Times Per Year = $1050
(Grocery Stores: [Every department such as Deli, Meat, Seafood, Dairy, Produce, Grocery section,
etc. requires a separate inspection. Establishments of this type usually have five (5) departments])
Grocery Stores =4 X 5 departments X $75 x 2 Times per year = $3000
Total $13,200
(Includes follow-up compliance inspections as complimentary service)
Additional Fees:
The total charges do not include Food-Borne Illness complaint Investigations, Fire and Natural
calamities, and Plans Review Inspections. The charges for these types of inspections are as follows:
Food-Borne Illness Investigation = $40.00 per hour
Fire and Natural Calamities = $40.00 per hour
Plans Review includes initial inspection and pre-~.~ning inspection = $100.00
EXECUTED in duplicate originals on this the/_~lay of
_?,~3/.. 1998.
: CITY,OF THE COLON~, TEXAS
"~a~'y.(~bert, City Manager
ATTEST: /
Patti A. Hicks ~~I~Acufia
City Secretary ---/ Registerj~d Sanitarian #3193
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