HomeMy WebLinkAbout025958 RES - 09/21/2004A RESOLUTION
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AN
INTERLOCAL COOPERATION AGREEMENT WITH CORPUS CHRISTI
INDEPENDENT SCHOOL DISTRICT FOR THE AFTER SCHOOL SNACK -
CHILD AND ADULT CARE FOOD PROGRAM.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS,
THAT:
SECTION 1. The City Manager, or the City Manager's designee, is authorized to exe-
cute an Interlocal Cooperation Agreement with the Corpus Chdsti Independent School
Distdct for the After School Snack-Child and Adult Care Food Program. A copy of the
Agreement is attached as Exhibit A.
INTRODUCED AND PASSED by the City Council of the City of Corpus Christi, Texas,
on the ~IS'F day of September, 2004.
ATTEST:
Arm~tary
APPROVED: August 24, 2004
Doyle Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
CITY OF CORPUS CHRISTI
Corpus Christi, Texas
o~/,5¢ Day of .,~.t3x~ , 20
The above resolution was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kirmison
Jesse Noyola
Mark Scott
INTERLOCAL COOPERATION AGREEMENT
BETWEEN
THE CITY OF CORPUS CHRISTI
AND
CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT
FOR THE
AFTER SCHOOL SNACK CHILD AND ADULT CARE FOOD PROGRAM
This Interlocal Cooperation Agreement ("Agreement") is entered into by and
between the City of Corpus Christi, a Texas home rule municipal corporation ("City"),
acting through its duly authorized City Manager ("City Manager") or the City Manager's
designee, and the Corpus Christi Independent School District ("District"), acting
through its duly authorized Superintendent or the Superintendent's designee, for pur-
poses of the Texas Intergovernmental Cooperation Act, Government Code, Chapter
791, as amended, to achieve efficiency in meeting intergovernmental responsibilities.
WHEREAS, the City is sponsoring the Child and Adult Care Food Program, a
federally-funded and state-administered program to provide after school snacks to
school-age children at approved after school program sites, from October 1, 2004,
through May 26, 2005; and,
WHEREAS, the District agrees to provide unitized snack-sized meals, inclusive
of milk or juice, to City for a fixed fee.
NOW, THEREFORE, the City and District, in consideration of the mutual
covenants contained herein, agree as follows:
Section 1. Term. This Agreement begins October 1, 2004, and continues through
May 26, 2005.
Section 2. Consideration. The City shall pay the District $.55 per snack-sized meal
("Snack" or "Snacks") provided to City by the District. The District will maintain its food
service operation at its facility, which will be utilized for the preparation and packaging
of the Snacks, during the term of this Agreement.
Section 3. Nutrition Assurances. The District shall ensure that each Snack will meet
the minimum nutrition value and content requirements currently mandated and as may
be hereafter promulgated by the Texas Department of Human Services for supplemental
food components, in accordance with the Child and Adult Care Food Program - Child
Care Center Regulations, which are incorporated in this Agreement by reference as if
fully set out herein.
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Section 4. Record Keeping.
(A) District must maintain full and accurate records which must include the following:
(t)
Menu Records, which will include the amount of food prepared and which
comply with the requirements described in the Child and Adult Care Food
Program - Child Care Center Regulations that are incorporated in this
Agreement by reference; and
(2)
Snack Records, which will include the daily number of Snacks delivered
by type and which comply with the requirements described in the Child
and Adult Care Food Program - Child Care Center Regulations that are
incorporated in this Agreement by reference.
(B)
District must provide monthly reports of Menu Records and Snack Records to
the City's Park and Recreation Director of Programs, or designee, within ten (10)
business days following the end of the preceding month in which Snacks were
provided to City.
(c)
District must make all records and accounts pertaining to the Child and Adult
Care Food Program available to representatives of the U.S. Department of
Agriculture, the U.S. General Accounting Office, or the Texas Department of
Human Services for audit and administrative review at a reasonable time and
place.
(D)
District must retain the Menu Records and Snack Records for three (3) years
plus ninety (90) days following the termination of this Agreement, or so long as
an audit of the Menu Records, Snack Records, or both, is in progress.
Section 5. Program Coordination. The City's Park and Recreation Director of
Programs, or the Director of Programs' designee, shall place a daily order with the
District's Food Service Director, or the Food Service Director's designee, and must
specify the number of Snacks needed by type, the sites at which the Snacks are
needed, and the time by which the Snacks must arrive at each site.
Section 6. Food Service Employees. The District's food service employees shall be
responsible for transporting and delivering the Snacks to each site. The District's food
service employees will continue to be District employees for the term of this Agreement
and are, therefore, subject to the District's policies and regulations. The City's officers,
employees, representatives, and agents shall not exercise any control nor supervision
over District's food service employees at any time during the term of this Agreement.
Section 7. Payment. The District shall invoice the City on a monthly basis for all
Snacks provided to the City by District. The City must pay the invoice within two
Fddays after receipt of same.
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Section 8. Current Revenue. All money spent for the Child and Adult Care Food
Program must be spent out of currently available revenue of the City and District.
Section 9. Governmental Service. This Agreement is between the City and the
District for the purpose of providing snacks at City-sponsored after school program sites
and is not for the benefit of any third party or individual.
Section 10. Non-Assignment. Neither this Agreement, nor any interest therein, is
assignable or transferable, in whole or in part, directly or indirectly, without the prior
consent of the City and the District; however, this Agreement is binding upon the parties
to this Agreement and their respective heirs, successors, and assigns.
Section 11. Laws. Both the City and District shall comply with all applicable Federal,
State, County, and local laws, ordinances, rules, and regulations pertaining to this
Agreement and each party's respective performance thereunder.
Section 12. Modifications. No changes or modifications to this Agreement may be
made, nor any provision waived, unless made in writing and signed by persons
authorized to sign agreements on behalf of each party.
Section 13. Severance Clause. If for any reason any section, paragraph, subdivision,
clause, provision, phrase, or word of this Agreement is held invalid or unconstitutional
by final judgment of a court of competent jurisdiction, it does not effect any other
section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement,
for it is the definite intent of this Agreement that every section, paragraph, subdivision,
clause, provision, phrase, or word hereof be given full force and effect for its purpose.
Section 14. Entirety Clause. This Agreement and any documents incorporated by
reference constitute the entire agreement between the City and District. All other
agreements, promises, and representations, unless contained in this Agreement, are
expressly revoked as the parties intend to provide for a complete understanding, within
the provisions of this Agreement and its incorporated documents, of the terms,
conditions, promises, and covenants relating to each party's agreed performance.
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EXECUTED IN DUPLICATE, each of which shall be considered an original, on
this the ~::7~'5~- day of r-~~ 2004.
AT'rEST:
CITY OF CORPUS CHRISTI
Armando~
Geor~~Noe, City Manager, or
the City Manager's designee
o~yle D. Curtis~~
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
,2004.
ATTEST:
By:
Name:
Title:
Date:
CORPUS CHRISTI INDEPENDENT
SCHOOL DISTRICT
I
Title:~'q"~SupPrintPndPnt nf ~;rhnnlK
Date: September 14, 2004
APPROVED AS TO LEGAL FORM this '~J ~day
By:
Imelda Mart~
Attorney for Coq~us Christi Independent
School District
,2004.
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