HomeMy WebLinkAbout027341 RES - 07/24/2007RESOLUTION
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN
INTERLOCAL COOPERATION AGREEMENT WITH THE CORPUS
CHRISTI INDEPENDENT SCHOOL DISTRICT FOR THE AFTER
SCHOOL SNACK — CHILD AND ADULT CARE FOOD PROGRAM
AM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager, or designee, is authorized to execute an
Interlocal Agreement with the Corpus Christi Independent School District for the
after school snack — child and adult care food program. A copy of the agreement
in substantial form is attached.
SECTION 2. This Resolution shall take effect and be in full force immediately after its
adoption by the City Council.
ATTEST:
Armando Chapa
City Secretary
APPROVED: July 12, 2007
e._,,,',
Lisa Aguilar
Assistant City Attorney
For City Attorney
THE CITY OF CORPUS CHRISTI
Henry Garr
Mayor
027341
H:\LE -DIF \Lisa\Resolution 200ACCISD After School Snacks.doc
Corpus Christi, Texas
12-141 of JOy , 2007
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel]
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
027341
Page 1 of 3
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
A
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 illlanager ("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 purposes of the Texas Interlocal
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 August 27, 2007 through May 29, 2008; 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 August 27, 2007, and continues through May 29,
2008.
Section 2. Consideration. The City shall pay the District $.59 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 Health and Human Services Commission 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.
Section 4. Record Keeping.
(A) District must maintain full and accurate records which must include the following:
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 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.
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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 State Health Services for audit and
administrative review at a reasonable time and place.
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 tong 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 Fridays after receipt
of same.
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.
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Section 12. Modifications. I e changes or modifications to this Agreement may be made,
r 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 affect 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.
EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the
day of , 2007.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary George K. Noe, City Manager
APPROVED AS TO LEGAL FORM June 19, 2007.
Lisa Aguilar, Assistant City Attorney
For City Attorney
ATTEST: CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT
ICT
By: By:
Name: Tare:
Title: Title:
Date: Date:
APPROVED AS TO LEGAL FORM this day of , 2007.
By:
Attorney for Corpus Christi ISD
I-I:ILE-DIR1Lisa\Park and Rec 2007\CCISD Interlocal Agmt After School Snack Grant.doc