HomeMy WebLinkAboutC2005-589 - 10/11/2005 - Approved INTERLOCAL COOPERATION AGREEMENT
BETWEEN
THE crrY OF CORPUS CHRi8TI
AND
CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT
FOR THE
AFTER SCHOOL SNACK CHILD AND ADULT CARE FOOD PROGRAM
This Intedocal Coo~e[ulJon Agreement ('Agreement') is e~erad Into by and
between the City of Corpus Chdstl, a Texas home rule municipal corpo,a[;on ('CRy'),
acting through its duly aufl'~rlzed City Manager ("City Manager') or the City Manager's
designee, and the Corpus Christi Indei~x~clent School Dtatrlct ('Dl~zlct'), acting
through Its duly aultx)dzed Superintendent or the Supednter~clent'a designee, for pur-
poses of the Texas Intergovernmental Cooperation Act, Gova~nment Code, Chapter
791 as a~. to achieve efficiency in meeting Intergovemrnental responslbllltles.
WI-IEREAS, fl~e City Is sponsoring the Child and Adult Cam Food Program, e
federally-funded and state-edmlnla~,red program to provide after school ~'mcks to
school-age chlldran at approved after school program sites, ~,um October 1, 2005,
bhrough May 31, 2006; and,
WHEREAS, the District agrees to provide unl[Ized snack-sized meals, Inclusive
of milk or juice, to City for a f?xed fee.
NOW, THEREFORE, the City and District. In consideration of the mutual
covenants contalnad herein, agree as follows:
Section 1. Term. This Agreement begins October 1, 2005, and contlnuee through
May 31, 2006.
Section 2. Conaideratlon. The City shall pay the District $.55 per snack-sized meal
("Snack' or 'Snack,") provided to City by the District. The D;~,;ct will maintain Its food
service or~atlon at Its ractl~, which will be utilized for the pret~,uiJon and packing
of the Snacks, dudng the term of this Agrae~nent.
~ 3. Nutrition .a~urancea. The District shall ensure that each Snack wtll meet
the minimum nutrition value and content requlrame,n;~ currently mandated and as may
be hereafter promulgated by lhe Texas Depa[b,,ent of S~ai~ Health Services for
supplemental food components, in accordance with bhe Child and Adult Cam Food
Program - Child Cam Center Regulations, whL--'h am incorporated in this AOmeme~ by
reference as If fully set out herein.
( ('1.~11
2005-~89
10/I I/0~
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(A) Diublct must maintain full and accurate records which must Include the following:
Menu Records, which will Include the amount of food prepen~ and which
comply v~[h the requirements described In the Ch~ and Adult Cam Food
Program - Child Cam Canter Regulations that am Incorporated In this
Agreement by reference; and
(2)
Snack Records, which will include the dally number of Snacks delivered
by type and which comply with the requirements cleecrtbed In the Child
and Adult Care Food Program - Child Care Canter Regulations that are
incorporated In this Agreement by re;'urence.
(B)
District must provide rnonthly reports of Menu Records and Snack Records to
the Cltys Park and Recreation Director of Programs. or designee, within ten (10)
Ix~siness days following the ~ of ~ preceding month In which Snacks were
~C)
District must make all records and accounts pertaining to the Child and Adult
Cam Food Program available to re~s of the U.S. Department of
AgrlcuEum, the U.S. General Accounting Office, or the Texas Depad3Tmnt of
State Health Services for audit and admlnlsh,,IJva review at a reasonable time
and place.
(D)
District must retain the Menu Records and Snack Records for throe (3) yearn
plus ninety (90) days following the terminatk)n of this Agreement, or so long aa
an audit of the Menu Records, Snack Records, or both, Is In progress.
Sectlcm 5. Pro, ram Coordination. The Cltys Park and Recreation Director of
Programs. or the Director of Programs' designee, shall place a delhi order with the
District's Food Service Director, or the Food Set, ce Direc_to___r's designee, and must
specify the number of Snacks needed by type, the sites at which the Snacks are
needed, and ~e flrne by which the Snacks must arrive at each site.
Section 6. Food Service Employees. The District's food service employees ~11 ~
responsible for transporting and delivering the Snacks to each s~te. The D~tr~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 age~b~ shall not exercise any control nor aupervtNon
over District's food sarvlce employees at any time dudng the term of this Agreemer~
Se¢tl~n 7. Payment. The Dlstdct shall invoice the City on a mo,,U,ly basis for all
Snacks provided to ~ City by District. The City must pay the invoice within two
Fridays after receipt of same.
Section 8. Currant Revenue. All rnor~y spent for l~e Child and Adult Cam Food
Program must be spent out of currently available revenue of the City and Dtatrlct.
· ectJon ~. G~mn~nt~l ~rvlce. This Agreement Is between the City and the
[~ for th~ purpose of providing snacks at C~/~ns~n~d af~ school program sites
and Is not for the ber~ of any third party or indlv~:lual.
Section 10. Non-Ae~lgm~ent. Neither l~ls Agmernent, nor any Interest fl'tereln, 18
assignable or transferable, In whole or In part, directly or Indlrec'dy, without ~ prior
consent of the City and the District; however, this Agreement Is binding upon the perils
to this Agreement and their respective heim, successors, and asalgns.
Section 1 1. I.aw~. Both the City and District shall comply with all applicable Federal,
State, County, and local laws, ordinances, rules, and regulations pertaining to
Sec'ck~ 12. Modifications. No changes or modifications to thl~ Agreement may be
made, nor any pmvlNon waived, unless made In wdUng and signed by persons
authorized to sign agreements on behalf of eacfl party.
Section 13. ~everance Clauae. If forany reason any section, paragraph, subdivision,
clause, provision, phrase, or w~ord of fl31s Agreement Is held Invalid or uncon~k~lonal
by final Judgment of a court of competent Jurisdiction, It doe~ not effect any other
section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement.
for It la the definite Intent of this Agreement that every ~tlon, paragraph, auixflvtslon,
clause, provision, phrase, or word hereof be given full force and effect for ~ pu~.
Section 14. Entirety Clau~e. This Agreement and any documen~ Incorporated by
reference con~lLut~ th~ entire agreement b~w~en th~ C~ty 8n~ District. All other
agreements, promises, and representations, unless con[alned In b~ls Agreement, am
expressly revoked as the parties Intend to provide for a complete understanding, w~thln
the pmv~slons 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 DU .PUCATE, each of w~ich shall be conak:lemd an orlglrml, on
this the · I r}- day of ~_ _~'. ~ ~.L .~-~.~ ,200~.
DoyM D. Curtb
Chief, .N:lmlntatmtlve Law Section
For City Altomey
A'II'EST CORPU~ CHRI~'R INDEPENDENT
./-~ SCHOOL DI~rRJCT
Date:
By:.
I~Hom Coun~l
Corlxm Chrb~l lSD
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