HomeMy WebLinkAboutC2008-364 - 9/23/2008 - ApprovedINTERLOCAL 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 Interiocal 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 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, afederally-funded
and state-administered program to provide after school snacks to school-age children at
approved after school program sites, from October 1, 2008 through June 3, 2009; 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. Tenn. This agreement is effective on and covers the period from October 1, 2008
through June 3, 2009.
Section 2. Consideration. The City shall pay the District $.65 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 Agriculture 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 will maintain full and accurate records which must include the following:
(1) 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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CCISD
(B) District will provide monthly reports of Menu Records and Snack Records to the City's Park
and Recreation Director of Programs, or deslgnee, within ten (10) business days following the
end of the preceding month in which Snacks were provided to City.
(C) District will 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.
(D) District will retain the Menu Records and Snack Records for three (3) years plus ninety (gD)
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 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. Nothing in this agreement shall waive any
immunities, defenses, or other legal protections afforded the City or District as govemmental
entities.
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Section 12. Modifications. No changes or mod cations to this Agreement may be made, or
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 wmplete 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 I D PLICATE, each of which shall be considered an original, on this the ,~
day of ¢,t- , 2008.
ATTEST: CIT1rOF CORPUS CHRISTI
Armando Chapa, City cretary g R. Escobar, Interim City Manager
APPROVED AS TO LEGAL FORM ~~• I S , 2008. S. d~~g(o , AUTNORRED
Lisa Aguii ,Assistant City Attorney
For City Attorney
ATTEST:
By: _
Name:
Title:
n CadMri~ ..f?.q~23.~~8
SECRETARY ~'
CORPU RISTI INDEPENDENT SCHOOL DISTRICT
By:
Name: D. Scott Elliff
Title: Superintendent of Schools
Date: Date:
APPROVED AS TO LEGAL FORM this ~i`~day of e
By: ~ y:
hilip Fraissi t Bria ray .P
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Attomey for Corpus Christi ISD Dir torfo u c asin and Distribution
2008.