HomeMy WebLinkAboutC2009-360 - 9/29/2009 - ApprovedINTERLOCAL COOPERATION AGREEMENT
BETWEEN THE CITY OF CORPUS CHRISTI
AND CORPUS CHRIST! INDEPENDENT SCHOOL DISTRICT
CCISD
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
purposes of the Texas Interiocal 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, 2009 through June 3,
2010; 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 ~. Term. This Agreement begins Gctober 1, 2009, and continues through
June 3, 2010.
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 must maintain full and accurate records which must include the following:
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INDEXED
~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.
~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 X10} 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.
~D}District must retain the Menu Records and Snack Records for three ~3} years plus
ninety X90} 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 Em to ees. The District's food service employees shall be
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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 atCity-sponsored after school program sites
and is not forthe 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,
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Sec#ion 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, 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 porkies 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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EXE UTED I DUPLICATE, each of which shall be considered an original, on this the
y of , 2009.
ATTEST: CITY fdF CORPUS CHRISTI
Armando Chapa, City Secretary `A el .Escobar, City Manager
APPROVED AS TO LEGAL FORM ~' ~ ~~ , 2009.
..
Lisa Aguilar, istant City Attorney
For City Atto y
ATTEST:
By:
Name:
Title:
Date:
CORPUS CHRISTI INDEPENDENT SCHOOL
DISTRICT
By:
Name: D. Scott Elliff
Title: ~ Superintendent of Schools _ ~„
Date: ~ D'
APPROVED AS To LEGAL FoRI~ F4R CCISD this 8th day of Se tember, X009.
i ~
V
By:
Philip D. Fraissinet
Attorney for Corpus Christi 1SD
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