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Home My WebLink About14645 ORD - 12/06/1978TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH ANN MARIE ALLEN, A NUTRITIONIST, TO PROVIDE PROFES- SIONAL CONSULTATION FOR THE ELDERLY NUTRITION PROGRAM. THE CONSULTANT WILL WORK EIGHT HOURS PER WEEK AT TEN DOLLARS PER HOUR BEGINNING DECEMBER 1, 1978, AND EX- TENDING THROUGH NOVEMBER 30, 1979, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH MARKED EXHIBIT "A" IS ATTACHED AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be and he is hereby authorized to sign a contract with Ann Marie Allen, a nutritionist, to provide profes- fessional consultation for the Elderly Nutrition Program. The consultant will work eight (8) hours per week at ten dollars ($10.00) per hour, begin- ning December 1, 1978, and extending through November 30, 1979, as more fully set forth in the contract, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. The necessity to authorize the City Manager to sign a contract for a nutritionist for the Elderly Nutrition Program creates a public emergency and imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such emergency and necessity to exist, and having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and of r its passage, IT IS ACCORDINGLY SO ORDAINED, this the day of 1978, ATTEST: j,,Pi'tY Secretary' APPROVED: DAY 0 ,,� J. BRU;CCEEE AY�COCK, CITY ATTORNEY iii+ By /�`"" Jut d Assistan 14645 STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES ) THIS AGREEMENT entered into on the day of 1978, by and between the City of Corpus Christi, 302 South Shoreline, Corpus Christi, Texas, hereinafter referred to as the "CITY ", and Ann Marie Allen, 6002 Grassmere, Corpus Christi, Texas, hereinafter referred to as the "CONSUL- TANT". The CITY and CONSULTANT, therefore, as the parties to this Agreement, do mutually agree as follows: Article I CONSULTANT The CONSULTANT, as a private citizen, convenants and agrees to provide the professional services as hereinunder described in the Scope of Services in Article II of this Agreement. Article II SCOPE OF SERVICES The CONSULTANT agrees to undertake, perform and complete in an expedient, satisfactory and proper manner all of the professional services required by this Agreement for the Title VII Elderly Nutrition Program. CONSULTANT shall perform such services in coordination with the - Director of Senior Community Serivices. The scope of the Title VII Elderly Nutrition Program will include individual tasks as follows: 1 - Menu Preparation 1.01 Development of Cycle Menus. Several cycles of menus will be developed, analyzed and submitted to the State Nutritionist for approval. Menus must be submitted to the Director of Senior Community Services prior to submission to the State. 1.02 Evaluate Menus. Existing cycle menus are to be evaluated and improved in order to maintain recommended daily allowances as required. 1.03 Kitchen Procedures. Study and review existing procedures used in the kitchen and offer recommendations for improvement to the Director of Senior Community Services. 1.04 Nutrition Education. A. Provide training and technical assistance and materials to staff related to nutrition education. B. Establish curriculum and provide materials for the delivery of nutrition education to center participants in at least five congregate meal sites. Article III TIME OF PERFORMANCE CONSULTANT agrees to commence work within seven (7) calendar days after this Agreement has been executed. The work shall be undertaken and completed within twelve calendar months from the effective date of this contract. Total number of hours to be completed under this contract is not to exceed eight hours per week or 416 hours during the contract period. Article IV REPORTS The CONSULTANT will provide written monthly progress reports on all work performed to the Director of Senior Community Services no later than the 20th day of each month. Article V COMPENSATION The CONSULTANT shall be paid'at the rate of $10.00 per hour. Article VI METHOD AND SCHEDULE OF PAYMENT The CONSULTANT will submit to the CITY on or before the 20th day of each month, commencing the month following the approval date shown on this Agreement, a progress report and an invoice itemizing the number of hours worked, both the re- port and invoice to cover the previous calendar month. The CONSULTANT shall maintain cost records for work undertaken in accord with Article II, Scope of Services. -2- Article VII THE AGREEMENT 1 - Termination. It is agreed that the CITY may cancel or terminate this Agreement by giving 30 days written notice by certified mail to the CON- SULTANT, with the understanding that, following receipt of written notice of termination, all work shall cease within 30 days. It is agreed that the CONSULTANT may cancel this Agreement under the same terms applicable to the - CITY. In the event of such termination prior to completion of the Scope of Services provided herein, CITY agrees to pay CONSULTANT for work actually performed and invoiced in accordance with the terms of this contract. 2 - Nonassignabilit . The CONSULTANT shall not assign any interest in this contract nor delegate the performance of any of its duties hereunder without written consent of CITY. 3 - Venue. Venue and jurisdiction of any suit, right or cause of action arising under or in connection with this Agreement shall lie exclusively in Nueces County, Texas. Article VIII CANCELLATION WITHOUT CAUSE Should CITY cancel this Agreement after its commencement with CONSULTANT as a result of cancellation of the Title VII Nutrition Grant covering this project, then CITY will promptly notify CONSULTANT of the cancellation by certified mail; whereupon CONSULTANT will immediately, on receipt of the letter, cease and desist from performing any other work or services hereunder. In such event, CONSULTANT will be paid for profes- sional services to said date upon furnishing CITY progress report and invoice to such date. -3- Article IX CHANGES The CITY, from time to time, may require changes in the Scope of Services of the CONSULTANT to be performed hereunder, provided the CONSULTANT agrees in writing. Such changes, which are mutually agreed upon by and between the CITY and CONSULTANT, shall be incorporated in written amendments to this Agreement. Article X OFFICE SPACE The CITY, at its own cost, shall make available a limited amount of space, telephones, clerical assistance and office supplies for CONSULTANT in its offices in the City of Corpus Christi during the duration of this Agreement. Article XI OWNERSHIP OF MATERIALS All data, reports, research and other materials developed by the CONSULTANT as a part of the work under the Agreement shall become the property of the CITY upon completion of this Agreement or any phase thereof, or, in the event of termination under Article VII hereof, at the time of payment under Article VI for work actually performed. Article XII COPYRIGHT No data, report, research and other materials developed or produced in whole or in part under this Agreement shall be subject of an application for copy- right by or on behalf of CONSULTANT. If any contract or subcontract involves the development of patents, a Patent Rights Clause will be required for inclusion in the contract and will be obtained from the Governor's Committee on Aging. -4- IN WITNESS HEREOF, the parties hereto have executed this Agreement in duplicate originals at Corpus Christi, Nueces County, Texas, this day of 197 ATTEST: CITY OF CORPUS CHRISTI City Secretary APPROVED: DAY OF DECEMBER, 1978: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney Director of Finance By R. MarviF Townsend, City Manager Ann Marie Allen, Nutrition Consultant Corpus Christi, Te as _day of 19� TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, THE The Charter rule was suspended Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample The above ordinance was passed Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample 4445 OF CORPUS C"ISTI, TEXAS e: