HomeMy WebLinkAbout15419 ORD - 03/19/1980AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH
SHARON K. BASILE, A NUTRITIONIST, TO PROVIDE PROFES-
SIONAL CONSULTATION FOR THE ELDERLY NUTRITION PROGRAM.
THE CONSUTLANT WILL WORK EIGHT HOURS PER WEEK AT TEN
DOLLARS PER HOUR BEGINNING MARCH 5, 1980 AND EX-
TENDING THROUGH FEBRUARY 28, 1981, 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,
TEXAS:
SECTION 1. That the City Manager be and he is hereby authorized
to sign a contract with Sharon K. Basile, a nutritionist, -to provide profes-
sional consultation for the Elderly Nutrition Program. The consultant
will work eight (8) hours per week at ten dollars ($10.00) per hour, -begin-
ning March 5, 1980, and extending through February 28, 1981.
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
the date of its introduction and take effect and be in full force and effect
from and aft r its passage, IT IS ACCORDINGLY SO ORDAINED, this the /7
day of , 1980.
ATTEST:
APPROVED: /4/ Day of=/ , 1980
J. BRUCE AYCOCK,//CITY ATTORNEY
By
Ass
15419
ayor Pro- em
THE CITY CORPUS CHRISTI, TEXAS
STATE OF TEXAS
COUNTY OF NUECES
KNOW ALL MEN BY THESE PRESENTS:
THIS AGREEMENT entered into on the day of
1980, by and between the City of Corpus Christi, 302 South Shoreline, Corpus
Christi, Texas, hereinafter referred to as the "CITY", and Sharon K. Basile,
6738 Wood Iron, 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, covenants 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 Services. 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.
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u41,-'se 1 .,»•
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 - Nonassignability. 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.
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.
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IN WITNESS HEREOF; the parties hereto have executed this Agreement _
in duplicate originals at Corpus Christi, Nueces County, Texas, this
day of , 198
ATTEST:
City Secretary
APPROVED:
DAY OF MARCH,1980:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
Director of Finance
CITY OF CORPUS CHRISTI
r
By
R. Marvin Townsend, City Manager
•
Sharon K. Basile, Nutrition Consultant
Corpus Christi, Texas
/7 day of )11', 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,
S CHRISTI, TEXAS
The Charter rule was suspend
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
The above ordinance was passed
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
by the following vote:
15419