HomeMy WebLinkAbout16166 ORD - 04/01/1981AN 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 CONSULTANT WILL WORK EIGHT HOURS PER WEEK AT TWELVE
DOLLARS AND FIFTY CENTS PER HOUR BEGINNING MARCH 23, 1981
AND EXTENDING THROUGH FEBRUARY 28, 1982, 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, nutritionist, to continue to provide
professional consultation for the Elderly Nutrition Program. The consultant
will work eight (8) hours per week at twelve dollars and fifty cents ($12.50)
per hour, beginning March 23, 1981, and extending through February 28, 1982.
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 an 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
that such emergency and necessity exist, having requested the suspension of the
Charter rule and that this ordinance be passed finally on the date of its intro-
duction and take effect and be in full force and effect from and after its
passage, IT IS ACCORDINGLY SO ORDAINED, this the Pit -day of April, 1981.
ATTEST:
i ecretary
APPROVED: ! DAY OF APRIL, 1981:
J. BRUCE AYCOCK, CITY ATTORNEY
By.
Assistant City
rney
161's
MAYO
THE CI Y OF CORPUS CHRISTI, TEXAS
E LMED
SSP 2 71984
CITY OF CORPUS CHRISTI, TEXAS
LEGAL DEPARTMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NOECES
THIS AGREEMENT entered into on the
day of
1981, 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 It
SCOPE OF SERVICES
The CONSULTANT agrees to undertake, -perform and -complete Ananexpedient,.
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.
.X 1-4YµA`t
1.04 Ndtritibn 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 for center participants in at least
five congregate meal' sites.
Article III
TIME OF PERFORMANCE
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 alI work
performed to the Director -of Senior Community Services no later-than_the 20th 'day
of each month.
Article.N
COMPENSATION:_
The CONSULTANT shall be paid at the rate of $12.50 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.
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.
-2-
t
- 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 canCellationfor the -Title VII Nutritioa.Grant covering this project,
then CITY will_ promptly notify CONSULTANT in writing, of the cancellation, : -
whereupon CONSULTANT will.immediately, on receipt -of the letter, cease and desist,
from performing any other work or services hereunder.-= In- suchreveats,-CONSULTANT
will be paid for professional services to said_date upon:iurnisbing CITY progress -
report and invoice to such date.
Article
CHANGES
The CITY, from time to time, nay 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 %
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.
-3-
•
Article XI_
OWNERSHIP OF MATERIALS
A11 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 Governors Committee on Aging.
IN WITNESS HEREOF, the parties hereto have -executed= this -Agreement in
duplicate originals at Corpus Christi, Nueces County, Texas, this - day
of , 1981.
ATTEST: CITY OF CORPUS=CHRISTI
By
City Secretary R. Marvin Townsend, City Manager.
APPROVED:'
'DAY OF MARCH, 1981
• J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
Sharon K. Basile, Nutrition Consultant
" 'ICorpus Christi; Texas"`
led day of, 19 (1/
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,
MAYOR
411.°'
.THE CI OF CORPUS CHRISTI, TEXAS
The Charter rule was suspende. by the fdllowing vote:
Luther Jones
Edward L. Sample
Dr. Jack Best //
Jack K. Dunphy
Leopoldo Luna
Betty N. Turner• d -
Cliff Zarsky
The above ordinance was passed
Luther Jones
Edward L. Sample
Dr. Jack Best
Jack K. Dunphy
Leopoldo Luna .
Betty N. Turner
Cliff Zarsky
following vote:
161G6