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HomeMy WebLinkAbout16932 ORD - 03/10/1982lw;3-8-82;lst AN ORDINANCE AUTHORIZING A CONTRACT WITH SHARON K. BASILE FOR PROFESSIONAL CONSULTATION FOR THE ELDERLY NUTRITION PROGRAM; 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 execute a contract with Sharon K. Basile to provide professional consulta- tion for the Elderly Nutrition Program for the term commencing April 1, 1982 and ending March 31, 1983, all 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. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for efficient administration of City affairs by executing the contract for con- tinuation of the Elderly Nutrition Program, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideratiori and voting upon ordinances and resolutions at three regular meetings so that this ordinance tupassed and shall take effect upon first reading as an emergency measure this/f day of March, 1982. ATTEST: 'feecretary APPROVED: /0C—DAY OF MARCH, 1982: J. BRUCE AYCOCK, CI By MAYOR THE CI 1_6932 /if OF CORPUS CHRISTI, TEXAS SE -1) 28 1984 MICROFILMED /3 CITY OF CORPUS CHRISTI, TEXAS LEGAL DEPARTMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES THIS AGREEMENT entered into on the day of 1982, by and between the City of Corpus Christi, 302 South Shoreline, Corpus - Christi, Texas, hereinafter referred to 88the"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. Artile 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. 4 -*/./.74. 1.04 -Nutfition Education. A. Provide training andr_technical assistance and materials to staff related to nutrition education. H. 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 lours per week or 416 hours during the contract-periodv-- Article.IV - REPORTS The CONSULTANrwill 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 $ 12.50 per hour and 22c-per-ml1e-not-to exceed $'75.00 per contract year. - 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. 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 1n 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. 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 for the Title VII Nutrition -Grant cove -rift -mu project, the CITY will promptly notify CONSULTANT in writing of the cancellation, whereuponrCONSULTANT will immediately, on receipt of the letter, cease and desist from performing any other work or services hereunder. In such events, CONSULTANT will be paid for professional services to said date upon furnishing CITY progress report and invoice to such date. Article IX CHANCES 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. (3) 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 developedorproduced in whole or in part under this Agreement shall be subject of an application for copy- right by or on behalf of CONSULTANT. If ariy contract or subcontract involves the development of patents, a Patent -Rights -Clause will- be required or_inclualon.-in. the -contract -and will be - - obtained from the Governor's 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 , 1982. ATTEST: CITY OF CORPUS CHRISTI By City Secretary Edward Martin, City Manager APPROVED: Day of April, 1982 J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney APPROVED: 'a Jff7JJ W. Thomas Utter, -Assistant -City Manager - Sharon K. Basile, Nutrition Consultant CorppJ Christi Texas /0 day of 5 1982 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; 1/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is, introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members MAY THE C OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the fol wing vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulle; Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky I 16932 — i