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HomeMy WebLinkAboutPR 18441: CONTRACT WITH ROSE E. QUIRANTE, R.D. DIETARY CONSULTATION Memorandum City of Port Arthur, Texas Health Department TO: John Comeaux, P.E., Interim City Manager FROM: Judith A. Smith, RN, BSN DATE: July 25, 2014 SUBJECT: Proposed Resolution No. 18441 Renewal of Agreement for Professional Services between the City of Port Arthur and Rose Quirante, RD RECOMMENDATION: It is recommended that the City Council approve Proposed Resolution No. 18441 approving a renewal of the Agreement for Professional Services between the City of Port Arthur and Rose - Quirante, R.D., a licensed registered dietitian for the purpose of providing professional dietary consultation services for the WIC Program. BACKGROUND: The WIC Program gets funding that is specifically earmarked for registered dietitian consultants. These funds are available to local agencies that have been able to hire or contract with an RD. Some of the duties of the RD will be to assist with the quality assurance program, provide in- service training on nutrition topics related to women, infants and children; assist with the nutrition education and breastfeeding plans, provide individual counseling for participants with high-risk conditions, and conduct nutrition education classes. Mrs. Quirante is a current contractor and has agreed to continue providing these services for no more than 8 hours per week. STAFFING/EMPLOYEE EFFECT: It is recommended that Mrs. Quirante will remain as a contractor for the WIC program. BUDGET EFFECT: Funds to pay for contractual services will be provided through the Bureau of Nutrition Services (WIC) at$55 per hour, account number 101-1331-542.14-00 (HG1503). SUMMARY: It is recommended that the City Council approve Proposed Resolution No. 18441 approving a renewal of the Agreement for Professional Services between the City of Port Arthur and Rose Quirante, R.D., a licensed registered dietitian for the purpose of providing professional dietary consultation services for the WIC Program. P.R.No. 18441 7/25/2014-js RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND ROSE E. QUIRANTE,R.D.,FOR THE PROVISION OF DIETARY CONSULTATION SERVICES FOR THE WOMEN, INFANTS AND CHILDREN (WIC) PROGRAM WHEREAS, the Bureau of Nutrition Services has recommended that the Port Arthur City Health Department WIC Program contract with a registered dietitian to provide consultation services to the program's participants; and, WHEREAS, Rose E. Quirante, R.D., is licensed to practice as a Registered Dietitian Consultant and is a current contractor who has agreed to continue to provide professional consultation services for the WIC program at a rate of$55 per hour at no more than 8 hours per week; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF PORT ARTHUR: Section 1. That the facts in the preamble are true and correct. Section 2. That the City Manager and Director of Health are hereby authorized to execute said Contract, a copy of which being attached hereto as Exhibit, "A." Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED THIS day of A.D., 2014, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: P.R. 18441 Page 2 AYES: Mayor: Councilmembers: NOES: Mayor ATTEST Sherri Bellard, City Secretary APPROVED AS TO FORM: (0, 4AILA Val Tizeno, sip Attorney APPROVED FOR ADMINISTRATION: John Comeaux, P.E. �idith A. Smith, RN, BSN Interim City Manager Director of Health Services EXHIBIT "A" AGREEMENT FOR INDEPENDENT PROFESSIONAL SERVICES This Agreement is made between the City of Port Arthur, Texas hereinafter referred to as "City" and Rose E. Quirante, R.D., a person licensed to practice as a Registered Dietitian Consultant, herein referred to as "Contractor." I. TERM OF AGREEMENT This Agreement shall be for a period beginning October 1, 2014, and shall remain in force through September 30, 2015. Thereafter, this Agreement shall be renewed annually at the discretion of the parties. II. PROFESSIONAL SERVICES Mrs. Rose E. Quirante, R.D., will be considered an independent contractor for the City of Port Arthur and shall provide dietitian consultation for the Women, Infants and Children (WIC) program at the City's Health Department. Such services shall be at the standard of care/knowledge expected of dietitians in Texas. III. COMPENSATION The Contractor shall be paid at a rate of Fifty-Five Dollars ($55) per hour for nutrition dietary consultations for the WIC program. The hours of work shall be mutually agreed upon by the Health Director of the City of Port Arthur and Mrs. Rose E. Quirante, R.D., and shall not exceed 8 hours per week. IV. LICENSURE The Contractor shall maintain and provide proof of licensure with the State Board of Registered Dietitians. Failure to maintain licensure will immediately render this contract null and void. V. BENEFITS All benefits resultant from this contract are delineated herein, and no other benefits promised by any City office shall be binding on the City. V. TERMINATION This Agreement may be terminated with thirty (30) days prior written notice by either party. It is also understood and agreed that if the Contractor is incapable of performing the services described herein, all rights to compensation by this Agreement are to be invalid. VI. NONDISCRIMINATION The Contractor hereby agrees that no person shall, on the grounds of race, creed, color, handicaps, national origin, sex, age, inability to pay, political affiliation, or beliefs, be excluded from, be denied the benefits of, or be otherwise subjected to discrimination with regards to any services or activity funded under this contract; and hereby gives assurance that the Contractor will immediately take any measures necessary to effectuate this Agreement. VII. INDEMNITY It is understood and agreed that the Contractor is an independent Contractor hereunder. Contractor hereby agrees and undertakes to exonerate, and indemnify and hold harmless the City, its officers, agents and all employees from and against any and all liability, loss, damages, expenses, claims or judgments arising from the professional services performed under this contract by Contractor, his or her agents or employees or as a result of Contractor's failure to use and employ reasonable skill and care befitting the profession. Provided, however,this indemnity provision shall not be construed to include negligent acts of City or State employees as to which there would not otherwise be any tort or malpractice liability on the part of the Contractor under the laws of Texas. F 4 SIGNED AND AGREED TO on the day of , 2014. CONTRACTOR Rose D. Quirante, R.D. SIGNED AND AGREED TO on the day of 2014. CITY OF PORT ARTHUR John Comeaux, P.E.,Interim City Manager