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HomeMy WebLinkAboutR-1996-167 Agreement / Judy Lebens,R.N. / Yakima Senior Center / Parks and RecreationRESOLUTION NO. R-96- 167 A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute an agreement with Judy Lebens, R.N., to provide footcare services at the Yakima Senior Center. WHEREAS, the City of Yakima has provided and desires to continue to provide geriatric footcare services to senior citizens at the Yakima Senior Citizen Center; and WHEREAS, the City does not have the personnel or specialized expertise necessary to provide said geriatric footcare services; and WHEREAS, Judy Lebens, R.N., has the experience and expertise necessary to provide said geriatric footcare services and is willing to provide these services in accordance with the terms and conditions of the attached agreement; and WHEREAS, the City has previously contracted with Ms. Lebens for said services; and WHEREAS, the City Council of the City of Yakima deems it to be in the best interest of the City of Yakima to enter into a contract for geriatric footcare services with Judy Lebens, R.N. in accordance with the terms and conditions of the attached agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute the attached and incorporated agreement with Judy Lebens, R.N. for geriatric footcare services. ADOPTED BY THE CITY COUNCIL this 17th day of ATTEST: pkic- City Clerk December , 1996. nn Buchanan, Mayor GERIATRIC FOOTCARE SERVICES AGREEMENT THIS AGREEMENT is made and entered into by and between the CITY OF YAKIMA, (hereafter the "City") and JUDY LEBENS, R.N., (hereafter the "Contractor") . WHEREAS, the City of Yakima has provided and desires to continue to provide geriatric footcare services to senior citizens at the Yakima Senior Citizen Center; and WHEREAS, the City does not have the personnel or specialized expertise necessary to provide said geriatric footcare services; and WHEREAS, Judy Lebens, R.N., has the experience and expertise necessary to provide said geriatric footcare services and is willing to provide these services in accordance with the terms and conditions of this Agreement; and WHEREAS, the City has previously contracted with Ms. Lebens for said services. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein it is agreed by and between the City and the Contractor as follows: 1. Professional Services. The Contractor shall provide geriatric footcare services in conjunction with the City's footcare program. Special areas of responsibilities for both the City and the Contractor are contained in Attachment "A," which is attached and incorporated into this Agreement. 2. Consideration. As consideration for the service provided pursuant to this Agreement, the City agrees to compensate the Contractor according to Attachment "B," which is attached and incorporated into this Agreement. The Contractor shall submit a final itemized invoice/billing for services to the City no later than thirty (30) days following the last date of services rendered. The Contractor waives all claim to compensation in the event the City does not have a final itemized invoice/billing for services within sixty (60) days of the last day on which services were rendered. 3. Term of Agreement. The term of this Agreement shall commence on January 1, 1997, and terminate on December 31, 1997. 4. Cancellation/Combining/or Rescheduling Footcare Clinics. The City may cancel, combine, or reschedule footcare clinics due to low enrollment. If rescheduling of a footcare clinic becomes necessary, the City Recreation Coordinator and the Contractor will negotiate a mutually agreed upon date, time, and location. The Contractor will receive no compensation for canceled clinics nor participant no-shows. Page 1 of 4 (1s)agr/footcare pm 5. Independent Contractor. The Contractor and the City understand and expressly agree that the Contractor is an independent contractor, and none of the Contractor's employees shall be considered an employee of the City. The Contractor and the Contractor's employees shall make no claim of City employment or claim any related employment benefits from the City, including but not limited to, medical benefits, social security, and retirement. The Contractor has no authority to nor shall the Contractor represent that it has authorization to bind the City in any manner. 6. Nonsolicitation. The Contractor will not solicit program participants during the term of this Agreement, and understands that the facility provided during this program cannot be used by the Contractor for private purposes. 7. No Conflict of Interest. The Contractor represents that it or its employees do not have any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Agreement. The Contractor further covenants that it will not hire anyone or any entity having such a conflict of interest during the performance of this Agreement. S. Taxes and Assessments. The Contractor shall be solely responsible for compensating its employees and for paying all related taxes, deductions, and assessments, including but not limited to, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, the Contractor shall pay the same before it becomes due. 9. Discrimination. The Contractor shall not discriminate against any employee or applicant on the grounds of race, creed, color, religion, national origin, sex, marital status, age, or the presence of any sensory, mental, or physical handicap. Such action shall include but not be limited to: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff of termination; rates of pay or other forms of compensation; and programs for training including apprenticeships. 10. Compliance With Law. The Contractor agrees to perform the services and work under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. 11. No Insurance. It is understood the City does not maintain liability insurance for the Contractor or its employees. 12. Indemnification and Hold Harmless. The Contractor shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from Page 2 of 4 (1s)agr/footcare pm and against all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to, attorney's fees and court costs, arising out of, relating to, or resulting from Consultant's performance of this Agreement. 13. Delegation of Professional Services. The services provided for herein shall be performed by the Contractor, and no other person other than regular associates or employees of the Contractor shall be engaged upon such work or services except upon written approval of City. 14. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by the Contractor to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of the Contractor as stated herein. 15. Termination. a. Termination of Agreement by the City. If the Contractor fails to comply with the terms and conditions of this Agreement in such a manner that the City Parks and Recreation Manager in his sole discretion deems that the continuation of the Agreement is no longer in the best interest of the City, the City may terminate this Agreement by providing the Contractor five (5) days written notice of termination. b. Termination of Agreement by the Contractor. If the City fails to comply with the terms and conditions of this Agreement, the Contractor may terminate this Agreement by providing the City thirty (30) days written notice of termination. 16. Damages. If for any reason the Contractor fails to provide the services and work as specified in this Agreement and the City is forced to secure such services and work from another party or entity, the Contractor shall be liable for any and all additional expenses to fulfill its obligation to the City under this Agreement. This provision shall not serve as a limitation upon other damages that may be available to the City pursuant to statutory and/or common law. 17. Severability. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 18. Integration. This written document constitutes the entire agreement between the City and the Contractor. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. Page 3 of 4 ( is)agr/footcare pm 19. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties to their addresses as follows: TO CITY: TO CONTRACTOR: Parks & Recreation Manager City of Yakima Parks & Recreation 2301 Fruitvale Boulevard Yakima, WA 98902 (509)575-6020 Judy Lebens, R.N. 410 North 80th Avenue Yakima, WA 98908 (509)966-2336 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 20. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 21. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. EXECUTED this / day of JZo1i( C CITY OF YAKIMA By: R. A. Zais, Jr. City Manager ATTEST: City Clerk Page 4 of 4 (is)agr/footcare pm , 199 7. JUDY LEBENS, R.N. ATTACHMENT "A" AREAS OF RESPONSIBILITIES: 1. The City of Yakima Parks and Recreation Division shall: A. Determine the scope of the services, establish clinic guidelines, and work with the nurse to conduct weekly clinics. B. Schedule Footcare Clinics and register clients for clinics held at the Yakima Senior Center. A volunteer shall schedule clients at Salvation Army, Granger, and Zillah. The Senior Center Coordinator shall determine, based on available funds, the number of clinics offered and the number of clients served. C. Pay the Contractor for services provided within thirty (30) days after receiving the invoice/bill. 2. The Contractor shall: A. Sign the U.S. Internal Revenue Service Form 1099 (MIS) Attachment "C," which is attached and incorporated into this Agreement. B. Adhere to the clinics as advertised to the public. C. Conduct clinics according to the professional standards issued. D. Maintain current licensing as a Registered Nurse in Washington State and maintain professional liability insurance. Must submit proof of such to the Senior Center Coordinator on a yearly basis. E. Provide an itemized invoice/billing to the City's Recreation Supervisor for the services rendered during the previous month. (is)agr/footcare.pm ATTACHMENT "B" PAYMENT SCHEDULE: 1. The City of Yakima Parks and Recreation Division shall: A. Pay Judy Lebens Six Dollars and Seventy -Five Cents ($6.75) per unit. A unit shall consist of one (1) client served. B. The total sum of this contract shall not exceed Fourteen Thousand Dollars ($14,000.00) for 1997. C. Agree to pay the Contractor within thirty (30) days after receiving an itemized bill/invoice. 2. The Contractor shall: A. Provide an itemized monthly invoice/billing to the City's Recreation Supervisor for the services rendered during the previous month. To be included in this invoice/billing are any service adjustments, additional fees, and charges, and their reconciliation. B. Waive all claim to compensation in the event the City has no final itemized invoice/billing for services within sixty (60) days after the last day on which services are rendered. (1s)agr/footcare pm ATTACHMENT "C" IRS FORM 1099 (MIS) The U.S. Internal Revenue Code requires the City of Yakima to file "IRS FORM 1099" for certain payments which total an aggregate of Six Hundred Dollars ($600.00) or more during the calendar year. When a correct taxpayer identification number, such as a Social Security Tax I.D. number, has not been furnished, the City of Yakima must withhold from payments a tax equal to twenty percent (20%). To assist the City of Yakima in meeting the Internal Revenue Service reporting requirements and for you to avoid the twenty percent (20%) withholding requirement, please complete the items below, sign, and date: Name: _ sus 7;zf Address: /t°7, City: i >� f� 1(;, Work hone No.: ,�--/g2:2-:-,6 Home Phone No.: Tax I.D. Number: Social Security Number: 5--9 �" 5 —� �, 1-'r� Check One: Individual Corporation [ Partnership [ 1 Professional Service Corp. [ 1 e Proprietors'.'p [ 1 Authorized Signature.- If ignature If you believe paymentsAo you by th - City of Yakima are exempt from the Internal Revenue Service reporting requirements, please supply us with an explanation of the exemption with reference to the appropriate Internal Revenue Code Regulations providing for such exemption. NOTE: Even if you subsequently give us Tax Identification Number, the City of Yakima cannot pay the withheld amount to you. Once the twenty percent (20%) portion has been withheld, you must file a tax return to receive credit for the withheld amount. (is)agr/footcare pm BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. / 7 For Meeting of December 17, 1996 ITEM TITLE: Agreement Between the City of Yakima and Judy Lebens, R.N., to Provide Footcare Services at the Yakima Senior Center SUBMITTED BY: Jerry Copeland, Director of Public Works Denise Nichols, Acting Parks and Recreati n Manager CONTACT PERSON/TELEPHONE: Denise Nichols, 575-6020 SUMMARY EXPLANATION: Attached for Council review is an Agreement between the City of Yakima and Judy Lebens, RN., to provide footcare services for 1997 at the Yakima Senior Center. Footcare services are funded through a grant from the Office of Aging and Long Term Care. Judy Lebens has been the registered nurse providing that service for the past 7 years at the Senior Center. Resolution X Ordinance Contract _ Other (Specify) Agreement Funding Source Aging and Long Term Care APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve the attached resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution No. R-96-167