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HomeMy WebLinkAboutR-1999-002 Footcare Services / Judy Lebens, R.N.RESOLUTION NO. R-99-0 2 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a " Geriatric Footcare Services Agreement" with Judy Lebens, R.N., and a "Geriatric Footcare Services Agreement" with Nadine Smith, R.N., to provide footcare services at the Yakima Senior Citizen 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., and Nadine Smith, R.N., have the experience and expertise' necessary to provide said geriatric footcare services and are willing to provide these services in accordance with the terms and conditions of the attached agreements; and WHEREAS, the City has previously contracted with Ms. Lebens and Ms. Smith 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 an agreement for geriatric footcare services with Judy Lebens, R.N., and with Nadine Smith, R.N., 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 "Geriatric Footcare Services Agreement" with Judy Lebens, R.N., and the attached and incorporated "Geriatric Footcare Services Agreement" with Nadine Smith, R.N., to provide footcare services at the Yakima Senior Citizen Center. ADOPTED BY THE CITY COUNCIL this T74 day of - 11 -NU / ,1999. ATTEST: ,geo„ City Clerk C:\ Paul's Files\ WORD -DOCUMENTS\ Resolutions\ footcare-2-pm.doc John Puccinelli, Mayor GERIATRIC FOOTCARE SERVICES AGREEMENT THIS GERIATRIC FOOTCARE SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into by and between the CITY OF YAKIMA, (hereafter the "City") and NADINE SMITH, 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, Nadine Smith, 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. Smith 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, 1999, and terminate on December 31, 1999, unless sooner terminated by either party in accordance with Section 16. 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 Page - 1 of 5 agr/footcare Nadine Smwth/99/pm will negotiate a mutually agreed upon date, time, and location. The Contractor will receive no compensation for canceled clinics nor participant no-shows. 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. 8. 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. Non-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. The Americans With Disabilities Act. The Contractor agrees to comply with the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, state and local government services, and telecommunications. Page - 2 of 5 ag./fuutcare NadmeSmith/99/pm 11. 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. 12. No Insurance. It is understood the City does not maintain liability insurance for the Contractor or its employees. 13. Indemnification and Hold Harmless. The Contractor shall defend, indemnify, and hold harmless the City, its elected officials, agents, officers, and employees from 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 or non-performance of the services, duties and obligations required under this Agreement. 14. Professional Liability Insurance. On or before date this Agreement is fully executed by the parties, the Contractor shall provide the City with a certificate of insurance as evidence of professional liability coverage with a limit of One Million Dollars ($1,000,000.00) for each wrongful act and an annual aggregate limit of Two Million Dollars (S2,000,000.00). The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. The insurance shall be with an insurance company rated A -VII or higher in Best's Guide. If the policy is on a claims made basis, the retroactive date of the insurance policy shall be on or before January 1, 1998, or shall provide full prior acts. The insurance coverage shall remain in effect during the term of this Agreement and for a minimum of three (3) years following the termination of this Agreement. 15. 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. 16. 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. 17. 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 her sole discretion deems that the continuation of the Page - 3 of 5 ayr/footcare NadineSmith/99/pm 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. 18. 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. 19. Waiver of Breach. A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 20. 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. 21. Integration. This Agreement sets forth all of the terms, conditions, and agreements of the parties relative to the subject matter hereof and supersedes any and all such former agreements which are hereby declared terminated and of no further force and effect upon the execution and delivery hereof. There are no terms, conditions, or agreements with respect thereto, except as herein provided and no amendment or modification of this Agreement shall be effective unless reduced to writing and executed by the parties. 22. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand -delivered to the parties to their addresses as follows: TO CITY: Page - 4 of 5 agr/footcare Nadine Smith/99/pm Parks & Recreation Manager City of Yakima Parks & Recreation 2301 Fruitvale Boulevard Yakima, WA 98902 (509) 575-6020 TO CONTRACTOR: Nadine Smith, R.N. 1415 S. 29th Ave. Yakima, WA 98902 (509) 453-5282 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, or hand - delivered. Such notices shall be deemed effective at the time mailed or hand delivered at the addresses specified above. 22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 23. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. CITY OF YAKIMA NADINE SMITH, R.N. By: R. A. Zais, Jr. City Manager Date: 7 9 9 ATTEST: Nadine Smith Date: ///3/ /;,7 RESOLUTION NC: R -Cict - 0 P. - Page -5 of 5 agt/footoare NatINeSnuth/99/pm 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. ATTACHMENT "B" PAYMENT SCHEDULE: 1. The City of Yakima Parks and Recreation Division shall: A. Pay Nadine Smith Seven Dollars ($7.00) per unit. A unit shall consist of one (1) client served. B. The total sum of this contract shall not exceed Fourteen Thousand Dollars (514,000.00) for 1999. 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. 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 (5600.00) 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: 4--()/ /v 42- Address: 51,5- City: ti ,,77 Work /hone No.: '% - e / /' 4 Tax I.D. Number: Home Phone No.: l46: "? Social Security Number: ,:,77 Z 5 `7 ' Check One: Individual Corporation [ Partnership [ Professional Service Corp. [ ] Sole Proprietorship [ sL'r Authorized Signature: Date: f If you believe payments to you by the 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. POLICYHOLDER RENEWAL DATE: MAY 29, 1998 [PREFERRED ❑ PENDING N 151473804-8 ACCOUNT STATUS:. POLICY:'NUMBER:. NADINE SMITH 1415 S 29TH AVE YAKIMA WA 98902-5056 ❑ NON-RENEWABLE POLICY TERM: 08/04/98 TO 08/04/99 Visit us on-line at www.nso.com It is time to renew your up to $5,000,000.00 annual aggregate/$1,000,000.00 per occurrence in professional liability insurance. Your annual premium is $8Q_00. Please send payment promptly. Just detach the bill below and return it, along with your premium, in the envelope provided. The enclosed Certificate of in a safe place. Insurance outlines your j/4 1//gl benefits. Please keep it You may direct all questions about your coverage or account status to our special Nurses' Service Line: 1-800-247-1500 To renew your coverage, follow these steps: 1 Write check, payable to NSO for your premium payment. That's $89.00. Be sure to include your policy number on your check. Credit card payments can be made by phone. Call 1-800-247-1500. (Or if you prefer, complete credit card section below.) 2 Please fill-in your social security number and complete the demographic information on the back of the bill, then detach. DETACH HERE 3 Mail in envelope provided. CNA For all the Commitments You Make CNA Plaza, Chicago, IL. 60685 HEALTHCARE PROVIDERS SERVICE ORGANIZATION PURCHASING GROUP Lrtifitte of ;Pktsurancr LIflSO nurses Service organization PRODUCER 018098 BRANCH 970 PREFIX HPG POLICY NUMBER 151473804-8 POLICY PERIOD 08/04/98 TO 08/04/99 12:01 A.M. STANDARD TIME NAME OF INSURED AND ADDRESS (Number & Street, City, State & Zip) NADINE SMITH 1415 S 29TH AVE YAKIMA WA 98902-5056 Medical Specialty: Registered Nurse Code: 80964 Program Administrator: Healthcare Division of Affinity Insurance Services, Inc. 4870 Street Road Trevose PA19049 Insurance provided by American Casualty Company of Reading, PA Additional Insured Location A. B. C. LIMITS OF LIABILITY COVERAGE PART A. $ 1,000,000.00 each claim $ 5,000,000.00 aggregate PROFESSIONAL LIABILITY, INCLUDING GOOD SAMARITAN AND PERSONAL INJURY B. INCLUDED INDIVIDUAL WORKPLACE LIABILITY EXTENSION C. $ 5,000.00 aggregate LICENSE PROTECTION D. $ 10,000.00 aggregate WAGE LOSS AND EXPENSE BENEFIT E. $ 5,000.00 aggregate ASSAULT F. $ 2,000.00 per person $ 100,000.00 aggregate MEDICAL PAYMENTS G. $ H. $ 1,000.00 aggregate FIRST AID 500.00 aggregate DAMAGE TO PROPERTY OF OTHERS I. $ 2,500.00 aggregate DEPOSITION FEES AND EXPENSE J. $ 1,000,000.00 $ aggregate PERSONAL LIABILITY 89.00 TOTAL PREMIUM ENDORSEMENTS G -121500A G -121501A G -123846A-46 G -121509A c40.4t a .tiC2) IAA Cha an of the Boit& Secretary Keep this document in a safe place. This and your cancelled check act as proof of coverage. Master Policy No.: 0152432409 ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of January 5, 1999 Agreement Between the City of Yakima and Nadine Smith, R.N.and Judy Lebens, R.N. to Provide Footcare Services at the Yakima Senior Center Chris Waarvick, Director of Public Works Denise Nichols, Parks and Recreation Manager CONTACT PERSON/TELEPHONE: Denise Nichols, 575-6020 SUMMARY EXPLANATION: Attached for Council review is an Agreement between the City of Yakima and Nadine Smith, R.N. and also Judy Lebens, R.N. to provide footcare services for 1999 at the Yakima Senior Center. Footcare services are funded through a grant from the Office of Aging and Long Term Care. Nadine Smith is a registered nurses providing footcare service since 1997 and Judy Lebens, who is also a registered nurse, has been providing foot care services for the past 9 years at the Senior Center. Resolution x Ordinance Contract _ Other (Specify) Funding Source Aging & Long Term Care Grant APPROVED FOR SUBMITTAL: amity Manager STAFF RECOMMENDATION: To approve the attached Resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: 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, 1999, and terminate on December 31, 1999, unless sooner terminated by either party in accordance with Section 16. 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 Page -1 of 5 augootcare/kbm./99/ pm will negotiate a mutually agreed upon date, time, and location. The Contractor will receive no compensation for canceled clinics nor participant no-shows. 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. 8. 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. Nondiscrimination. 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. The Americans With Disabilities Act. The Contractor agrees to comply with the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, state and local government services, and telecommunications. Page - 2 of 5 agr/footcare/ Icbere/9Y/pm 11. 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. 12. No Insurance. It is understood the City does not maintain liability insurance for the Contractor or its employees. 13. Indemnification and Hold Harmless. The Contractor shall defend, indemnify, and hold harmless the City, its elected officials, agents, officers, and employees from 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 or non-performance of the services, duties and obligations required under this Agreement. 14. Professional Liability Insurance. On or before date this Agreement is fully executed by the parties, the Contractor shall provide the City with a certificate of insurance as evidence of professional liability coverage with a limit of One Million Dollars ($1,000,000.00) for each wrongful act and an annual aggregate limit of Two Million Dollars ($2,000,000.00). The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. The insurance shall be with an insurance company rated A -VII or higher in Best's Guide. If the policy is on a claims made basis, the retroactive date of the insurance policy shall be on or before January 1, 1998, or shall provide full prior acts. The insurance coverage shall remain in effect during the term of this Agreement and for a minimum of three (3) years following the termination of this Agreement. 15. 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. 16. 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. 17. 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 her sole discretion deems that the continuation of the Page - 3 of 5 agr/rwrc.xe/iia./99/rn. 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. 18. 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. 19. Waiver of Breach. A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 20. 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. 21. Integration. This Agreement sets forth all of the terms, conditions, and agreements of the parties relative to the subject matter hereof and supersedes any and all such former agreements which are hereby declared terminated and of no further force and effect upon the execution and delivery hereof. There are no terms, conditions, or agreements with respect thereto, except as herein provided and no amendment or modification of this Agreement shall be effective unless reduced to writing and executed by the parties. 22. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand -delivered to the parties to their addresses as follows: TO CITY: Page - 4 of 5 ayrgootcare/leberts/99/ pm Parks & Recreation Manager City of Yakima Parks & Recreation 2301 Fruitvale Boulevard Yakima, WA 98902 (509) 575-6020 TO CONTRACTOR: 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, or hand - delivered. Such notices shall be deemed effective at the time mailed or hand -delivered at the addresses specified above. 23. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 24. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima. County, Washington. CITY OF YAKIMA JUDY LEBENS, R.N. By: R. A. Zais, Jr. City Manager Date: I ` ._ 1 `, Date: .3 — l og ATTEST: City Clerk USN CONTRACT NO:G p_ O RFSO? IMOii PEC: !7 " ` i - 0 �-- Page - 5 of 5 egr/(ueirnre/ Iebem/ 99/ pm 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. ATTACHMENT "B" PAYMENT SCHEDULE: 1. The City of Yakima Parks and Recreation Division shall: A. Pay Judy Lebens Seven Dollars ($7.00) 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 1999. 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. 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: �.' . 7 L! L 6 A/ S F 01)75j Address: «/ 6 / c} 0'6 �w ' City: ,,:)-9i rki 6-- / Work one No.:17g - g -s-- Home Phone No.: Tax I.D. Number: Social Security Number: Check One: Individual Corporation Partnership [ ] Professional Service Corp. [ ] Sole Proprietorship [ ] Authorized SignA u e - If you believe payments ' + you by the 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. ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. Cf For Meeting of January 5, 1999 Agreement Between the City of Yakima and Nadine Smith, R.N.and Judy Lebens, R.N. to Provide Footcare Services at the Yakima Senior Center Chris Waarvick, Director of Public Works Denise Nichols, Parks and Recreation Manager CONTACT PERSON/TELEPHONE: Denise Nichols, 575-6020 SUMMARY EXPLANATION: Attached for Council review is an Agreement between the City of Yakima and Nadine Smith, R.N. and also Judy Lebens, R.N. to provide footcare services for 1999 at the Yakima Senior Center. Footcare services are funded through a grant from the Office of Aging and Long Term Care. Nadine Smith is a registered nurses providing footcare service since 1997 and Judy Lebens, who is also a registered nurse, has been providing foot care services for the past 9 years at the Senior Center. Resolution x Ordinance_. Contract _ Other (Specify) Funding Source Aging & Long Term Care Grant APPROVED FOR SUBMITTAL: ity Manager STAFF RECOMMENDATION: To approve the attached Resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: