HomeMy WebLinkAboutR-2001-044 Geriatric Footcare Services Agreement w/ Nadine SmithRESOLUTION NO. R-2001- 44
A RESOLUTION authorizing and directing the City Manager of the City of Yakima to
execute a "Geriatric Footcare Services Agreement" with Nadine Smith,
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, 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 the attached agreement; and
WHEREAS, the City has previously contracted with 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 a contract for geriatric footcare services with Nadine Smith,
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 is hereby authorized and directed to execute the attached and
incorporated "Geriatric Footcate Services Agreement" with Nadine Smith, R.N. to provide
footcare services at the Yakima Senior Citizen Center.
ADOPTED BY THE CITY COUNCIL this 6t day of March, 2001.
ATTEST: ary Place, Mayor
City Clerk
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GERIATRIC FOOTCARE SERVICES AGREEMENT
Tula r-ErZrA-rrZrr unnTrAnT7 QM?-UT(AGREEMENT (hPrPinafter
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"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 Citv 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,
2001, and terminate on December 31, 2001, unless sooner terminated by either party in
accordance with Section 21.
4. Cancellation/CombiningVor 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
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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 Cite 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
I ., •„a -oro + and shall not hereafter acquire any interest, direct or indirect,
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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 parts 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 in violation of any applicable federal, state, and/or law or
regulation 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
ransfer;recruitment or recruitment advertising; layoff of termination; rates of pav or other
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forms of compensation; prograiits to training including apprentes rs, d "r
of services under this Agreement.
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
corresponding regulations and Washington State's anti -discrimination law as contained
in RCW 49.60 and corresponding 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.
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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
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laws, rules, ai�u reg'tllallollc7 a%A%JFlI.0 vl V1V1AL"ArraF. vy al.� g.�JeM"Alelllul ug...�
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, attornev'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, 2001, 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. 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
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not serve as a limitation upon other damages that may be available to the City pursuant
to statutory and/or common law.
18. Waiver of Breach. A waiver by either partv hereto of a breach of the other party-
hereto
artyhereto 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 anv agreement, covenant or
condition of this Agreement, or to exercise am, 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.
19. Severability. If anv 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
20. Integration. This Agreement sets forth all of the terms, conditions, and
i til. �; —1-44- +n the ciibier•t matter hereof and supersedes anv and
agreements of L1 LC par uca r c -CA Ll a_. w �-----
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.
21. 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
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.
22. Any provision of this Agreement which imposes an obligation after teriminatioiL
or expiration of this Agreement shall survive the term or expiration of this Agreement
and shall be binding on the parties to this Agreement.
23. 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:
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III.�nFr� i.�r. nrr ha�in. �miil�. Ul. �.ii
TO CITY:
TO CONTRACTOR:
Parks & Recreation Manager
City of Yakima Parks & Recreation
2301 Fruitvale Boulevard
Yakima, WA 98902
(509) 575-6020
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.
24. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
25. 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
By: E��- �- C
R. A. Zais, Jr.
City Manager
Date:- -2001
ATTEST:
City Clerk u'
city contract No. 2001-26
Resolution R-2001-44
Page - 5 of 5
(Ik)a,/(Doom. Nzdi-Smith/01/pm
NADINE SMITH, R.N.
Date:
Nadine Smith
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
Supervisor 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 Supervisor 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 Dianne M. Crawford 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 Seven Thousand
Dollars ($7,000.00) for 2001.
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"
TRS 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:
Address:
Citv.
Work Phone No.: Home Phone No.:
Tax I.D. Number:
Social Security Number:
Check One: Individual
Corporation
Partnership
Professional Service Corp
Sole Proprietorship
Authorized Signature: Date:
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.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. * � )3
For Meeting of March 6, 2001
ITEM TITLE: A Resolution Authorizing a Personal Services Agreement with
Nadine Smith, R.N. to Provide Foot Care Services at the Yakima
Senior Center
SUBMITTED BY: Chris Waarvick, Director of Public Works
Denise Nichols, Parks and Recreation Manager
CONTACT PERSON/TELEPHONE: Denise Nichols, 575-6020
SUMMARY EXPLANATION:
Staff respectfully requests Council consideration of an agreement between the City of Yakima
and Nadine Smith, R. N. to provide foot care services for 2001 at the Yakima Senior Center.
Nadine Smith has been the registered nurse providing substitute service since 1997 at the
Senior Center.
Foot care services for the Senior Center are funded through a grant from the Office of Aging
and Long Term Care, and this agreement would be allocated no more than $10,500 for foot
care services.
Resolution X Ordinance Other (Specify) Agreement
Contract X Mail to (name and address): Nadine Smith R.N., Yakima, _WA
Funding Source:
Phone:
T
APPROVED FOR SUBMITTAL: '�� City Manager
STAFF RECOMMENDATION: Staff respectfully requests the Council to adopt the Resolution
authorizing a Personal Services Agreement with Nadine Smith, R.N., to provide foot care
services at the Yakima Senior Center for 2001.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2001-44