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HomeMy WebLinkAboutR-2013-013 Geriatric Foot Care Services Agreement with Rosemary Bonsen, R.N.RESOLUTION NO. R-2013-013 A RESOLUTION authorizing the City Manager of the City of Yakima to execute a "Geriatric Foot Care Services Agreement" with Rosemary Bonsen, R.N., to provide foot care services at the Harman Center, and depending upon funding, authorizing the City Manager to execute any subsequent amendments or reoccurring agreements for the following five years (2018), upon approval as to form by the City Attorney. WHEREAS, the City of Yakima has provided and desires to continue to provide geriatric foot care services to senior citizens at the Harman Center; and WHEREAS, the City does not have the personnel or specialized expertise necessary to provide said geriatric foot care services; and WHEREAS, Rosemary Bonsen has the experience and expertise necessary to provide said geriatric foot care 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 Rosemary Bonsen for said services; and WHEREAS, the City Council of the City of Yakima deems it to be in the best interest of the City to enter into a contract for geriatric foot care services with Rosemary Bonsen 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 Foot Care Services Agreement" with Rosemary Bonsen to provide foot care services at the Harman Center, and depending upon funding, authorizes the City Manager to execute any subsequent amendments or reoccurring agreements substantially in the form of the agreement approved pursuant to this resolution, for the following five years (2018), upon approval as to form by the City Attorney. ADOPTED BY THE CITY COUNCIL this 5th day of February, 2013. Micah Cawley, Npayor ATTEST: .�.�� [t •�a C aar ee, City CI GERIATRIC FOOT CARE SERVICES AGREEMENT THIS GERIATRIC FOOT CARE SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into by and between the CITY OF YAKIMA, (hereafter the "City") and ROSEMARY BONSEN, R.N., (hereafter the "Contractor"). WHEREAS, the City of Yakima has provided and desires to continue to provide geriatric foot care services to senior citizens at the Harman Center; and WHEREAS, the City does not have the personnel or specialized expertise necessary to provide said geriatric foot care services in conjunction with the City's foot care program; and WHEREAS, Rosemary Bonsen, R.N., has the experience and expertise necessary to provide said geriatric foot care 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 Rosemary Bonsen, R.N. 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 foot care services in conjunction with the City's foot care 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. E -Verify Compliance Declaration. The Contractor shall enroll in the E -Verify program or its successor, and thereafter to verify its employees' proof of citizenship and authorization to work in the United States. The Contractor must remain enrolled in the program for the duration of the contract and be responsible for verification of every applicable subcontractor. The Contractor shall sign and return the E -Verify Declaration, Exhibit "B" which is attached and incorporated into this Agreement. 3. 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 claims 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. 4. Period of Performance. The period of performance under this Agreement will be one year, commencing at 12:01 a.m. on January 1, 2013, and continuing until midnight on December 31, 2013, unless earlier terminated by either party in accordance with Section 22 of this Contract. The City reserves the right to extend this Agreement for five (5) additional one (1) year periods, upon Contractor providing written notice of intent to renew to the City at least thirty (30) days prior to expiration of the then -existing term. The City Manager has the authority and is authorized to extend this Agreement through the City Manager's execution of up to five one-year Extension Agreements pursuant to this Section, and any such Extension Agreement does not have to be approved by a City Council Resolution. 1 5. Cancellation/Combining/or Rescheduling Foot Care Clinics. The City may cancel, combine, or reschedule foot care clinics due to low enrollment. If rescheduling of a foot care 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 or recruitment advertising; layoff of termination; rates of pay or other forms of compensation; programs for training including apprenticeships; and provision of services under this Agreement. 11. 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. 12. 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. 2 13. No Insurance. It is understood the City does not maintain liability insurance for the Contractor or its employees. 14. 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. 15. Professional Liability Insurance. On or before the effective date of this Agreement, Contractor shall provide the City with a certificate of insurance as proof of liability insurance in the amount 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), that clearly states who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect (any statement in the certificate to the effect of "this certificate is issued as a matter of information only and confers no right upon the certificate holder" shall be deleted). Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents, employees, and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide. The insurance company shall be either admitted in the State of Washington or a licensed surplus lines insurance company in the State of Washington. If the City is damaged by the failure of Contractor to maintain the above insurance or to so notify the City, then Contractor shall bear all costs attributable thereto. If requested, Contractor shall provide the City with a complete copy of the policy. 16. 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. 17. 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. 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 3 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. 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 or 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 Parties. This Agreement may be terminated without cause, prior to the date specified above in Section 3, by written notice from either party to the other thirty (30) days in advance of the termination. 23. Survival. Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. 24. 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: TO CONTRACTOR: Ken Wilkinson Parks & Recreation Manager City of Yakima Parks & Recreation 2301 Fruitvale Boulevard Yakima, WA 98902 (509) 575-6020 Rosemary Bonsen, R.N. 7941 N. Wenas Rd. Selah, WA 98942 (509) 697-8959 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. 4 25. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 26. 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 Y KIMA By: Ton our,, City Manager Date: ATT ROSEMARY BONSEN, R.N. ate: //;15//3 Sonya aar Tee, City Clerk Resolution No. /62e/? D/2 City Contract No. c2/ ? OJ 7- 5 ATTACHMENT "A" AREAS OF RESPONSIBILITIES: 1. The City of Yakima Parks and Recreation Division shall: A. Determine the scope of services, establish clinic guidelines, and work with the nurse to conduct weekly clinics. B. Schedule Foot Care Clinics and register clients for clinics held at the Harman Center. 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) Exhibit "A," which is attached and incorporated into this Agreement. B. Complete and sign the "E -Verify Compliance Declaration Exhibit "B," which is attached and incorporated into this Agreement. C. Adhere to the clinics as advertised to the public. D. Conduct clinics according to the professional standards issued. E. Maintain current licensing as a Registered Nurse in Washington State and maintain professional liability insurance. Must submit proof of such to the Harman Center Supervisor on a yearly basis. F. Provide an itemized invoice/billing to the City's Recreation Supervisor for the services rendered during the previous month. G. Attend a minimum of three staff meetings per year at a mutually agreed upon time and location. 6 ATTACHMENT "B" PAYMENT SCHEDULE 1. The City of Yakima Parks and Recreation Division shall: A. Pay Rosemary Bonsen Fifteen Dollars ($15.00) per unit, in the Upper Valley and Fifteen Dollars ($15.00) per unit in the Lower Valley. A unit shall consist of one (1) client served. B. The total sum of this contract shall not exceed Thirty Thousand Dollars ($30,000) for 2013. C. Agree to pay the Contractor within thirty (30) days after receiving an itemized bill/invoice. D. Agree to pay the Contractor the City approved mileage reimbursement and approved training expenses not to exceed contract amount. 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 claims 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. 7 • • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: February 5, 2013 I fit ITEM TITLE: SUBMITTED BY: CONTACT PERSON/TELEPHONE: SUMMARY EXPLANATION: 9 Resolution authorizing a Geriatric Foot Care Services Agreement with Rosemary Bonsen, R. N., to provide foot care services at the Harman Center Chris Waarvick, Director of Public Works Ken Wilkinson, Parks and Recreation Manager Ken Wilkinson, Parks and Recreation Manager, 576-6020 Staff respectfully requests City Council consideration of an agreement between the City of Yakima and Rosemary Bonsen, R. N. to provide foot care services at the Harman Center. Foot care services at the Harman Center are funded through a grant from the Office of Aging and Long Term Care. Resolution X Contract: X Contract Term: 1-13-13 through 12-31-13 w/5 one- year agrmt extensions Insurance Required? Yes Funding Source: Ordinance Other (specify) Mail to: Rosemary Bonsen, R.N., 7941 N. Wenas Rd., Selah, WA 98942 Amount: approx $30,000 Expiration Date: 12-31-13 w/5 one-year agrmt extension options ALTC Grant Phone: 509-697-8959 APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff respectfully requests the Council to adopt the Resolution authorizing the City Manager of the City of Yakima to execute a "Geriatric Foot Care Services Agreement" with Rosemary Bonsen, R.N., to provide foot care services at the Harman Center, and depending upon funding, authorizes the City Manager to execute any subsequent amendments or reoccurring agreements substantially in the form of the agreement approved pursuant to this resolution, for the following five years (2018), upon approval as to form by the City Attorney. BOARD/COMMISSION RECOMMENDATION: The Park and Recreation Commission supports this request. ATTACHMENTS: Click to download ❑ Resolution E Agreement • • • Provider FOR OFFICIAL USE ONLY Service Contract No. f q -0 f l City Resolution No. R -2013-J (Please Print) as&n?RR f $onsEN Vendor No. q�� Work Phone No. 549 -414,5'- 7250 Expenditure Code: NO --551-1-1- 1-`1- 10 / 151. 635) 160 PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into bywd between th City of Yakima, a Washington municipal corporation (hereinafter the "City"), and koSEn►4 �i156fI , (hereinafter "Contractor"). WHEREAS, the City requires specialized services to facilitate the scheduled _SOW IWD(W Oi4 E program of the City Parks and Recreation Division. WHEREAS, Contractor has the experience and expertise necessary to perform the specialized services required by the City. WHEREAS, the specialized services are outside the usual course of business of the City of Yakima. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and Contractor as follows: 1. Scope of Services. Contractor shall provide services, staff, specialized equipment, and otherwise do all things necessary for or incidental to the performance of work in conjunction with the r-ibo'(e-PrKg program of the City Parks and Recreation Division and in accordance with attached and incorporated Attachment "A." 2. E -Verify Compliance Declaration. The Contractor shall enroll in the E -Verify program or its successor, and thereafter to verify its employees' proof of citizenship and authorization to work in the United States. The Contractor must remain enrolled in the program for the duration of the contract and be responsible for verification of every applicable subcontractor. The Contractor shall sign and return the E -Verify Declaration, Exhibit "B" which is attached and incorporated into this Agreement. 3. Period of Performance. The period of performance under this Agreement will be one year, commencing at 12:01 a.m. on January 1, 2014 and continuing until midnight on December 31, 2014, unless earlier terminated by either party in accordance with Section 17 or Section 18 of this Contract. The City 'reserves the right to extend this Agreement for five (5) additional one (1) year periods, upon thirty (30) days written notice to the individual service provider prior to its expiration. The Parks acid Recreation Division Manager has the authority and is authorized to extend this Agreement through the Parks and Recreation Division Manager's execution of up to five one-year Authorized by Resolution No.: R-2013-01/ 5c. 1 Extension Agreements pursuant to this Section, and any such Extension Agreement does not have to be approved by a City Council Resolution. 4. Consideration. As consideration for the services performed pursuant to this Agreement, the City agrees to compensate Contractor in accordance with attached and incorporated Attachment "B." The Contractor shall provide the City with an itemized invoice/billing no later than thirty (30) calendar days after the services are provided. The City shall make payment to the Contractor within thirty (30) calendar days upon receipt of each invoice/billing; provided, however, that the Contractor waives any and all claims for compensation for services where the Contractor has failed to provide the City with an itemized invoice/billing for said services within sixty (60) calendar days of providing said services. Also, all payments are expressly conditioned upon the Contractor providing training or services hereunder that are satisfactory to the City. 5. Independent Contractor Status of Contractor. Contractor and the City understand and expressly agree that Contractor is an independent contractor in the performance of each and every part of this Agreement. Contractor, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement free from supervision by the City over the methods and details of performance except as described in Exhibit "A" Additionally, and as an independent contractor, Contractor and its employees shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement benefits, provided, however that Contractor may be eligible for industrial insurance from the City. Nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership or agency between Contractor or any officer, employee or agent of Contractor and the City. 6. Taxes and Assessments. 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, Contractor shall pay the same before it becomes due. 7. Nondiscrimination Provision. During the performance of this Agreement, Contractor shall not discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of race, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. 8. The Americans With Disabilities Act. Contractor agrees to comply with the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations, and Washington State's anti -discrimination law as contained in RCW Chapter 49.60 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. Authorized by Resolution No. R-2013-01 sc 2 9. Compliance With Law. Contractor agrees to perform those services 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. 10. No Insurance. It is understood the City does not maintain liability insurance for Contractor and/or its employees. 11. Indemnification and Hold Harmless. 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 Contractor's performance or non-performance of the services, duties and obligations required of it under this Agreement. 12. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by 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 Contractor stated herein. 13. Non -Waiver. The waiver by Contractor or the City of the breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. 14. Damages. If for any reason the Contractor fails to provide the services required under this Agreement, the Contractor shall be liable for any and all additional expenses incurred by the City in securing such services elsewhere. 15. No Conflict of Interest. Contractor represents that he/she does 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. Further, the Contractor specifically represents that he/she is not an officer or an employee of the City, nor does he/she reside with or contribute monetary amounts to any City employee or officer. 16. Severability. a. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. b. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. 17. Integration and Supersession. 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 Authorized by Resolution No.: R-2013-01Jse 3 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. 18. Termination. Either party may terminate this Agreement, with or without cause, by giving the other party ten (10) days written notice of termination. 19. Termination/Reduction of Services Due to Withdrawal, Reduction or Limitation of Funding. In the event that funding from any source is withdrawn, reduced and/or limited in any way after the effective date of and prior to completion of this Agreement, the City may unilaterally reduce the scope of services, work and compensation of this Agreement, or summarily terminate this Agreement notwithstanding any other termination provisions of this Agreement. Termination under this section shall be effective upon hand delivery or delivery by facsimile of a written notice of termination to Contractor, or three (3) calendar days after mailing (by first class mail) of a written notice of termination to Contractor, whichever is sooner. 20. Survival. Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this agreement and shall be binding on the parties to this Agreement. 21. 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: Ken Wilkinson, Parks & Recreation Manager City of Yakima Public Works Parks & Recreation Division 2301 Fruitvale Blvd. Yakima, WA 98902 (509) 575-6020nn Name KbSEp1RK(?.BaOSE� Vendor No. Cil -o 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 when 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 C. of Washington for Yakima County, Washington. CITY 0 YAKIM CONT By: P DATE: rks & Recre - tion D ision Manager Authorized by Resolution No.: R-2013-010/SC 4 By I Print ame: DATE: *04 //l5% Service Contract No. 14 -on CERTIFIED STATEMENT State of Wa Contractor. , certify under penalty of perjury under the laws of the at I am the Contractor, or am authorized to sign this contract on behalf of the DATED this 1 day of re -b , 2014, at 3 City Resolution No. R-2013-01,4 s- City Contract No. $1, gb/cr-Oce Authorized by Resolution No.. R-2013-01SC 5 , Washington. ATTACHMENT "A" AREAS OF RESPONSIBILITIES: 1. The City of Yakima Parks and Recreation Division shall: A. Determine the scope of services, establish clinic guidelines, and work with the nurse to conduct weekly clinics. B. Schedule Foot Care Clinics and register clients for clinics held at the Harman Center. 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) Exhibit 'A," which is attached and incorporated into this Agreement. B. Complete and sign the "E -Verify Compliance Declaration Exhibit "B," which is attached and incorporated into this Agreement. C. Adhere to the clinics as advertised to the public. D. Conduct clinics according to the professional standards issued. E. Maintain current licensing as a Registered Nurse in Washington State and maintain professional liability insurance. Must submit proof of such to the Harman Center Supervisor on a yearly basis. F. Provide an itemized invoice/billing to the City's Recreation Supervisor for the services rendered during the previous month. G. Attend a minimum of three staff meetings per year at a mutually agreed upon time and location. 6 i ATTACHMENT "B" PAYMENT SCHEDULE 1. The City of Yakima Parks and Recreation Division shall: A. Pay Rosemary Bonsen Fifteen Dollars ($15.00) per unit, in the Upper Valley and Fifteen Dollars ($15.00) per unit in the Lower Valley. A unit shall consist of one (1) client served. B. The total sum of this contract shall not exceed Thirty Thousand Dollars ($30,000) for 2013. C. Agree to pay the Contractor within thirty (30) days after receiving an itemized bill/invoice. D. Agree to pay the Contractor the City approved mileage reimbursement and approved training expenses not to exceed contract amount. 2. The Contractor shall: A. Provide an itbmized 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 claims 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. 7 Do Not Scan this Form IRS FORM 1099 (MIS) Exhibit "A" LIContract No. I _I '0 n The U.S. Internal Revenue Code requires the City of Yakima to file "IRS FORM 1099" for certain payments which total an aggregate of $600 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 31%. To assist the City of Yakima in meeting the Internal Revenue Service reporting requirements and for you to avoid the 31% withholding requirement, please complete the items below, sign and date. kc wm4AV &as6J Name Address71N1 A, WE/06- a (PLEASE PRINT) City 5� iak State OF . Zip 9 $q �a Home Phone No. ` Work Phone No. q - 73,6'th Social Security Number _ Tax I.D. Number Check One: Individual Corporation Partnership Professional Service Corp. Sole Proprietorship Authorized Signature "Ail/ I i..if •4 Or If you believe payments to you by e 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. Date _ 1// j) l �_ _ Authorized by Resolution No: R -2013-015c 8 NOTE: Even if you subsequently give us your Tax Identification Number, the City of Yakima cannot pay the withheld amount to you. Once the 31% portion has been withheld, you must file a tax return to receive credit for the withheld amount. Authorized by Resolution No.: R-2013-01 $G 9 Exhibit "B" Contract No. E -VERIFY The City of Yakima supports the Federal Immigration, Reform and Control Act of 1986, as amended. The City requires that all contractors or business entities that contract with the City for the award of any City contract for public works in excess of Five Thousand Dollars ($5,000), or any other city contract in excess of Two Thousand Five Hundred Dollars ($2,500), enroll in the E -Verify program or its successor, and thereafter to verify its employees' proof of citizenship and authorization to work in the United States. E -Verify will be used for newly hired employees during the term of the contract ONLY: it is NOT to be used for existing employees. The Contractor must remain enrolled in the program for the duration of the contract and be responsible for verification of every applicable subcontractor. The contractor shall sign and return with their bid response the E -Verify Declaration below. Failure to do so may be cause for resection of bid. E -VERIFY COMPLIANCE DECLARATION The undersigned declares, under penalty of perjury under the laws of Washington State that: 1. By submitting this Declaration, I certify that I do not and will not, during the performance of this contract, employ illegal alien workers, or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986. 2. I agree to enroll in E -Verify prior to the start date of any contract issued by the City of Yakima to ensure that my workforce is legal to work in the United States of America. I agree to use E -Verify for all newly hired employees during the length of the contract. 3. I certify that I am duly authorized to sign this declaration on behalf of my company. 4. I acknowledge that the City of Yakima reserves the right to require evidence of enrollment of the E -Verify program at any time and that non-compliance could lead to suspension of this contract_ Firm Name: ROSE r ARYL �-� a,r� Dated this Signature: Printed Name: Vendor No. 49,1 day of F., 6 . , 20 i 4 . 1A644.4. 03. •,, ,Ro &f it) I Authorized by Resolution No: R-2013-01,64- 10 FOR OFFICIAL USE ONLY 2 Service Contract No. i5 -o13 City Resolution No. R-2013-14 (Please Print) Provider RoStnAkri (� t7�1SLn Vendor No. crg5Z Expenditure Code: t 31 . 5 5 4i co Work Phone No. 94 S ) 3 SD PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into by and between the City of Yakima, a Washington municipal corporation (hereinafter the "City"), and R oSc ma/fon SC , (hereinafter "Contractor"). WHEREAS, the City requires specialized services to facilitate the scheduled ia0+ C (C_ program of the City Parks and Recreation Division. WHEREAS, Contractor has the experience and expertise necessary to perform the specialized services required by the City. WHEREAS, the specialized services are outside the usual course of business of the City of Yakima. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and Contractor as follows: 1. Scope of Services. Contractor shall provide services, staff, specialized equipment, and otherwise do all things necessary for or incidental to the performance of work in conjunction with the F0 +4a ✓v program of the City Parks and Recreation Division and in accordance with attached and incorporated Attachment "A." 2. E -Verify Compliance Declaration. The Contractor shall enroll in the E -Verify program or its successor, and thereafter to verify its employees' proof of citizenship and authorization to work in the United States. The Contractor must remain enrolled in the program for the duration of the contract and be responsible for verification of every applicable subcontractor. The Contractor shall sign and return the E -Verify Declaration, Exhibit "B" which is attached and incorporated into this Agreement. 3. Period of Performance. The period of performance under this Agreement will be one year, commencing at 12:01 a.m. on January 1, 2015 and continuing until midnight on December 31, 2015, unless earlier terminated by either party in accordance with Section 17 or Section 18 of this Contract. The City reservesthe right to extend this Agreement for five (5) additional one (1) year periods,—upon -thirty-(30)-days-written-notice-to-the-individual-service-provider-prior-to-its-expi ration. The Parks and Recreation Division Manager has the authority and is authorized to extend this Agreement through the Parks and Recreation Division Manager's execution of up to five one-year Authorized by Resolution No.: R-2013-014 1 Extension Agreements pursuant to this Section, and any such Extension Agreement does not have to be approved by a City Council Resolution. 4. Consideration. As consideration for the services performed pursuant to this Agreement, the City agrees to compensate Contractor in accordance with attached and incorporated Attachment "B." The Contractor shall provide the City with an itemized invoice/billing no later than thirty (30) calendar days after the services are provided. The City shall make payment to the Contractor within thirty (30) calendar days upon receipt of each invoice/billing; provided, however, that the Contractor waives any and all claims for compensation for services where the Contractor has failed to provide the City with an itemized invoice/billing for said services within sixty (60) calendar days of providing said services. Also, all payments are expressly conditioned upon the Contractor providing training or services hereunder that are satisfactory to the City. 5. Independent Contractor Status of Contractor. Contractor and the City understand and expressly agree that Contractor is an independent contractor in the performance of each and every part of this Agreement. Contractor, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement free from supervision by the City over the methods and details of performance except as described in Exhibit Additionally, and as an independent contractor, Contractor and its employees shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement benefits, provided, however that Contractor may be eligible for industrial insurance from the City. Nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership or agency between Contractor or any officer, employee or agent of Contractor and the City. 6. Taxes and Assessments. 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, Contractor shall pay the same before it becomes due. 7. Nondiscrimination Provision. During the performance of this Agreement, Contractor shall not discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of race, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. 8. The Americans With Disabilities Act. Contractor agrees to comply with the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations, and Washington State's anti -discrimination law as contained in RCW Chapter 49.60 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. Authorized by Resolution No.: R-2013-014 2 9. Compliance With Law. Contractor agrees to perform those services 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. 10. No Insurance. It is understood the City does not maintain liability insurance for Contractor and/or its employees. 11. Indemnification and Hold Harmless. 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 Contractor's performance or non-performance of the services, duties and obligations required of it under this Agreement. 12. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by 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 Contractor stated herein. 13. Non -Waiver. The waiver by Contractor or the City of the breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. 14; Damages. If for any reason the Contractor fails to provide the services required under this Agreement, the Contractor shall be liable for any and all additional expenses incurred by the City in securing such services elsewhere. 15. No Conflict of Interest. Contractor represents that he/she does 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. Further, the Contractor specifically represents that he/she is not an officer or an employee of the City, nor does he/she reside with or contribute monetary amounts to any City employee or officer. 16. Severability. a. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. b. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision 17. Integration and Supersession. 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 Authorized by Resolution No.: R-2013-014 3 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. 18. Termination. Either party may terminate this Agreement, with or without cause, by giving the other party ten (10) days written notice of termination. 19. Termination/Reduction of Services Due to Withdrawal, Reduction or Limitation of Funding. In the event that funding from any source is withdrawn, reduced and/or limited in any way after the effective date of and prior to completion of this Agreement, the City may unilaterally reduce the scope of services, work and compensation of this Agreement, or summarily terminate this Agreement notwithstanding any other termination provisions of this Agreement. Termination under this section shall be effective upon hand delivery or delivery by facsimile of a written notice of termination to Contractor, or three (3) calendar days after mailing (by first class mail) of a written notice of termination to Contractor, whichever is sooner. 20. Survival. Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this agreement and shall be binding on the parties to this Agreement. 21. 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: Ken Wilkinson, Parks & Recreation Manager City of Yakima Public Works Parks & Recreation Division 2301 Fruitvale Blvd. Yakima, WA 98902 (509) 575-6020 Name Vendor No. 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 when 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 AKIMA n Wilkinson Parks & Recreation Division Manager Print Name: ' �1Wrtrl/tfCY L)017 DATE: I103---.. DATE: //a(o/ tS Service Contract No. 15 -013 - CONT :. OR By: Authorized by Resolution No.: R-2013-014 4 CERTIFIED STATEMENT State of Wa Contractor. , certify under penalty of perjury under the laws of the t I am the Contractor, or am authorized to sign this contract on behalf of the DATED this of day of City Resolution No. R-2013-014 City Contract No. r1LO / S— t�- Authorized by Resolution No.. R-2013-014 5 Washington. ATTACHMENT "A" AREAS OF RESPONSIBILITIES: 1. The City of Yakima Parks and Recreation Division shall: A. Provide information packets to the Contractor a minimum of ten (10) working days prior to the activity, program or trip. B. Provide a tentative participant roster to the Contractor a minimum of one (1) working day prior to the activity, program or trip. A final roster will be available prior to the first class or session. C. Give a minimum of forty-eight (48) hours notice of schedule changes for which the Contractor has been scheduled. This notice does not apply to School District facility cancellations or Acts of God. D. Allow a program or activity to be rescheduled at a mutually agreed upon time and location as assigned by the Recreation Supervisor/Coordinator/Leader to meet the fulfillments of this contract. E. Pay the Contractor for services provided within thirty (30) days after receiving the invoice/bill. 2. The Contractor shall: A. Complete and sign the U.S. Internal Revenue Service Form 1099 (MIS) Exhibit "A", which is attached and incorporated into this Agreement. B. Complete and sign the E -Verify Compliance Declaration Exhibit "B," which is attached and incorporated into this Agreement. C. Scope of Services: Adhere to the agreed upon instruction and/or services as described in Attachment "B" which is attached and incorporated into this Agreement. Authorized by Resolution No. R-2013-014 6 ATTACHMENT "B" CONSIDERATION: Contract No. 15-01 3 As consideration for the services performed pursuant to this Agreement, the City agrees to compensate the Contractor as follows. 1 Program Title: 1-06-1--G‘ti Activity Number: Amount: I S . oo Per: CIi- Cnt- Program Title: Activity Number: Amount: Per: Program Title: Activity Number: Amount: Per: Program Title: Activity Number: Amount: Per: Program Title: Activity Number: Amount: Per: Program Title: Activity Number: Amount: Per: Program Title: Activity Number: Amount: Per: The total sum of this agreement shall not exceed $10,000.00 Authorized by Resolution No.: R-2013-014 7 Do Not Scan this Form IRS FORM 1099 (MIS) Exhibit "A" Contract No. The U.S. Internal Revenue Code requires the City of Yakima to file "IRS FORM 1099" for certain payments which total an aggregate of $600 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 31%. To assist the City of Yakima in meeting the Internal Revenue Service reporting requirements and for you to avoid the 31 % withholding requirement, please complete the items below, sign and date. Name (6,567724R`�% LOSSEN (PLEASE PRINT) Address 7940 ,J, bi e,11%s +C City &i4 State Zip 93(740, Home Phone No. Work Phone No. 9po- 73_50 Social Security Number Tax I.D. Number Check One: Individual Corporation Partnership Professional Service Corp. Sole Proprietorship Authorized Signature Date //c2,6/45 If you believe payments to you by the ity 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. Authorized by Resolution No : R-2013-014 8 NOTE: Even if you subsequently give us your Tax Identification Number, the City of Yakima cannot pay the withheld amount to you. Once the 31 % portion has been withheld, you must file a tax return to receive credit for the withheld amount. Authorized by Resolution No.: R-2013-014 9 Exhibit "B" Contract No. i ' E -VERIFY The City of Yakima supports the Federal Immigration. Reform and Control Act of 1986, as amended. The City requires that all contractors or business entities that contract with the City for the award of any City contract for public works in excess of Five Thousand Dollars ($5,Q00), or any other city contract in excess of Two Thousand Five Hundred Dollars ($2,500), enroll in the E -Verify program or its successor, and thereafter to verify its employees' proof of citizenship and authorization to work in the United States. E -Verify will be used for newly hired employees during the term of the contract ONLY: it is NOT to be used for existing employees. The Contractor must remain enrolled in the program for the duration of the contract and be responsible for verification of every applicable subcontractor. The contractor shall sign and return with their bid response the E -Verify Declaration below. Failure to do so may be cause for rejection of bid. E -VERIFY COMPLIANCE DECLARATION The undersigned declares, under penalty of perjury under the laws of Washington State that: 1. By submitting this Declaration, I certify that I do not and will not, during the performance of this contract, employ illegal alien workers, or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986. 2. I agree to enroll in E -Verify prior to the start date of any contract issued by the City of Yakima to ensure that my workforce is legal to work in the United States of America. I agree to use E -Verify for all newly hired employees during the length of the contract. 3. I certify that I am duly authorized to sign this declaration on behalf of my company. 4. I acknowledge that the City of Yakima reserves the right to require evidence of enrollment of the E -Verify program at any time and that non-compliance could lead to suspension of this contract. Firm Name: Dated this Signature: dayoflilt .. ,20is . Printed Name: Vendor No. Authorized by Resolution No : R-2013-014 10