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HomeMy WebLinkAboutR-1998-004 Agreement / Lebens / Senior CenterRESOLUTION NO. R-98- 4 A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute an agreement with Judy Lebens, R.N., to provide footcare services at the Yakima Senior Center. WHEREAS, the City of Yakima has provided and desires to continue to provide geriatric footcare services to senior citizens at the Yakima Senior Citizen Center; and WHEREAS, the City does not have the personnel or specialized expertise necessary to provide said geriatric footcare services; and WHEREAS, Judy Lebens, R.N., has the experience and expertise necessary to provide said geriatric footcare services and is willing to provide these services in accordance with the terms and conditions of the attached agreement; and WHEREAS, the City has previously contracted with Ms. Lebens for said services; and WHEREAS, the City Council of the City of Yakima deems it to be in the best interest of the City of Yakima to enter into a contract for geriatric footcare services with Judy Lebens, R.N. in accordance with the terms and conditions of the attached agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute the attached and incorporated agreement with Judy Lebens, R.N. for geriatric footcare services. �.. ADOPTED BY THE CITY COUNCIL this day of , 1998. / I ATTEST: /.< r2_ ate iC %c� �2 i J =? c � i, c_ City Clerk i1.Ir../lootc.r..pw John Puccinelli, Mayor GERIATRIC FOOTCARE SERVICES AGREEMENT THIS AGREEMENT is made and entered into by and between the CITY OF YAKIMA, (hereafter the "City") and JUDY LEBENS, R.N., (hereafter the "Contractor"). WHEREAS, the City of Yakima has provided and desires to continue to provide geriatric footcare services to senior citizens at the Yakima Senior Citizen Center; and WHEREAS, the City does not have the personnel or specialized expertise necessary to provide said geriatric footcare services; and WHEREAS, Judy Lebens, R.N., has the experience and expertise necessary to provide said geriatric footcare services and is willing to provide these services in accordance with the terms and conditions of this Agreement; and WHEREAS, the City has previously contracted with Ms. Lebens for said services. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein it is agreed by and between the City and the Contractor as follows: 1. Professional Services. The Contractor shall provide geriatric footcare services in conjunction with the City's footcare program. Special areas of responsibilities for both the City and the Contractor are contained in Attachment "A," which is attached and incorporated into this Agreement. 2. Consideration. As consideration for the service provided pursuant to this Agreement, the City agrees to compensate the Contractor according to Attachment "B," which is attached and incorporated into this Agreement. The Contractor shall submit a final itemized invoice/billing for services to the City no later than thirty (30) days following the last date of services rendered. The Contractor waives all claim to compensation in the event the City does not have a final itemized invoice/billing for services within sixty (60) days of the last day on which services were rendered. 3. Term of Agreement. The term of this Agreement shall commence on January 1, 1998, and terminate on December 31, 1998, 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 will negotiate a mutually agreed upon date, Pae - 1 of 5 OW.gr/ tcme 3/pm 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. Discrimination. The Contractor shall not discriminate against any employee or applicant on the grounds of race, creed, color, religion, national origin, sex, marital status, age, or the presence of any sensory, mental, or physical handicap. Such action shall include but not be limited to: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff of termination; rates of pay or other forms of compensation; and programs for training including apprenticeships. 10. Compliance With Law. The Contractor agrees to perform the services and work under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. 11. No Insurance. It is understood the City does not maintain liability insurance for the Contractor or its employees. Page - 2 of 5 (Ik} 4r/ ,... 3/pm 12. 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 this Agreement. 13. 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. 14. 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. 15. 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. 16. 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. 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 Page - 3 of 5 1o<}.gr! tr..e 3/pm 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. 18. 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. 19. 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. 20. 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. 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: Parks & Recreation Manager City of Yakima Parks & Recreation 2301 Fruitvale Boulevard Yakima, WA 98902 (509)575-6020 Judy Lebens, R.N. 410 North 80th Avenue Yakima, WA 98908 (509)966-2336 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Page -4of5 pgagr/ team 3/pm 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. JUDY LEBENS, R.N. \ CITY OF YAKIMA By: R. A. Zais, City Manager Date: *\. By Ji ATTEST: City Clerk Clerk Contract #98-03 Resolution #R-98-04 Page - 5 of 5 3/ pm ATTACHMENT "A" AREAS OF RESPONSIBILITIES: 1. The City of Yakima Parks and Recreation Division shall: he services, establish clinic A. Deterguidelines, and workhe withe t the nurse to conduct weekly guidelines, 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 Coordinatordetermine, based available funds, the nur 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 Foirn 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. pkpgr/footcare 2 attachments/pm ATTACHMENT "B" PAYMENT SCHEDULE: 1. The City of Yakima Parks and Recreation Division shall: A. Pay Judy Lebens Six Dollars and Seventy -Five Cents ($6.75) per unit. A unit shall consist of one (1) client served. B. The total sum of this contract shall not exceed Fourteen Thousand Dollars ($14,000.00) for 1998. C. Agree to pay the C bill/invoice.trafor within thin thirty (30) days after receiving an it 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. (Ik)agr/f tcare 2 ettadm¢nts/Pm ATTACHMENT "C" IRS FORM 1099 (MIS) The U.S, Internal Revenue Code requires which total an aggregatellof Six e "IRS FORM 1099"for certain payments Hundred Dollars ($600.00) or more during the calendar year. When a correct taxpayer identification err, such as a Social Security the City of Yakima must Tax I.D. number, has not been furnished, withhold from payments a tax equal to twenty percent (20%). To assist the City of Yakima u to avoie id theernal twenyevenue Service per percent (20%) reporting requirements andfor y withholding requirement, please complete the items below, sign, and date: Name: ce i_, Address: City: r ✓9I Work ' one No.:/ .. /5"-r Home Phone No.: Tax I.D. Number: Social Security Number: y `' y ,i G' `e, ` `' Check One: Individual Corporation [ 1 Partnership 11 Professional Service Corp. [ 1 Sole Proprietorship ; - 11 % __ { 1 f , ,�_ '°' Date: �` ��� Authorized Signator.=" /11. �' -�°' / _.- If you believe payments` o you by the ity of Yakima are from with the Internal Revenue Service reporting requirements, please supply an explanation of the exemption ons prth reference to the oviding for such exemption. Internal Revenue Code Regul p NOTE: Even if you subsequently give us Tax Identification Number, the City of Yakima cannot pay the withheld amount to yo must u. Ole a tax nce the twenty percent (20%) portion has been withheld, you return to receive credit for the withheld amount. pky gr/footcare 2 attachments/pm ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. % 1T For Meeting of January 13, 1998 Agreement Between the City of Yakima and Judy Lebens, R.N., to Provide Footcare Services at the Yakima Senior Center Jerry Copeland, 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 Judy Lebens, R.N., to provide footcare services for 1998 at the Yakima Senior Center. Footcare services are funded through a grant from the Office of Aging and Long Term Care. Judy Lebens has been the registered nurse providing that service for the past 8 years at the Senior Center. Resolution x Ordinance _ Contract _ Other (Specify) Agreement Funding Source Aging and Long Term Care APPROVED FOR SUBMITTAL: ity Manager STAFF RECOMMENDATION: To approve the attached Resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: