HomeMy WebLinkAboutR-1998-013 Agreement / Footcare Services / Senior CenterRESOLUTION NO. R-98- 3
A RESOLUTION authorizing and directing the City Manager and the City Clerk of
the City of Yakima to execute an 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 and City Clerk are hereby authorized and directed to execute
the attached and incorporated agreement with Nadine Smith, R.N. for geriatric
footcare services.
ADOPTED BY THE CITY COUNCIL this
ATTEST
City Clerk
(Ikires,fOO[cale Nadine Smith/pm
day of , , 1998.
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 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, 1998, and terminate on December 31, 1998, unless sooner
telminated 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,
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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.
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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
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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
Nadine Smith, R.N.
/-5'/-4- 5, f-9'
(.a y'/elf .5'1,~ 7 5c' 2 -
or
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.
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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.
B
Y:
R. A. Zais,.
City Manager
Date:
ATTEST:
By �.
adine Smith
Date:
CITY CONTRACT NO:
9,5? -/Z
RESOLUTION NO:
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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.
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ATTACHMENT "B"
PAYMENT SCHEDULE:
1. The City of Yakima Parks and Recreation Division shall:
A. Pay Nadine Smith 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 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.
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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: `(11/1-s9/ru
Address: /'¢i,5- _ 4'r,c i pre
City: U 79- / / „0.7/4 b4,14 , eo' 9 3; -2,,
Work Phone No.: Home Phone No. (52/ V 3-:`3
Tax I.D. Number:
Social Security Number: 3 7/
Check One: Individual
Corporation [
Partnership [
Professional Service Corp. [
Sole Proprietorship [
Authorized Signature: / / / � r. r.- L 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.
Ok)agr/f iea.e 2 aaadnne2 /vin
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. /3
For Meeting of January 20. 1998
Agreement Between the City of Yakima and Nadine Smith, R.N. to
Provide Substitute 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 Nadine Smith,
R.N., to provide substitute 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. Nadine
Smith has been the registered nurse providing substitute service since 1997 at the Senior
Center.
Resolution x Ordinance Contract _ Other (Specify)
Funding Source Aging & Long Term Care Grant
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: To approve the attached Resolution.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: