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01/10/2012 05I Harman Center Foot Care Services Agreement with Melanie Marvel, R.N. for 2012 fi , I BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 5 Item No. For Meeting of January 10, 2012 ., -.:t,' !. - ITEM TITLE: Resolution authorizing Geriatric Foot Care Agreement with Melanie Marvel, R.N., to provide foot care services at the Harman Center for 2012 SUBMITTED BY: Chris Waarvick, Director of Public Works Ken Wilkinson, Parks and Recreation Manager CONTACT PERSON /TELEPHONE: Ken Wilkinson, Parks and Recreation Manager, 575 -6020 SUMMARY EXPLANATION: Staff respectfully requests City Council consideration of an agreement between the City of Yakima and Melanie Marvel, R.N., to provide foot care services for Senior Citizens at the Harman Center during 2012. Foot care services at the Harman Center are funded through a grant from the Office of Aging and Long Term Care (ALTC). Resolution X Ordinance Other (specify) Contract: X Mail to: Melanie Marvel, R.N, P 0 Box 880 Yakima, WA 98907 Contract Term: January 1, 2012 Amount: not to exceed $20,000 Expiration Date: December 31, 2012 December 31, 2012 Insurance Required? Yes Funding Source: ALTC Grant Phone: 509.469 0664 APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff respectfully requests the City Council to adopt the Resolution authorizing the City Manager of the City of Yakima to execute a "Geriatric Foot Care Services Agreement" with Melanie Marvel, R.N , to provide foot care services at the Harman Center for 2012. BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download ❑ Resolution ❑ Agreement RESOLUTION NO. R -2012- A RESOLUTION authorizing the City Manager of the City of Yakima to execute a "Geriatric Foot Care Services Agreement" with Melanie Marvel, R.N., to provide foot care services at the Harman Center for 2012. 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, Melanie Marvel, 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 the attached agreement; and WHEREAS, the City needs an additional geriatric foot care service provider 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 Melanie Marvel, 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 Foot Care Services Agreement" with Melanie Marvel, R.N., to provide foot care services at the Harman Center for 2012. ADOPTED BY THE CITY COUNCIL this 10 day of January, 2012. Mayor ATTEST City Clerk 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 MELANIE MARVEL, 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, Melanie Marvel, 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 Melanie Marvel, R.N. for said services. and 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-Verifv 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. Term of Agreement. The period of performance under this Agreement is one year, commencing on January 1, 2012, and continuing until midnight on December 31, 2012, unless earlier terminated by either party in accordance with Section 21 of this Agreement. 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 1 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. 13. No Insurance. It is understood the City does not maintain liability insurance for the CoOntractor 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. 2 15. 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, 2012, 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. 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 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. 3 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: Ken Wilkinson Parks & Recreation Manager City of Yakima Parks & Recreation 2301 Fruitvale Boulevard Yakima, WA 98902 (509) 575 -6020 TO CONTRACTOR. Melanie Marvel, R.N. P. O. Box 880 Yakima, WA 98907 (509) 469 -0664 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. 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 YAKIMA MELANIE MARVEL, R.N. By: By Michael A. Morales, City Manager Melanie Marvel, R.N. Date: Date: ATTEST: City Clerk Resolution No. City Contract No. 4 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) Attachment "C," 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. 5 ATTACHMENT "B" PAYMENT SCHEDULE 1. The City of Yakima Parks and Recreation Division shall: A. Pay Melanie Marvel 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 Twenty Thousand Dollars ($20,000) for 2012. 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. 6 Exhibit "A" 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 $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 (PLEASE PRINT) Address City Stat Zip e Home Phone No. Work Phone No. Social Security Number Tax I.D. 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 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. 7 Exhibit "B" 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 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 day of , 20 Signature: Printed Name: Phone #: Email Address: 8