HomeMy WebLinkAboutR-1992-D6043 Footcare10.
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RESOLUTION NO. D.D 6 0 4 3
A RESOLUTION authorizing and directing the City Manager and 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, provides geriatric footcare services
through the Yakima Senior Citizens Center, and
WHEREAS, the Parks and Recreation Division desires to continue to
provide this needed service performed by a licensed registered nurse; and
WHEREAS, the City Council of the City of Yakima deems it to be in
the best interest of the City of Yakima to authorize execution of a contract
for such services; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
YAKIMA:
The City Manager and the City Clerk of the City of Yakima are
hereby authorized and directed to execute the attached and incorporated
"Agreement Between the City of Yakima and Judy Lebens, R.N." together
with attachments.
ADOPTED BY THE CITY COUNCIL this 7 day of January,
1992.
(:)aJ- VSe-4,t_di
MAYOR
ATTEST:
XAJz.,--- G- .,
CITY CLERK
Legel/bd
Resolutions
RES GFP 2
FOR OFFICIAL USE ONLY: CONTRACT NO:
Provider: Judy Lebens Address: 410 No. 80th Ave.
Yakima, WA 98908
Phone: 966-2336 Expenditure Code: 131.131.425.P190.555.91.410
1992 AGREEMENT
BETWEEN THE CITY OF YAKIMA AND
Judv Lebens
This Agreement is made and entered into the day of 1992,
by and between the City of Yakima, Department of Public Works, Parks and
Recreation Division, herein referred to as the "City" and Judy Lebens, an
individual herein referred to as "Contractor".
WHEREAS, the City finds it necessary to contract with Judy Lebens to
provide specialized instructional skills to facilitate the scheduled Parks &
Recreation Senior Center Footcare Program.
WITNESSETH; That for and in consideration of mutual convenants,
promises and agreements, herein contained the parties mutually agree as
follows;
1. The duties of Judv Lebens are to be performed by the Contractor in
conjunction with the City's Senior Center Footcare program. The
contract shall commence on the 2nd day of January. 1992, and
terminate on the 31st day of December, 1992.
2. During the performance of this Agreement, the Contractor shall not
discriminate on the basis of race, color, sex, religion, national origin,
creed, or the presence of any sensory, mental or physical handicap.
3. Special areas of responsibilities for both the City and the Contractor
are contained in Attachment "A" which is attached and incorporated
into this Agreement.
4. It is expressly agreed upon by both parties that the Contractor,
referred to in this Agreement, is an independent Contractor and not
an employee of the City. The Contractor is solely responsible for
complying with all applicable laws related to such occupation,
including but not limited to payment of Federal Withholding Tax,
FICA, Social Security Tax, Assessment for Unemployment and
Industrial Injury.
5. The Contractor specifically represents to the City that she/he is not
an officer or employee of the City, nor does she/he reside with or
contribute monetary amounts to any City employee or officer.
P & R Contracts 1
J. Lebens
6. It is understood that the City does not maintain liability insurance on
the Contractor.
7. It is understood that the City may cancel or combine footcare
programs due to low enrollment, and that the Contractor will receive
no compensation for the cancelled program.
8. The Contractor shall defend, indemnify and hold harmless the City,
its agents, officers, and employees from any and all liability resulting
out of the performance of this Agreement.
9. As consideration for the services specified in this Agreement, the
City agrees to compensate the Contractor according to the payment
schedule, Attachment "B", which is attached and incorporated into
the Agreement, provided the Contractor submits a final itemized
invoice/billing for services no later than thirty (30) days following the
last day of services rendered. The Contractor waives all claim to
compensation in the event that the City does not have final itemized
invoice/ billing for services within sixty (60) days of the last day on
which services were rendered.
10. The Contractor shall abide by the statements made in the Contract
Instructors Statement, Attachment "C" which is attached and
incorporated into this Agreement.
11. This Agreement, or any interest therein, can not be assigned in
whole or in part by the Contractor to any other party unless mutually
agreed upon by both parties.
12. If the Contractor fails to comply with the terms and conditions of this
Agreement in such a manner that the Parks and Recreation
Manager in his 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 written notice, giving the Contractor
five (5) days notice of termination.
13. If the City fails to comply with the terms and conditions of this
Agreement, the Contractor may terminate this Agreement by written
notice, giving the City thirty (30) days notice of termination.
14. If for any reason prior to termination of this Agreement as provided
herein the Contractor fails to provide the services specified in this
Agreement and the City is forced to secure other such services, the
Contractor shall be held liable for any and all additional expenses to
fulfill their obligation to the City and the footcare program under this
Agre ement.
15. All notices required by this Agreement shall be deemed properly
served when deposited in the United States Mail three (3) days prior
to any deadline listed herein, postage prepaid, and addressed to the
appropriate party at the addresses listed below.
P & R Contracts 2
J. Lebens
16. This Agreement constitutes the entire Agreement between the
parties. There is no other oral or written Agreements between the
parties as to the subjects covered herein.
17. 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 force. Any changes or extensions of this Agreement shall
be in writing and signed by both parties.
Ze-6.6-745.
Name of Contractor
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Address
)/tel -k-1 ►n A
City
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Date
W� f8Pd�'
State Zip Code
Work Phone Number Home Phone Number
CITY OF YAKIMA
City Manager
ATTEST:
oc.f3
L /2 0 /42.
City Clerk 'Date
Date
P & R Contracts 3
J. Lebens
ATTACHMENT "A"
AREAS OF RESPONSIBILITIES:
1. The City of Yakima Parks and Recreation Division shall:
A. Shall 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 clinics at Salvation Army, Granger & Zillah and
schedule clients at those locations.
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. Shall conduct clinics according to the professional standards issued.
D. Shall maintain current licensing as a Registered Nurse in Washington State and
maintain professional liability insurance. Must submit proof of such to the Senior
Center Supervisor on a yearly basis.
E. Provide an itemized invoice/billing to the City's Recreation Supervisor for the
services rendered during the previous month.
P & R Contracts
J. Lebens
4
ATTACHMENT'S"
PAYMENT SCHEDULE:
1. The City of Yakima Parks and Recreation Division shall:
A. Pay Judy Lebens, $6.00 per unit, A unit shall consist of one client
served.
B. The total sum of this contract shall not exceed $12,000 for 1992.
C. Agree to pay the Contractor within 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.
P & R Contracts
J. Lebens
5
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 $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 20%.
To assist the City of Yakima in meeting the Internal Revenue Service reporting
requirements and for you to avoid the 20% withholding requirement, please
complete the items below, sign and date.
Name:
Address:
co GUS-- 98?0 S'
umber/
Security Number:
Tax I.D. N
Social S
Check one:
Individual
Corporation
Partnership
Professional Service Corp
Sole Proprietorship
Authorized Signat
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 20% portion has been
withheld, you must file a tax return to receive credit for the withheld amount.
P 8 R Contracts
J. Lebens
6