HomeMy WebLinkAboutR-1993-142 Judy LebensRESOLUTION NO. R-93 -142
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, provide 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
YAIHMA:
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 21st day
of December, 1993.
ATTEST:
..;4A
CITY CLERK
i
.1,17/- 4. 5 .,„yy
MAYOR
FOR OFFICIAL USE ONLY:
CO NO. IQ 3
Provider Tudy Lebens, R.N.
Address: 410 North 80th Avenue Vendor No e).177Y3 s ---6e
City Yakima
State WA Zip 98
• IN:
Work Phone No. Home Phone No. MM
Expenditure Code: 131.4 131.425.P190.555 91 410
1994 AGREEMENT
BETWEEN THE CITY OF YAKIMA AND
Tudy Lebens
This Agreement is made and entered into the day of December,
1993, by and between the City of Yakima, Department of Public Works, Parks
and Recreation Division, herein referred to as the "City" and Tudy 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 and
Recreation Footcare program.
WITNESSETH, That for and in consideration of mutual covenants,
promises, and agreements, herein contained, the parties mutually agree as
follows,
The duties of Ludy Lebens are to be performed by the Contractor
in conjunction with the City's Footcare program The contract
shall commence on the 3rd day of January, 1994, and terminate
on the 31st day of December, 1994
Cocoraca No.
2. During the performance of this A ment, 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
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
employment, including but not limited to payment of Federal
Withholding Tax, FICA, Social Security Tax, Assessment for
Unemployment, and Industrial Injury
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
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
Clinics due to low enrollment and that the Contractor will
receive no compensation for the canceled clinics nor participant
no-shows
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
P & R CONTRACTS
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PAGE 2
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 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
13 & R CONTRACTS
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Conuaci No.
additional expenses to fulfill their obligation to the City and the
Footcare program under this Agreement.
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
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.
P & R CON/TRACTS
FI/MASTER
12/2/93
PAGE 4
•
of Contractor
Address
S ----e/4
Work Phone Number
CITY OF YAKIMA:
City—Manager
ATTEST
irf XXIKLCT
P & R CONTRACTS
H /MASTER
12/2/93
PAGE 5
City Clerk
Date
State Zip Code
Home Phone Number
YAKIMA PARKS AND RECREATION
2301 FRUITVALE BLVD.
YAKIMA, WA 98902
(509) 575-6020
D e
FACHMENT "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 chnics held at the Yakima
Senior Center. A volunteer shall schedule clinics at Salvation Army,
Granger and 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(MIS), Attachment 'D,"
which is attached and incorporated into this Agreement.
B Adhere to the clinics as adverused 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 Supervisor on a yearly basis.
E Provide an itemized invoicabilling to the City's Recreation Supervisor for
the services rendered during the previous month.
P & R CONTRACTS
Fl/MASTER, ATTACH "A"
12/2/93
ATTACHMENT "B"
PAYMENT SCHEDULE
Contract No.
1 The City f Yakima Parks and Recreation Division shall
A. Pay Judy Lebens $6.50 per unit. A unit shall consist of one client served.
B The total sum of this contract shall not exceed $12,000 for 1994
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 Concracu
FI/MASTER. ATTACH lit"
12/2/93
Contraq No.
ATTACHMENT "C"
STATEMENT
hereby certify that I am qualified to perform
the duties as outlined in this Agreement. I agree to abide by the terms of my PERSONAL
SERVICE AGREEMENT and to follow the established guidelines for independent
contractors. I agree to conduct the Footcare Clinics as outlined.
If a reschedule of a program or activity becomes necessary, the contractor and
Recreation Coordinator will negotiate a mutually agreed upon date, time, and location to
fulfill the intent of this contract.
I understand the Yakima Parks and Recreation Division will pay me $ 6.50
per unit for the services rendered.
I understand I AM NOT an employee of the City of Yakima, and that I am solely
responsible for complying with ALL applicable laws related to independent contracted
employment.
I agree not to solicit program participants during the term of this Agreement, and
understand that the facility provided for this program can not be used by me for pnvate
purpose.
I agree not to discriminate on the basis of race, color, sex, religion, national ongin,
creed, or the presence of any sensory, mental, or physical handicap
‚'-3
Contra srSignature Date
P&R CONTRACTS
Fl /MASTER, ATTACH "C"
12/2/93
•
A 1 1 ACHMENT "D"
IRS FORM 1099 (MIS)
Carlin ct 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 dunng the calendar year
When a correct taxpayer identification number, such as a Social Security Tax LD 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
City
Work Phone No.
Tax LD Number
Social Secunty Number
A/
State te,4— Zip vvee
Home Phone No.
Check one.
Corporation
Partnership
Professional Service Corp
Sole Propnetorslup
Authorized Sign
If you believe pay 7 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& R CONTRACTS
F I /MA STER , ATTACH D
12/2/93