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HomeMy WebLinkAboutR-1994-164 Judy Lebens, R.N.RESOLUTION NO. R-94-164 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 the 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 ad -.. 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 20th day of Dec • , 1994. C3),at MAYOR Ar1'.EST: C CITY CLERK LegaVbd Resolutions RES PARKS 9 FOR OFFICIAL USE ONLY: Provider: Judy Lebens, R.N. Phone: 966-2336 CONTRACT NO: cl f esc 1etc )L3 _c!4 I Y Address 410 No. 80th Avenue Yakima. WA 98908 Expenditure Code: 131.4.131.425.P190.555.91.410 1995 AGREEMENT BETWEEN THE CITY OF YAKIMA AND JUDY LEBENS This Agreement is made and entered into the day of December 1994, 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 and Recreation Footcare Program. WITNESSETH; That for and in consideration of mutual covenants, promises and agreements, herein contained the parties mutually agree as follows; 1. The duties of Judy Lebens are to be performed by the Contractor in conjunction with the City's Footcare program. The contract shall commence on the 2nd day of January, 1995, and terminate on the 31st day of December, 1995. 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 employment, 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. 6. It is understood that the City does not maintain liability insurance on the Contractor. P & R Contracts J. Lebens Contract No 7. It is understood that -She may cancel or combine Footcare Clinics due to low enrollment, and that the Contractor will receive no compensation for the cancelled 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. 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 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. P & R Contracts Judy Lebens 2 City WPC • • • Contract No •T 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. d) rf/ ZNS WA/ Name of Contractor orized Signatur& / o Address /4 •d- ie. A/ / // - Date WA' 91910 1 yq-K/ m 4 City State Zip Code Work Phone Number Home Phone Number CITY OF YAKIMA City Manager ATTEST. City Clerk -J0.v�u0.r� • �cf Date YAKIMA PARKS AND RECREATION 2301 FRU]TVALE BLVD. YAKIMA, WA 98902 (509) 575-6020 P & R Contracts Judy Lebens 3 City WPC Contract No 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 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 1099 (MIS) Attachment "D" 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 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. P & R Contracts Judy Lebens 4 City WPC Contract No ATTACHMENT 'B" PAYMENT SCHEDULE: 1. The City of 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 1995. 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 Judy Lebens 5 City WPC Contract No ATTACHMENT "C" STATEMENT I U Gereby 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 & Recreation Division will pay me $6.50 per unit for the services rendered. I understand I AM NOT an employee of the City of Yakima, and that I am solely responsible for complying with ALL applicable laws related to independent contracted employment. I agree not to solicit program participants during the term of this Agreement, and understand that the facility provided for this program can not be used by me for private purpose($. I agree not to discriminate on the basis of race, color sex, religion, natural origin, creed, or the presence of any sensory, mental or physical handicap. Contractor Signature Date P & R Contracts Judy Lebens 6 City WPC Contract No • ATTACHMENT "D" • • 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. b AL Address -V/c J' V D - City >'/k i rrl W M - f fi l) ? Work Phone No - c 4 /4 Home Phone No Tax I.D Number Social Security Number _____==111n Check one Individual { 4 Corporation { } Partnership { } Professional Service Corp { } Sole Proprietorship { Authorized Signatur 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 & R Contracts Judy Lebens 7 City WPC