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HomeMy WebLinkAboutContract (CY O ± i► : CAG-15-084 COMMUNITY SERVICES DEPARTMENT CONTRACT AGREEMENT THIS AGREEMENT is made as of the 10th day of April, 2015, between the CITY OF RENTON, a municipal corporation of the State of Washington, hereinafter referred to as"CITY" and KAREN'S FOOT CARE, hereinafter referred to as"CONTRACTOR,"to provide foot care at the Renton Senior Activity Center, 211 Burnett Avenue North, Renton,Washington 98057. The City and Contractor agree as set forth below. 1. Scope of Services. The Contractor will provide all material and labor necessary to perform all work described in the Proposal which is included with this Agreement as Attachment"A." 2. Changes in Scope of Services. The City, without invalidating the Contract, may order changes in the Services consisting of additions, deletions or modification,the Contract Sum being adjusted accordingly. Such changes in the work shall be authorized by written Change Order signed by the City and the Contractor. 3. Time of Performance. The Contractor shall commence performance of the Contract no later than ten (10) calendar days after the Contract's final execution, and shall complete the full performance of the Contract not later than April 25, 2016. 4. Term of Contract. The Term of this Agreement shall end at completion of the enclosed scope of work. This Agreement may be extended to accomplish change orders, if required, upon mutual written agreement of the City and the Contractor. 5. Contract Sum. The total amount of this Contract is the sum of Two Dollars($2.00) per client per visit. (See Attachment A.) 6. Method of Payment. Payment by the City for the Services will only be made after the Services have been performed and a voucher or invoice is submitted in the form specified by the City. Payment will be made thirty(30) days after receipt of such voucher or invoice. The City shall have the right to withhold payment to the Contractor for any work not completed in a satisfactory manner until such time as the Contractor modifies such work so that the same is satisfactory. 7. Employment. The Contractor's employees are not employees of the City of Renton. 8. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the Contract without express written consent of the City of Renton. 9. Recordkeeping and Reporting. The Contractor shall maintain accounts and records,which properly reflect all direct and indirect costs expended and services provided in the performance of this Agreement. The Contractor agrees to provide access to any records required by the City. 10. Hold Harmless. The Contractor shall indemnify, defend and hold harmless the City, its officers, agents, employees and volunteers,from and against any and all claims, including claims from third parties, losses or liability,or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness,disease or death to Contractor's own employees,or damage to property occasioned by a negligent act,omission or failure of the Contractor. 11. Insurance. The Contractor shall secure and maintain in force throughout the duration of this Agreement the following insurance policies and required provisions,and shall not cancel or suspend the insurance policies identified below,except after twenty(20) calendar days prior written notice by certified-mail to the City of Renton: i. Commercial Automobile Liability Insurance: With a minimum combined single limit for bodily injury and property damage of$1,000,000 for each accident. This coverage is required of all Contractor,subcontractors, and professional service providers where a vehicle will be used to fulfill this Agreement.The City may request a copy of the Contractor's employee driving record abstracts. ii. Commercial General Liability Insurance: With the minimum amounts of$1,000,000 for each occurrence/$2,000,000 aggregate throughout the duration of this Agreement. iii. Professional Liability Insurance: With the minimum amount of$1,000,000 for each occurrence, shall also be secured for any professional services being provided to the City of Renton that are excluded in the commercial general liability insurance. iv. Workers' Compensation: As required by the Industrial Insurance laws of the State of Washington. v. Renton as an Additional-Insured: Primary insurance with coverage for the City of Renton. It is agreed that on Contractor's commercial general and automobile liability policies,the City of Renton will be named as an Additional-Insured on a non-contributory and primary basis. vi. Verification of Coverage: Subject to the Renton's review and acceptance, a certificate of insurance showing the required provisions and proper endorsements, shall be delivered to Renton before executing the work of this Agreement. vii. Additional Provisions: a. Renton's Insurance: The City of Renton's insurance, self-insurance,or insurance pool coverage shall only cover the City of Renton and not contribute to the Contractor's coverage. b. Review of Policy: Upon request,the Contractor shall give Renton a full copy of the insurance policy for its records and for the Renton City Attorney's or Risk Manager's review. The policy may be reviewed and the value reassessed annually. c. Termination: Notwithstanding any other provision of this Agreement,the failure of Contractor to comply with the above provisions of this section shall subject this Agreement to immediate termination without notice to any person in order to protect the public interest. d. Notice of Cancellation: The Contractor shall provide the City with written notice of any policy cancellation,within two business days of receipt of such notice. e. No limitation: The insurance required by this Agreement shall not be construed to limit the liability of the Contractor to the coverage provided by the insurance,or otherwise limit the city's recourse to any remedy available at law or in equity. 12. Compliance with Laws. The Contractor and all of the Contractor's employees shall perform the services in accordance with all applicable federal, state,county and city laws,codes and ordinances. 13. Conflicts. In the event of any inconsistencies between contractor proposals and this Contract,the City of Renton contract shall prevail. 14. Prevailing Wage Rates. By executing this Contract,the Contractor agrees to comply with the State's prevailing wage requirements as set forth in the Contract Documents. This Agreement is entered into as of the day and year written above. CONTRACTOR CITY OF RENTON Signature Signature Karen Poppleton Terry Higashiyama Printed Name and Title Printed Name and Title dba KAREN'S FOOT CARE Business Name 28414 178th Ave SE Mailing Address Kent,WA 98042 City State Zip EXHIBIT A Foot Care at the Renton Senior Activity Center KAREN'S FOOT CARE SCOPE OF WORK I. Administration A. Provide daily client appointment totals to the Renton Senior Activity Center. B. Hiring and managing the on-site staff.All KAREN'S FOOT CARE staff must have completed Washington State background checks before they are allowed to work. Licensed nail technicians will provide foot care service. C. Work with the Renton Senior Activity Center staff members on the coordination of the foot care program. D. This Contract will expire on April 10, 2016. II. Service Agreement A. KAREN'S FOOT CARE will be responsible for scheduling appointments. B. KAREN'S FOOT CARE will collect foot care fees from clients based on the following fee schedule: $27.00 regular foot care service and specialized foot care service (diabetics,those on blood thinners) The City of Renton will receive$2.00 for each completed appointment from KAREN'S FOOT CARE. This payment with the client appointment totals is due on a daily basis. C. Clients receive a comprehensive assessment of their foot care needs at the first session. After the initial assessment, a session consists of a trim and file of the nails and, if necessary,file calluses. Lotion is then applied for dryness and comfort followed by a brief foot massage. A warm water soak is provided for foot care clients. D. KAREN'S FOOT CARE staff is required to set up and clean up the Nursing room in which the foot care service is held.