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HomeMy WebLinkAboutContract CAG-17-138 � CITY C}F �� —� �� �� ��` � ,a,;�� AGREEMENT FOR FOOT CARE SERVICES AT THE RENTON SENIOR ACTIVITY CENTER CAG- 17 - l3� THIS AGREEMENT, dated the � day of June, 2017, is by and between the City of Renton (the "City"), a Washington municipal corporation, and Karen Poppleton dba Karen's Foot Care ("Consultant" or "Karen's Foot Care"), a sole proprietorship, to provide foot care services at the Renton Senior Activity Center, 211 Burnett Avenue North, Renton, Washington 98057. The City and Consultant are referred to collectively in this Agreement as the"Parties." Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide foot care services to the City as specified in Exhibit A, which is attached and incorporated herein and may hereinafter be referred to as the "Work." To the extent the Work will be performed in a City facility, City agrees to exercise reasonable diligence in keeping the facility hazard-free for Consultant's performance of such work. 2. Time of Performance: Consultant shall commence performance of the Agreement no later than ten (10)calendar days after the effective date of the Agreement. All Work shall be performed by no later than the termination date set forth in Exhibit A. 3. Compensation: A. Amount.The amount of compensation to the City is two dollars($2.00) per client visit; see Exhibit A. B. Method of Pavment. Consultant shall remit payments to the City by the deadlines established in Exhibit A. C. Effect of Acceptance of Pavment.Acceptance of compensation by the City for any part of the Work shatl not constitute a waiver by the City of any remedies it may have against Consultant for failure of Consultant to perform the Work or for any breach of this Agreement by Consultant. 4. Termination: schedule, unless otherwise indicated in Exhibit A or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this Agreement, and Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. 6. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of Consultant. C. If Consultant is a sole proprietorship or if this Agreement is with an individual, Consultant agrees to notify the City and complete any required form if Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through Consultant's failure to do so. 8. Hold Harmless: To the extent permitted under applicable law, each Party shall defend, indemnify, and hold harmless the other Party and its affiliates, officers, directors, employees, agents, and elected officials (the "Indemnified Parties") against and from any and all losses, liabilities,damages, actions, claims, demands, settlements,judgments, and any other expenses (including reasonable attorneys'fees), which are asserted against the Indemnified Parties by a third party, but only to the extent caused by (i) violation of law in the performance of its obligations under this Agreement by the indemnifying party, its affiliates, officers, directors, employees, agents, and elected officials of such party (the "Indemnifying Parties") and/or (ii) the negligence or willful misconduct of the Indemnifying Parties under this Agreement. The indemnities in this section are subject to the Indemnified Parties promptly notifying the Indemnifying Parties in writing of any claims or suits. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction,alteration, improvement, etc.,of structure or improvement attached to real estate...) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Consultant and the City, its officers, officials, employees and volunteers, Consultant's tiability shall be only to the extent of Consultant's negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant's waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties Page 3 of 9 � ��� � � � not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City's recourse to any remedy available at law or in equity. F. Subject to the City's review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 12. Delavs: Consultant is not responsible for delays caused by factors beyond Consultant's reasonable control. When such delays beyond Consultant's reasonable control occur,the City agrees Consultant is not responsible for damages, nor shall Consultant be deemed to be in default of the Agreement. 13. Successors and Assi�ns: Neither the City nor Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 14. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service.Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON CONSULTANT Kelly Beymer Karen Poppleton 1055 South Grady Way 708 17th Street SE Renton, WA 98057 Puyallup, WA 98372 Phone: (425) 430-6617 Phone:(253) 297-7777 Fax: (425) 430-6603 15. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, Consultant agrees as follows: A. Consultant, and Consultant's agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement Page 5 of 9 � F. Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G. Consultant is responsible for his/her own Worker's Compensation coverage as well as that for any persons employed by Consultant. 17. Other Provisions: A. Approval Authoritv. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Mana�ement.The City's project manager is Kelly Beymer. In providing Work, Consultant shalt coordinate with the City's contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governin� Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of Consultant's employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. F. loint Draftin� Effort.This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Page 7 of 9 '$� �' � CITY OF t�Y�ON CONStlLTANT Bv� Bv� Keliy Bey Karen Poppleton Administrator, CommunityServices Dba Karen's Foot Care, a sole Department proprietorship 70817�h Street SE Puyallup, WA 98372 �l�y �7 5 -�� Date Date Attest Jason . th Ci lerk Approved as to Legal Form Shane A. Moloney Renton CityAttorney Page 9 of 9 � EXHIBIT A to Agreement for Foot Care Services 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 inembers on the coordination of the foot care program. D. This Contract will expire on April 13, 2018. 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 (twenty-seven dollars) regular foot care service and specialized foot care service (diabetics,those on blood thinners). The City of Renton will receive$2.00(two dollars)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 sessions 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.