HomeMy WebLinkAboutHIGH COUNTRY FOOT CARE - CONTRACT - CONTRACT - FOOTCARE LOWER EXTREMITYCITY OF FORT COLLINS — RECREATION DIVISION
SERVICES AGREEMENT — BUSINESS
THIS AGREEMENT, dated this 1 day of December 2005 is made and entered into by and between THE CITY OF FORT
COLLINS, COLORADO, ("City"), a municipal corporation, and H g Country Foot Care hereinafter referred
to as CONTRACTOR.
WITNESSETH:
The City hereby retains the services of the Contractor for the performance of the following services on a contractual basis:
A. Key elements of the program:
Footcare: nails, massage, footbath.
B. Services provided by Contractor: Lower extremity assessment, footbath, nailcare,
toenails, corns, calluses treated.
C. Cost center: 6244 528170
D. Role of the City of Fort Collins:
Provide private room. Set appointment with clients. Accept
U"4* from clients. Pay High Country in a timely manner.
E. Program/ roj ct description:
2. TERMS OF AGREEMENT. The term of this agreement is from January 2 2005 until December 30 2 005
The City may terminate this Agreement without cause at any time.
CITY: City of Fort Collins, Colorado CONTRACTOR: High Country Foot Care
Recreation Division 133 Yale Ave
214 N. Howes Street Fort Collins, CO 80526
Fort Collins, Colorado 80521
3. COMPENSATION. �2(fnsideration of the services actually rendered b the Contractor under this Agreement, the City agrees to pay the
Contractor the sum of L Dollars per class/session/hou articipant $ xx per class/session/hour/participant) not to exceed
$ 400D The Contractor shall maintain, and make available to the upon request, a log of all hours worked under this Agreement. Neither
the Contractor nor its officers, employees, or agents shall be entitled to compensation for overtime, nor will the City be responsible for withholding
any portion of the Contractor's compensation for taxes, FICA, Workman's Compensation insurance, unemployment compensation insurance or any
other benefits. The Contractor shall not assign any benefit or responsibility nor delegate any duty arising under this Agreement without the prior
written consent of the City.
4. STATUS OF CONTRACTOR. The parties agree that the services rendered by the Contractor, its officers, employees and agents under this
Agreement are those of an independent contractor and not an employee of the City. Accordingly, neither the Contractor nor anyone on its behalf is
authorized in any manner whatsoever to bind or otherwise represent it/himself/herself as an agent of the City. The Personnel Policies and
Procedures of the City do not apply to the Contractor, and the contractor, its officers, employees and agents receive no rights or benefits thereunder
by reason of this Agreement.
5. OUTSIDE EMPLOYMENT. The Contractor may engage in any outside employment other than that provided for by this Agreement without prior
approval by the City.
6. RELEASE AND INDEMNIFICATION. In consideration of the foregoing exchange of promises and in further consideration of the compensation
to be paid to the Contractor under this Agreement, the Contractor, its officers, employees and agents hereby release the City, its employees, agents
and assigns from any and all present and future liability, claims, causes of action, losses, costs or expenses of any kind whatsoever stemming from or
in any way relating to the Contractor's performance under this Agreement. The contractor, its officers, employees and agents further specifically
agree to hold the City harmless and indemnify the City against any claims, demands, liabilities or causes of action whatsoever brought by or on
behalf of any third party for damages, losses, costs, expenses or injuries sustained by any such third party arising from or in any way relating to the
negligent acts or omissions of the Contractor, its officers, employees or agents in the performance of its obligations under this Agreement. The
Contractor must provide comprehensive general liability insurance in the amount of $500,000.00 and provide a certificate of insurance listing the
City of Fort Collins as an additional insured.
7. DEFAULT PERIOD. Each and every term and condition of this Agreement shall be deemed to be a material element hereof and, in the event of
default by either party, the non -defaulting party shall be entitled to all rights and remedies at law and in equity, including, but limited to, the award of
reasonable attorney's fees and costs incurred because of the default.
8. BINDING EFFECT/NO ASSIGNMENT/NO THIRD PARTY BENEFICIARY. This Agreement shall be binding upon the City and the
Contractor, their legal representatives, successors and, assigns, if any, and shall not be assigned by either party without the written consent of the
other party. This Agreement is made for the sole and exclusive benefit of the City and the Contractor, and is not made for the benefit of any third
party.
9. The Contractor shall manage and conduct all activities and services hereunder in a fair, nondiscriminatory, professional, and competent manner, •
consistent with the requirements of the Americans with Disabilities Act, and Colorado and Fort Collins human rights laws, and otherwise in
compliance with all applicable laws and to the reasonable satisfaction of the City.
10. This Agreement shall be governed by the laws of the State of Colorado, and the parties agree that venue for any action hereunder shall be in Larimer
County, Colorado.
11. ENTIRE AGREEMENT. This writing constitutes the entire agreement between the parties hereto.
12. Contractor must initial if he/she agrees an hone number may be published or released to participants for use in relationship to the
program/project described hereunto. (initial)
13. The undersigned Contractor warrants that hei/shbSeektilly competent to execute this Agreement.
CONTRACTOR
Name: High Country Foot Care
Tax ID #
Social Security #: 46-0520114
Home Phone: N/A
Work Phone: 970-416-1777
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Fax: — 95-962-8168 E-mail: Lb�e@comcast.net
Address: 133 Yale AveFort, Col l i q- rn R0926
Signature: � v I ?,,A/_J