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HomeMy WebLinkAboutContract 1620Beautician Services Agreement This Agreement is made this ~ day of ,~.~O/, by and between Columbia Heights Economic Development Authority--~hereafter referre~{' ~ ~' to as "Facility") located at 590 40th Avenue NE, Columbia Heights, Minnesota 55421, and ~~,' ~ (hereafter referred to as "Consultant") located at 965 40th Avenue I~, Columbia Heights. I. Objectives The objectives of this contract are as follows: Whereas, Facility does not by it's employees provide barber or beauty services for it's residents, and desires to ensure that it's residents have ready access to a licensed barber or beautician to maintain proper health and appearance on a regular basis; and Whereas, Consultant has the necessary qualifications and abilities to maintain a barber/beautician operation on Facilities premises, and is desirous of providing such an operation upon terms and conditions set forth below: Now therefore, in consideration of the premi, ses and neutral covenants contained herein, it is agreed as follows: II. Status of Parties Facility and Consultant agree that their relationship is that of independent contractor and not of employer and employee or principal and agent. III. Insurance Consultant shall carry such liability insurance as is customary within Consultants profession, which is acceptable to Facility, and shall provide a copy of insurance to Facility. The Facility retains the right to ask for proof of workers compensation coverage and malpractice insurance if applicable. Proof of insurance shall be supplied to Facility at least annually or upon renewal of contract. Consultant shall be solely responsible for insuring his/her own equipment, supplies and property. IV. Credentials Consultant is responsible for insuring proper credentials are maintained to render stated services. Consultant shall provide Facility with a copy of such credentials at the start of the contract period and as updated thereafter. V, Indemnity_ The Consultant shall defend, indemnify, and hold Facility harmless against any and all claims, liabilities, damages or judgments asserted against, imposed upon or incurred by Consultant that arise out of acts or omissions, including malpractice, negligence or breach of this agreement by Consultant or any of it's employees, agents or representatives in the discharge of it's or their professional responsibilities to a resident under this agreement. VI. Discrimination Consultant will comply with all laws regarding discrimination on the basis of race, color, creed, religion, national origin, sex, sexual orientation, marital status, status with regard to public assistance, membership or activity in a local commission, disability or age. VII. Confidentiali~ All residents and client rights must be respected and honored. Any information regarding residents, clients, and the business of the Facility is considered confidential and must not be shared outside of the context of the service rendered. VIII. Consultant Responsibilities Provide barbering and/or beauty treatment to any male or female resident of the Facility requesting same, upon a schedule or regular business hours sufficient to handle such requests. Specific services to include but not limited to: shampoos, shampoo sets, haircuts, permanents, rinses, hair coloring, styling, etc. (Consultant will not be required to provide services to a resident who's account with Consultant is in arrears, if applicable.) Limit said treatment to residents solely of Facility and conduct no business on the demised premises with other individuals. Furnish all supplies, tools, and items not otherwise leased hereunder, necessary to conduct such operation in a professional manner, at Consultant's sole expense, specifically: shampoo rinse/conditioner, hair rinse or colors, permanent solutions, curlers, curling irons, blow dryers, brushes, combs, clips, cleaning solutions and supplies. Post at all times, in a conspicuous place, Consultant's current charges for various services offered. Any change in charges must be pre-approved by the Facility. Comply in all aspects with standards and requirements of applicable State authority as to practices, procedures and conditions of the operation of barber/beauty shops. Arrange for qualified substitute personnel to maintain continuous operation in the event the Consultant is unavailable to operate shop on a regular basis, due to vacation, sickness, leave of absence or otherwise until Consultants return. IX. Follow State and Federal Resident Rights, State and Federal regulations related to infection control, MN Vulnerable Adult Law, and Facility Policies and Procedures. Ho Sanitize all equipment (curlers, combs, brushes, etc.) after each such use in an approved disinfecting solution. As well as the laundering of any towels or linens used in conjunction of rendered services. Maintain the work area, work station and supply storage areas in a clean and orderly manner at all times. Consultant will be held accountable and responsible for damages incurred to Facility "barber/beauty shop" property and/or equipment as a result of willful/malicious conduct with the intent to damage or damage incurred as a result of Consultant's negligent conduct. Consultant shall be solely responsible for the preparation of billing statements and collection of funds due from residents or clients for professional services rendered. Facility shall not be responsible for any uncollectible accounts. Consultant's commerce to be limited to only customary barber/beauty services. Consultant will not engage in any other business, trade or practice nor conduct marketing or sales for any other business, trade or practice while on Facility's site. Consultant may market barber/beauty services that are offered by Consultant to Facility residents. All marketing materials, communications, etc. will be produced and distributed at Consultant's expense. Marketing materials as well as means of distribution must be approved by Facility prior to commencement of any marketing activities. No Consultant will maintain an accounting, acceptable to Facility of all revenue received in conjunction with barber/beauty shop. This record will be kept on site and be made available to Facility for auditing purposes upon request. O. Follow Facilities non-smoking policy. Facility_ Responsibilities A. Space for Services The Facility agrees to lease the designated "barber/beauty" shop to Consultant as well as provide necessary heating, air conditioning, water and electrical supply. Facility also agrees to lease to Consultant the fixtures, items of equipment, and furnishings described in the attached Exhibit "A". B. Supplies The Facility agrees to provide housekeeping services (floor care), maintenance services and office services (photocopying, faxes, etc.). C. Maintenance The Facility shall maintain demised premises and leased fixtures and furnishings in good repair and working order, and provide necessary janitorial work. Consultant shall promptly report to the Facility any equipment or fixtures in need of repair. Terms of Agreement A. Length of Agreement This agreement will commence on the day of and shall be in existence for a period of one year from and after the commencement date. Thereafter, this agreement will automatically renew on each anniversary date unless terminated by either party hereto. This agreement may be terminated, at any time, by either party upon a written 30- day notice to the other party. Miscellaneous Provisions Ao Neither party hereto shall delegate responsibilities nor assign rights acquired hereunder without the prior written approval of the other party. The Consultant shall be able to show proof of freedom from Tuberculosis on an annual basis, per Facility Tuberculin policy. Signatures: Facility Representatives By: It's Date? By: It's: Date: Consultant By: Title: Date: Exhibit A Fixtures, items of equipment, furnishings located in the barber/beauty shop at Parkview Villa that are the property of the Facility: Quanti~ 2 Each 1 Each Description Chair with Hairdryer attached Beauty Chair It is agreed between the undersigned that the equipment described above is the property of Facility. Facility Representative: ~/~. ~_~r,f..f_~...~-.~ Date: Facility Representative: ~~'~/~_~~ Date: /t.,/ Consultant: Date: H:kPPVkBeaufician Agreement