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