The URL can be used to link to this page

Home My WebLink AboutCarrie Coffren-Harwell/Senior Center Nail Care 2014 AGREEMENT FOR ON-SITE SERVICES 1. Parties: The City of Oshkosh, through its Seniors Center, 200 North Campbell Road, Oshkosh, Wisconsin 54902, and Carrie Coffren-Harwell, 635 West Snell Road, Oshkosh, Wisconsin 54901, are the parties to this Agreement. The Oshkosh Seniors Center undertakes, facilitates, or makes available a wide variety of services, activities, and events for members of the public aged 50 and over. Carrie Coffren-Harwell is in the business of providing massages and related services. 2. Purpose: In return for the consideration in this Agreement, the City agrees to make space available within its Seniors Center facility allowing Ms. Coffren-Harwell to provide chair and table massages for the benefit of Seniors Center patrons. 3. City Obligations: The City grants a revocable, nonexclusive license allowing Ms. Coffren- Harwell to use the Seniors Center's Nail Care Spa room at 200 North Campbell Road, Oshkosh. This agreement is not to be considered a lease, rental, or other arrangement involving any property interest. More particularly, the City will: a. Make the Nail Care Spa room available each Tuesday of the month from 9:00 a.m. until 12:30 p.m. This time period includes any time necessary for adjustments to the room setup and takedown/cleanup. b. Make reasonable efforts to arrange or setup the room in a manner appropriate the anticipated massage services. c. Include in the space chair(s), desk, telephone, and nearby restroom facilities. d. Provide the reasonable use of a copy machine. e. Provide a Seniors Center information folder containing emergency information, and staff contact names and telephone numbers.. f. Promote Ms. Coffren-Harwell's on-site massage services within the Seniors Center's monthly publication, "The Current." g. Promote Ms. Coffren-Harwell's on-site massage service through public service announcements in local newspapers and related media. The type and frequency of public service announcements are solely at the discretion of the City. h. Allow the placement business cards and/or reasonable signage regarding the Ms. Coffren-Harwell's massage service to remain on the Seniors Center site if appropriate. The determination of appropriateness is solely at the discretion of the City and the Seniors Center. 4. Ms. Coffren-Harwell Obliqations: Ms. Coffren-Harwell agrees to provide professional on- site massage services to Seniors Center patrons. She will: a. Pay the City fifteen percent (15%) for each chair massage and ten percent (10%) for each table massage performed at the Seniors Center space. 1 b. Make payment(s) to the City on or before the fifteenth (15th) of each month for massage services performed the previous month. At the time of payment, a breakdown of the numbers of chair and table massages performed for each Tuesday of the month. Reports must only contain data and must not contain names or other information that would identify individuals. c. Obtain written approval from the appropriate Seniors Center staff before expanding the types of services provided to Seniors Center patrons. d. At all times be clear with others that her business and services are separate and apart from the City and the Seniors Center, and will not take actions that can reasonably create any confusion that Ms. Coffren-Harwell is not an employee or agent of the Seniors Center or of the City. e. Maintain all necessary professional licenses. f. Maintain insurance covering all actions related to her presence on the Seniors Center site, and name the City of Oshkosh, its officers, council members, agents, employees and authorized volunteers as additional insured on this policy. g. Remove all equipment, charts, reports, and files from the space when leaving the Seniors Center premises each Tuesday. h. Maintain complete confidentiality of those Seniors Center patrons for whom she provides massage services. Confidentiality requirements include nondisclosure of such information to Seniors Center staff and/or volunteers, other patrons, and the public unless the patron agrees to disclosure in writing. Confidential information does not include the raw data Ms. Coffren-Harwell is not responsible for information disclosed by the patron receiving the massage services. 5. Limitations: Appointments and massage services occurring at the Seniors Center must be only for Seniors Center patrons, or those who are otherwise eligible to utilize the Oshkosh Seniors Center facilities. No other appointments or services shall occur within the Seniors Center facilities. 6. Term: This Agreement will last for the twelve (12) month period starting on the date in which the last person signs this Agreement. The parties may enter into subsequent agreements, but there is no automatic renewal. This license may be revoked by written notice at any time by either party for any reason. Final payments owed to the City shall be made no later than fifteen (15) calendar days after revocation. All other terms of this Agreement survive after the revocation or term has expired. 7. Reservations: The City will not make or accept any reservations or appointments for massage services. Any person who attempts to make an appointment or requests any information will be provided with the business telephone number for Ms. Coffren-Harwell and advised that they will need to make appointments / reservations directly. 8. Pa ments: Ms. Coffren-Harwell is expected to collect all payments for massage services from Seniors Center patrons. Payments shall not be provided to or dropped off at the Seniors Center. 2 9. Intellectual Property: This has agreed to advertise the massage services to be provided. If the Seniors Center believes it is appropriate, Ms. Coffren-Harwell may provide input regarding these advertisements, or may even submit an appropriate copy for the City to use. To the extent that Ms. Coffren-Harwell submits any information that may be otherwise protected by copyright, trademark, trade name, or hold similar property rights for use in City advertisements, then the City is granted the right and license to use such protected material in a reasonable manner for the purposes it understands to be acceptable. 10.Participant Safety: Carrie Coffren-Harwell asserts that she carries liability insurance covering certain injuries and damages occurring during its normal business operations. Carrie Coffren-Harwell may require clients to sign release or waivers that may limit its liability for injuries or damages at its discretion and as authorized by law. Carrie Coffren- Harwell reserves the right to make an independent judgment regarding the fitness of any client for massage services. The City and Carrie Coffren-Harwell agree that they are responsible for their own negligent or willful actions and will not be liable for the negligent or willful actions of the other party. 11.No Business Relationship: The City and Carrie Coffren-Harwell are not in a partnership or business relationship for this event. Ms. Coffren-Harwell retains the sole right to performed the massage services, 12.Governmental Immunities: The City is protected by certain governmental immunities and limitations of liability within the Wisconsin Statutes including, without limitation, Section 893.80 of the Wisconsin Statutes. All such immunities and limitations are not intended to be waived and are fully incorporated herein. 13.No 3`d Party Beneficiaries: This Agreement is intended to benefit only the parties signing ~�this agreement, and will not benefit any 3`d party. ��t: ; ;` '� CITY OF OSHKOSH ;'� �f � � SENIORS C TER '��r � ! � ° UV �- By: � C rie� f e - arwe I Mark Ziemer, Senio S ices Manager Date: � �(J Date: � �' 1 3