HomeMy WebLinkAboutValley VNA Senior Services/Toe Nail Care AddendumADDENDUM TO
CITY OF OSHKOSH PROGRAM AGREEMENT
Program: Toe Nail Care
PARTIES: It is the intention of Valley VNA SeniorServices a Wisconsin Non-5[ock
Corporation (VNA), and the City of Oshkosh, through its Seniors Center (City), to fully
incorporate the t rms of this Addendum into [he City of Oshkosh Facility Lease Agreement
dated 1 1 2°�6 asamended.
PROGRAM SUMMARY: Toe Nail Care is a program operated by VNA [o provide Foot Ezam by
a Regis[ered Nurse (RN), Foot Soak, Massage, Callus Reduc[ion, Toenail File and Trim to
older adults. VNA providesTOe Nail Care services in a variety of settings. VNA agrees to
provide an on-site Toe Nail Care RN for older adults in need of such care at the Oshkosh
Seniors Center. 7he Seniors Center provides the setting for and VNA provides the necessary
staffing and equipment to properly take care of those in need. The Seniors Center benefits
from VNA's experience and expertise, and VNA benefits from having the ability to use a
convenient location with age-appropriate facilities to be[ter serve its clien[s.
III. COST: There is a suggested donation of 520.00 by the City per 20 minute appointment. The
VNA agrees to invoice the City monthly for the cost of providing a Toe Nail Care RN to meet
the schedule need. 7he City will schedule appointments and communicate that to the VNA
for the scheduling of an RN. For purposes of comparison, the yearly Foot Care RN cost for
2014 was 535.50/hour. The City will be responsible for any changes in the cost of the RN,
provided VNA give the City at least thirty (30) days advanced written notice of these
changes.
IV. TERM: This Addendum Agreement shall remain in effect for the same term as the Parties'
underlying Oshkosh Facility Lease Agreement into which this Addendum is incorporated,
unless terminated by either party. Either party may terminate this Addendum Agreement
for any reason provided it gives [he other party at least ninety (90) days advance written
notice of [ermination.
V. SPACE: The City will provide space at the Seniors Center for use by the RN. The City will not
charge rent for the space used by the VNA RN. .
VI. VNASTAFF: VNAwillprovide[heRNwhoisdirectlysupervisedbyVNA.VNAagreesto
provide the Ciry with statistics and other reasonable documentation related ro the Toe Nail
Care service upon request. The RN will not be an employee of the City of Oshkosh, and at all
times will be an exclusive employee of VNA. The RN will not be a shared employee. VNA
will at all times retain ultimate and exclusive control over the ac[ions and activities of the
Foot Care RN and shall retain all employment-related responsibilities and liabilities.
VII. VNASTAFF RESPONSIBILITIES: The RN will perform various duties and have various
responsibilities in carrying out VNA's 7oe Nail Care service at the Oshkosh Seniors Center.
While the employer, VNA, is responsible for outlining the duties required of the position,
and while the ezact details of their tasks for Seniors may change from time to time, the
VIII.
expec[ations of the RN position by [he City and [he Seniors Cen[er will typically include [he
following:
a. Provide Toe Nail Care and other health information to older individuals, their families
and caregivers.
b. Although the RN's immediate VNA Liaison is [he Senior ServicesTeam Supervisor, they
will work very closely with the Oshkosh Senior Services Manager and the Seniors Center
staff.
c. The RN will assist seniors in connecting with appropriate programs and services. The RN
will work very dosely with the Senior Services Manager and the Seniors Center staff and
keep them informed of day-to-day issues as well as what is happening for seniors
[hroughout [he community.
SENIORS CENTER EXPERATIONS FOR POSITION: The Seniors Center expec[s VNA's Toe Nail
Care RN Position to provide the following services as necessary:
a. Professionally provide Toe Nail Care for seniors and provide general health information,
education and referrals to all that they come in contact with.
b. Assis[ anyone in the Oshkosh Seniors Center with connecting to Crisis Intervention
Specialists or 911.
a Share information about Toe Nail Care clinics [o [he mmmunity on behalf of VNA (as
employer) and the Oshkosh Seniors Center (as program contractor�.
VALLEY VNA SENIOR SERIVCES A NON-STOCK CORPORATION
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Print Name Title
CITY OF OSHKOSH
By: ���a�� a/ S'
MarkT City Manager Da[e
ADDENDUM TO
CITY OF OSHKOSH PROGRAM AGREEMENT
Progrem: Blood Pressure Checks, Flu Clinics and Continuing Education
I. PARTIES: Itisthein[entionofValleyVNASeniorServicesaWisconsinNOn-Stock
Corporation, through its Community Services Division (VNA�, and the Ciry of Oshkosh,
through its Seniors Center (City), to fully inwrporate the terms of this Addendum into the
City of Oshkosh Faciliry Lease Agreement dated � � -2° �b as amended.
II. PROGRAM SUMMARY: Blood Pressure Clinics, Flu Shot Clinics and Health Education are
programs operated by VNA to provide hands-on assistance and care ro older adults in need
of such care at the Oshkosh Seniors Center. The Seniors Center provides [he se[ting for and
VNA provides the necessary staffing and facilities to properly take care of those in need.
The Seniors Center benefits from VNA's experience and expertise, and VNA benefits from
having the abiliry to use a convenient location with age-appropriate facilities to better serve
its clients.
III. COST: 7here is no cost for the space necessary for these programs. Appropriate rooms and
space will be identified to provide these services as they are scheduled.
IV. TERM: This Addendum Agreement shall remain in effect for [he same rerm as [he Parties
underlying Oshkosh Faciliry Lease Agreement into which this Addendum is incorporated,
unlessterminatedbyei[herparty. Eitherpartymayterminate[hisAddendumAgreement
for any reason provided it gives the other party at least ninery (90) days advance written
notice of termination.
V. SPACE: The Seniors Center offers, and VNA accepts, a nonezclusive right to identified rooms
and areas for the sole purpose of VNA administering its services and programs. VNA's use of
the space is non-exclusive only to the extent that the Seniors Center or others may use this
space when VNA is not actually using or occupying it, and provided such use does not
unreasonably interfere with VNA's use of this space. Additionally, VNAwill have non-
exclusive access, without charge, to common areas such as hallways, restrooms, and the
ki[chen. VNAShallusethesecommonareasforminorancillaryfunctions. VNAwillhaveno
priority of use over these common areas, but may use them as they may be available.
VI. SENIORSCENTERINVOLVEMENT: TheSeniorsCenterdoesnotoperateoradministeror
otherwise become responsible forthe Blood Pressure Clinics, Flu Shot Clinics and General
Heath Education and Information. However, in light of the programs location within the
Seniors Center facilities, it will:
a. Plan cooperatively with VNA for any marketing and/orfundraising that represents the
VNA services.
b. Provide access to meeting rooms, and copy/fax machine.
VII. VNA PROGRAM DETAILS: VNA maintains full au[hori[y [o operate, administer, and take full
responsibility for the 81ood Pressure Clinics, Flu Shot Clinics and General Health Education
Services. However, in light of the program's location wi[hin [he Seniors Center facilities, it
will:
a. CoordinarewiththeSeniorsCenterProgramCoordinatorand/orACtivitiesCoordinator
inrorporating VNA dients inm Seniors Center programs.
b. Employ and supervise Blood Pressure Clinic, Flu Shot Clinic and General Health
Education staff with established performance evaluation procedures.
c. Operate these services in compliance with applicable state regulations.
d. Cover s[aff and program with agency insurance and provide certificate of insurance to
City of Oshkosh —Seniors Center.
VALLEY V NA SENIOR SERVICES A W ISCONSIN NON-STOCK CORPORATION
By: �� �.j
Sig ature Date
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Print Name Title
CIN OF OSHKOSH
By: /���L�-- �'2 �I
Mark Rohbff, Ciry Manager Date
CITY OF OSHKOSH PROGRAM AGREEMENT
PARTIES: This Lease Agreement is between the Valley VNA Senior Services a Wisconsin Non-
Stock Corporation with principal offices at 1535 Lyon Drive Neenah, WI 54956, (VNA or
7enant), and the City of Oshkosh, a Wisconsin Municipal Corporation, with principal offices
at 215 Church Avenue, Oshkosh, Wisconsin 54902 (City, or Landlord).
The specific divisions of each organiza[ion [o which this Lease Agreemen[ is in[ended [o
beneflt are VNA In-HOme Care business and community resource programs division, wi[h a
principal office at 1535 Lyon Drive Neenah, WI 54956, and the City's Seniors Center, with
principal offices at 200 and 254 North Campbell Road, Oshkosh, Wisconsin 54902.
II. PURPOSE AND INTENT: The Cily and VNA have benefitted from a positive working
relationship overthe past severol years and, more importantly, have collaborated to offer
their respective services to a shared community. It is the intention of each party to
coopera[e with each otherto continue this rela[ionship in a mannertha[ will most
effectively serve the shared community of [he City's Seniors Center and VNA's In Home Care
division. More specifically, to the eztent described in this Lease Agreemeni the City will
agree to continue making its facili[ies, s[aff, and/or services available to the VNA in a
manner that will allow its In Home Care division to effectively carry out i[s services and
programming within the Seniors Cen[er.
III. MASTER AGREEMENT: The City offers, and VNA accepts, the terms herein which allow the
lease or use of certain areas of its Seniors Centerfacility by VNA forthe purposes described
in this Lease Agreement, or any Addendums that may be attached. The parties currently
collaborate on services such as Foot Care Clinic, Blood Pressure Checks and general health
and wellness education and programming and it is expected that such programs will
continue. In anticipation that current programming may change, or that other programming
may be added in the future, the parties enter into this master Lease Agreement followed by
specifc individual wri[ten Addendums signed by both parties which detail [he [erms of
� specific programming. All Addendums are fully incorporated into this Lease Agreement.
IV. 7ERM: This Agreement including all Addendums begins on lanuary 1, 2015 and ends
December 31, 2017. The Agreement term shall be automatically extended for one (1)
additional year unless either party notifes the other party in writing that it will opt out of
the eztended period no la[er than 90 calendar days prior to the end of the initial [erm of [his
Agreement.
TERMINATION: Either party may [efmina[e [hi5 Agreemen[ fof any reason by providing the
other party with written notification at least 90 calendar days before the intended
termination date.
VI. PROGRAM CHARGE: The space needs required by VNA will be described in the program
Addendums a[[ached [o this Agreement.
VII. CONDITION OF PREMISES: The City will provide [he space to be used by VNA in a fit
condi[ion, in a good state of repair, and in a sanitary condition. VNA agrees to promptly
notify [he City of any repairs or maintenance tha[ is or may be necessary. VNA shall leave
the space it uses in a condi[ion substantially similar [o its condi[ion a[ the beginning of [heir
use, excepting normal wear and tear and damage due to ac[s of God.
VIII. ALTERA710N5: VNA shall make no alterations in orto any of the City's buildings, premises,
or facilities without the written consent of the City. All alterations shall remain for the
benefit of the Ciry unless the Ciry has otherwise provided written consent allowing the
alterations to be removed, or requiring the alterations to be removed.
I%. CIN RESPONSIBILITIES: Maintain the overall fa[ility, inCluding rooFand StrUC[ural
sec[ions, and heating, cooling, and electrical systems, excep[ repairs necessary due to the
intentional or negligent actions or inactions associated with VNA's use of City property.
Maintain and repairfixtures including water pipes, sewer pipes, gas pipes, drains, and
plumbing except repairs necessary due to the intentional or negligent associated with VNA's
use of the Ciry property. Day-to-dayjanitorial and related tasks for common areas and
other City facilities except those spaces specifically designated for use by VNA. Provide VNA
with OSHA required MSDS sheets for cleaning products utilized in day service areas and
areas of the center where day service clients participate in any activity. Take are
reasonable precautions to ensure that City staff and volunteers will abide by HIPPA and
other confidentiality and ethical guidelines.
X. VNA RESPONSIBILITIES: Main[ain i[s designated space(s) and keep them in good condition
and repair, except for reasonable wear and tear or damages caused by acts of God. To the
e�Rent that facilities need to be installed within the Citys buildings or property, such
installa[ion must receive the written approval of [he City which shall not be unreasonably
denied. Keep the OSC premises in good repair as they are a[ [he commencemen[ of the
term, except reasona6le use and wear. Take all reasonable precautions to ensure that all
VNA staff and volunteers involved with VNA services or programming at the Cit�/s Seniors
Centerwill abide by HIPPA and other confidentiali[y and ethical guidelines.
XI. DAMAGE BY FIRE OR OTHER DISASTER: If the leased premises are partially damaged byfire
or other disas[er, [hen repairs shall 6e made as speedily as possible by and at [he ezpense of
Ihe City, subject to other provisions of [his Lease. If the damage is so ex[ensive as [o leave
the premises untenable or potentially untenable, then VNA's program payments shall cease
or shall abate on a pro-rata basis related to VNA's unusable space until the same are
repaired. If [he premises is damaged [o the eztent that the City decides not to rebuild, then
the lease term shall cease, the premises shall be surrendered, and all accrued rent shall be
paid up to the time of the event causing such result.
XII. INSURANCE:
a. Property: VNA brings in and [akes home [heir supplies and otherwise they use our
chairs e[c... The City shall main[ain property insurance at its expense coveringthe City's
buildings and City-owned contents.
b. General Liability: The Ciry shall maintain provide liability insurance covering the actions
of the City's officers, Council Members, employees, agents, and authorized volunteers.
VNA shall procure and maintain commercial general lia6ility insurance in a[ least One
Million and NO/100 dollars ($1,000,000) for any one accident or inciden[ and Two
Million and NO/300 dollars (52,000,000) aggregaie claims. VNA shall add the "City of
Oshkosh and i[s officers, Council Members, Agents, Employees and Au[horized
Volunteers" as additional insured on its Commercial General Liability Policy.
c. Professional Liability: If applicable to a particular VNA program, VNA shall procure and
maintain professional liability insurance in at least One Million and NO/100 dollars
(51,000,000) for any one accident or incident and Two Million and NO/100 dollars
($2,000,000) aggregate claims.
d. Within thirty (30) days of the execution of this agreement, VNA shall furnish City of
Oshkosh with Certificates of Insurance veri(ying the existence of all required insurance
policies. New Certificates shall be provided for new or renewed policies.
XIII. HOLD HARMLESS/ INDEMNIFICATION: VNA and the Ci[y are responsible for the negligent
or willful or malicious actions or inactions of their respective employees, agents, and
volunteers.
a. VNA agrees that it will at all times indemni(y Ciry of Oshkosh and hold the City harmless
against any and all damages, claims, liabilities, losses, damages, cots, expenses and
attorneys' fees of any kind or nature whatsoever related to VNA's use of City property
or facilitiesthat is caused in part or in whole by the negligent or willful actions or
inactions by VNA, their employees, agents, or affiliates.
b. In the event of any claim, action, suit, or proceeding against City of Oshkosh/OSC upon
any matter subject to above lis[ed indemnity and insurance clause, CiN of Oshkosh/OSC
shall within ten (10) working days cause notite in writing thereof to be given to VNA by
certifed mail.
XIV. GOVERNING LAW: The [erms of this lease shall be governed by the laws of [he State of
Wisconsin. Thevenueforalldisputeresolutions,whetherformalorinformal,shallbe
Winnebago County, Wisconsin.
[SIGNATURE PAGE FOLLOWS]
Valley VNA Senior Services a Wismnsin NomS[ock Corporation
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Prin[ Name Title
CIN OF OSHKOSH
BY: �. l� ��
Mar Rohloff, City Manager
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