HomeMy WebLinkAboutAlliance Consulting International; 2014-11-04;AGREEMENT FOR CONSULTANT SERVICES
ALLIANCE CONSULTING INTERNATIONAL
THIS AGREEMENT is made and entered into as of the H""^ day of
NoKJCt^heY" . 20/^. by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and Alliance Consulting International, a corporation ("Contractor"), a noise
monitoring assessment consultant.
RECITALS
City requires the professional services of a consultant that is experienced in industrial
hygiene noise monitoring assessment and personal dosimetry. Contractor has the necessary
experience in providing these professional services, has submitted a proposal to City and has
affirmed its willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein. City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in Exhibit "A", attached and incorporated by this reference in
accordance with the terms and conditions set forth in this Agreement.
2. TERM
This Agreement will be effective for a period of 90 days from the date first above written.
3. COMPENSATION
The total fee payable for the Services to be performed will be Five Thousand Fifty dollars
($5,050.00). No other compensation forthe Services will be allowed except for items covered by
subsequent amendments to this Agreement. City reserves the right to withhold a ten percent
(10%) retention until City has accepted the work and/or the Services specified in Exhibit "A."
4. STATUS OF CONTRACTOR
Contractor will perform the Services as an independent contractor and in pursuit of Contractor's
independent calling, and not as an employee of City. Contractor will be under the control of City
only as to the results to be accomplished.
5. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys
fees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that this
section will survive the expiration or earty termination of this Agreement.
City Attorney Approved Version 1/30/13
6. INSURANCE
Contractor will obtain and maintain policies of commercial general liability insurance, automobile
liability insurance, a combined policy of workers' compensation, employers liability insurance, and
professional liability insurance from an insurance company authorized to transact the business of
insurance in the State of California which has a current rating in the Best's Key Rating guide of at
least A-:VII OR with a surplus line insurer on the State of California's List of Eligible Surplus Line
Insurers (LESLI) with a rating in the latest Best's Key Rating Guide ofat least "A:X", in an amount
of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved
by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding
Professional Liability, which will be written as claims-made coverage. The insurance will be in
force dunng the life ofthis Agreement and will not be canceled without thirty (30) days prior written
notice to the City by certified mail. City will be named as an additional insured on General Liability
which shall provide primary coverage to the City. Contractor will furnish certificates of insurance
to the Contract Department, with endorsements to City priorto City's execution ofthis Agreement.
7. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Cartsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
8. COMPLIANCE WITH LAWS
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment and will obtain and maintain a City of Carlsbad Business License
for the term of this Agreement.
9. TERMINATION
City or Contractor may terminate this Agreement at any time after a discussion, and written notice
to the other party. City will pay Contractor's costs for services delivered up to the time of
termination, if the services have been delivered in accordance with the Agreement.
10. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of
false claims as set forth in the California False Claims Act, Government Code sections 12650, et
see and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges
that debarment by another jurisdiction is grounds for the City of Cartsbad to terminate this
Agreement.
11. JURISDICTIONS AND VENUE
Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes
between the parties arising out of this Agreement is the State Superior Court, San Diego County,
California.
12. ASSIGNMENT
Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become
due under it, without the prior written consent of City.
13. AMENDMENTS
This Agreement may be amended by mutual consent of City and Contractor. Any amendment will
be in writing, signed by both parties, with a statement of estimated changes in charges or time
schedule.
City Attorney Approved Version 1/30/13
14. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authonty
to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
&I0ql^ mb^A/a- PPSUDiJy\
(print name/title)
By:
(sign here)
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
Gity Manogor or Mayor OP Director
Charles McBride
ATTEST:
BARBARA ENGLESON
City Clerk
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a corporation. Agreement must be signed by one corporate officer from each of the following
two groups:
Group A.
Chairman,
President, or
Vice-President
Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BRE ,torney
''2:^As3istant City Atforney
City Attorney Approved Version 1/30/13
ACKNOWLEDGMENT
State of California
County of San Diego
On 2014 before me, Walt Pennington
(insert name and title ofthe officer)
Mil personally appeared.
who proved to me on the basis of i^tisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf ofwhich the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
WALT PCNWNCTON ' ( COMM. #2003394 z Notary Public • California g
San Dlego County My Comm. Eupjiw Jan. 7.2017 \
EXHIBIT "A"
SCOPE OF SERVICES
OBJECTIVES AND SCOPE OF WORK
The scope of work includes the following tasks:
1. Conducting personal noise dosimetry on eight to ten employees selected from four
representative groups to include at least two each from Street Maintenance, Facilities
Maintenance, Fleet Maintenance, and Park and Trees Maintenance. This involves
conducting full or partial shift Time Weighted Average (TWA) exposure determinations for
each employee during one day shift. Four to five employees from two departments will be
monitored the first day, followed by monitoring the remaining four to five employees from
the other two job categories the next day.
2. Conducting a general area noise survey using a Survey Sound Level meter in areas where
work activities allow for ready and safe access to the employees being monitored.
3. Preparing a written report ofthe industrial hygiene monitoring comparing the monitoring
results with applicable Cal/OSHA Hearing Conservation Standard and Threshold Limit Values
of the American Conference of Governmental Industrial Hygienists.
4. Providing recommendations for implementation of interim noise controls, as appropriate.
PROJECT MANAGEMENT
The project will be performed by a Certified Industrial Hygienist and Certified Safety Professional.
We will stay in regular communication with the Department's project manager throughout the
project to ensure meeting all objectives within the allotted time and budget. The scope of work
includes equipment preparation and pre- and post- calibration; field monitoring; results
evaluation, and report preparation. Round trip mileage from San Diego is included.
PROJECT SCHEDULE
Alliance will work with the Department to develop a schedule compatible with overall project
objectives. The estimated timeline for completing the project is approximately ten days after
receiving the order to proceed, including two days of fieldwork, followed by one week to submit
the final report to the City of Carlsbad Risk Management Department.
Time and Materials
Industrial Hygiene Noise Monitoring Assessment of Maintenance employees for the City of
Carlsbad, California
Tasks Description Labor Materials Total
Total Personal Noise Monitoring, Data Analysis &
Report preparations
$4,480 $570 $5,050
Time and Materials - Not to Exceed $5,050.00.
CONTRACTING
Payment conditions
Billing will be at the conclusion ofthe project.
ALLIANCE CONSiyLTING INTERNATIONAL
PARTNERS IN ENVIRONMENTAL ANP OCCUPATIONAL HEALTH & SAFETY
October 21, 2014
Mr. Ed Garbo
Risk Manager
City of Carlsbad Risk Management Department
1635 Faraday Avenue
Carlsbad, CA 92008
Subject: Authorization for Mr. Enrique Medina to sign in Multiple Officer Titles on
behalf of Alliance Consulting Intemational.
Dear Mr. Garbo,
This letter is to attest that Mr. Enrique Medina, President of Alliance Consulting
International also holds the titles of Chief Executive Officer, Secretary, and Chief
Financial Officer, and is hereby authorized to sign in all of those various capacities on
behalf of the corporation.
Mr. Medina is the sole director of Alliance Consulting Intemational and holds 100% of
all shares of stock that have been issued to date.
Yours truly.
'resident
336128™ ST. SAN PIEGO, CALIFORNIA 92104
(619)297-14.69 FAX C619) 297-1023 EMEDINA<®PUL5E-POINT.COM