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HomeMy WebLinkAboutBrowne, Michael J; 2012-09-20; PEM583PEM 583 AGREEMENT FOR RANGE SAFETY OFFICER TRAINING SERVICES MICHAEL J BROWNE PEM583 THIS AGREEMENT is made and entered into as of the JIO^ day of .^Tfemfecr. 20^. by corporatibn, ("City"), and Michael J. E and between the CITY OF CARLSBAD, a municipal corporatfon, ("City"), and Michael J. Browne, an individual, ("Contractor^). RECITALS City requires the professional services of a trainer that is experienced in training NRA certified Range Safety Officers. 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 one (1) year from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be eighteen hundred dollars ($1,800). No other compensatidRfor the Services will be allowed except for items covered by subsequent amendments to this Ag»fement. 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 perfonn 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. 6. INDEMNIFICATION Contractor agrees to indemnify and hold hamnless 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 seif-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 early terminafion of this Agreement. City Attorney Approved Version 2/17/12 PEM 583 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 Califomia 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 of at least "A:X", in an amount of not less than one million dollars ($1,000,000) each, unless othenvise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occun'ence coverage, excluding Professional Liability, which will be written as claims- made coverage. The insurance will be in force during the life of this 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 prior to City's execution of this 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 Carisbad 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 Carisbad 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 parfy. 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 fliing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq.. and Carisbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carisbad 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 City Attorney Approved Version 2/17/12 PEM 583 will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. 14. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and wan^ant that they have the legal power, right and actual authority to bind Contractor to the temns and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By: (sign here) (print name/tifle) By: Cily Monogcr or Moyer er Director David Hauser, Director Property & Environmental Management ATTEST: LORRAINE M. WOOD City Clerk U If required by City, proper notarial acknowledgment of execution by contractor must'b/5'^ * '^^^N^'' 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: RONALD R. BALL, City Attomey Assistant City Attomey City Attorney Approved Version 2/17/12 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of On before me, Date ~ Jere Insert Name and "rttle'cf the Officer / ir\\chae\ CT. SrnorNg personally appeared Name(s) of Signer(s) SUSAN S. SAINZ P Commission # 1922709 I Nptary Public - California I San Diego County g My Comm. Expires Jan 22,2015f who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/6t*€/4t*«y executed the same in his/hor/thoir authorized capacity(ies), and that by his/be*/thw signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature OPTIONAL — Signature of Notary Public\J Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ^ r • 1 ^ Title or Type of Document: /j^g^l^v^nr^ SHehl OmJ^^ | Si/: . .. -lent Date: Signer(s) Othe?*rtTan..^amed Above: Capacity([es) ClaimedB7'Stga§r(s) Signer's Name: Number of Pages: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: Corporate Officer — Title(s): • IndKTtcki^l • Partner — uT:>RUted • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 PEM 583 EXHIBIT "A" SCOPE OF SERVICES 1. Contractor will provide Range Safety Officer Training, following National Rifle Association (NRA) approved curriculum for up to eight (8) City staff for $200 per person, with the goal of each staff person obtaining NRA Range Safety Officer Certification. 2. Contractor will provide training on-site at the Carisbad Safety Training Center, located at 5750 Orion Street, Carisbad, CA 92010 on a date mutually agreed upon by City and Contractor. 3. City will provide reimbursement for contractor travel expenses related to this contract up to $200, which will cover all expenses including mileage, business license, insurance, and any other expenses not directly related to the course fee above. City Attorney Approved Version 2/17/12