HomeMy WebLinkAboutLipka Tony; 2009-02-17;AGREEMENT FOR Cal/OSHA LOW VOLTAGE ELECTRICAL SAFETY TRAINING AND
WRITTEN PROGRAM SERVICES
Tony Lipka Consultant and Trainer
US AGREEMENT is made and entered into as of the l day of
_ 2009, by and between the CITY OF CARLSBAD, a municipal
jrporation, ("City")/^d Tony Lipka Consultant and Trainer , a sole proprietor, ("Contractor").
RECITALS
City requires the professional services of a Trainer and Consultant that is experienced in
Cal/OSHA low voltage electrical safety training and written programs. 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 sixty (60) days from the date first
above written.
3. Compensation. The total fee payable for the Services to be performed will be Two
Thousand Five Hundred dollars ($2,500.00). No other compensation for the 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 early termination of this Agreement.
6. Insurance. The City of Carlsbad Water and Wastewater Maintenance Department has
agreed to waive the insurance requirements according to the attached insurance waiver.
City Attorney Approved Version #05.06.08
7. Conflict of Interest. City will evaluate Contractor's duties pursuant to this Agreement to
determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code
is required of Contractor or any of Contractor's employees, agents or subcontractors. Should it
be determined that disclosure is required, Contractor or Contractor's employees, agents, or
subcontractors will complete and file with the City Clerk those schedules specified by City and
contained in the Statement of Economic Interests Form 700.
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 sea., and Carlsbad Municipal Code Sections 3.32.025, et
seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the
City of Carlsbad to terminate this Agreement.
11. Venue and Jurisdiction. 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 #05.06.08
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 authority to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
*By:
CITY OF (BARLSBAD, a /municipal
corporation dnthe £tate of Cawromia
By:
(print name/title)ATTEST:
^e-mail address)
*By:LORRAINE M. WOOD
City Clerk
(sign here)
(print name/title)
(e-mail address)
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:
RONALD R. BALL, Crty Attorney
Deputy City Attoniiey
City Attorney Approved Version #05.06.08
EXHIBIT "A"
SCOPE OF SERVICES
Itemized List of what Contractor will do for City and at what price.
City Attorney Approved Version #05.06.08
Consultant and Trainer
December 31, 2008
City of Carlsbad Public Works Department
Mr. Don Wasko
5950 El Camino Real
Carlsbad, CA 92008-6802
Mr. Wasko
This letter serves as my proposal to provide low voltage electrical safety
training for your staff at the City of Carlsbad Public Works Department.
The class will cover the Cal/OSHA low voltage electrical safety orders and
electrical safety program that I will write for your department. The class will
last about 7 hours (including breaks and lunch) and can be scheduled for a
mutually agreed upon date and time.
I will provide these services for the price of $2,500. This price includes:
• all my expenses and materials for the class
• a certificate of completion for each person attending
• a written low voltage electrical safety program to your speficiation
If you you would like to proceed contact me to schedule the training. I do
have some dates available in January 2009 and that will allow me time to
write the program and have you review it before the training date. Also I will
provide my IRS W-9 Form and any other information to your accounting
department upon request.
References:
San Diego Gas & Electric - Donna Fleming 858.636.5777
I was the Electrical Safety Instructor 2002 - 2006
City of Corona - Greg Vigneau, Safety Officer 951.279.3594
I wrote the electrical safety and lockout/tagout programs and conduct annual
training classes.
P.O. Box 3369, Rancho Santa Fe, CA 92067-3369 • 858.947.5133 • TLipka@san.rr.com
Consultant and Trainer
City of Oceanside - Jean Tobin, Safety Manager 760.435.3514
I wrote the electrical safety and lockout/tagout programs and conduct annual
training classes.
I appreciate this opportunity to work with you and the City of Carlsbad Public
Works Department.
Best Wishes For Your Success,
'Tony Lip^a
P.O. Box 3369, Rancho Santa Fe, CA 92067-3369 • 858.947.5133 • TLipka@san.rr.com