HomeMy WebLinkAboutLipka, Tony; 2014-08-06;AGREEIVIENT FOR SAFETY TRAINING SERVICES
TONY LIPKA
THIS AGREEMENT Is made and entered into as of the (Q"^ day of
^qust7 20/^. by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and Tony Lipka, a sole proprietor, ("Contractor").
RECITALS
City requires the professional services of a consultant/trainer that is experienced In safety
training as it relates to OSHA compliance, safety and inspection. 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 forthe Services to be performed will be Two Thousand Five Hundred.dollars
($2,500.00). 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 ansing 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.
City Attorney Approved Version 1/30/13
6. INSURANCE
Insurance requirement is waived per City of Carlsbad Administrative Order No. 68 that waives
insurance requirements for consultants/trainers.
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 Carlsbad 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
sea., and Carlsbad Municipal Code Sections 3.32.025, et sea. Contractor further acknowledges
that debarment by another jurisdiction is grounds for the City of Carlsbad 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 Dlego 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.
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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 authority
to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
(phnt name/title)
By:
(sign here)
(print name/title)
City Managor or Moyor or Director
Charles PJlcBride
ATTEST:
BARBARA ENI^LESON
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 City Attorney
ssistant City Attorney
City Attorney Approved Version 1/30/13
EXHIBIT "A"
SCOPE OF SERVICES
Mr. Tony LIpka will conduct multiple training sessions for one day for Public Works staff on
changes to the Illness, Injury & Prevent Program (lIPP) as required by CalOSHA.
The training will be scheduled for one day in August 2014 at various Public Works locations to be
determined.
Mr. Lipka will re-write the lIPP for the City of Carlsbad and provide an electronic copy.
Lastly, Mr. Lipka will edit the City's current programs for confined spaces, electrical, fall
protection/ladder, and lockout/tagout at no charge.
The fee for this training andl^rt writing is $2,500.00. This fee Includes all of Mr. Lipka's
expenses and materials.
City Attorney Approved Version 1/30/13