HomeMy WebLinkAboutTony Lipka Consultant and Trainer; 2009-07-13;AGREEMENT FOR Cal/OSHA SOP's FOR LOCKOUT7TAGOUT
PROCEDURES FOR 14 LIFT STATIONS
Tony Lipka Consultant and Trainer
THIS AGREEMENT is made and entered into as of the \L\S\ day of
2009, by and between the CITY OF CARLSBAD, a municipal
corporaHonTfCity"), and 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 Three
Thousand Seven Hundred Fifty dollars ($3,750.00). 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 seq., 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 CITY OF CARLSBAD, a municipal
corporation of the State of Califomij
LORRAINE M.
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
Cqrgoratign. 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 Attorney
Deputy City AttomeyK
City Attorney Approved Version #05.06.08
Consultant and Trainer
June 15, 2009
City of Carlsbad Public Works
Maintenance & Operations Department
Mr. Ken Burtech
5950 El Camino Real
Carlsbad, CA 92008-6802
Mr. Burtech
In our meeting on June 15, 2009 we discussed your desire to have Standard
Operating Procedures (SOPs) developed which will also fulfill the Cal/OSHA
requirement for equipment specific lockout/tagout procedures for the 14 lift
stations in your system.
To begin this project I will need to visit and inspect as many of the 14 lifts
stations as you feel necessary to determine the similarity and uniqueness of
each station. While at the sites I will compile a list of electrical hazards that
need to be addressed/corrected and present these to you in a written report.
We will also develop the checklist-style SOP you want your operators to
follow when troubleshooting at each site. When you have approved my final
draft of each SOP I will provide:
• One printed copy for your Lockout/Tagout Program binder (14)
• One printed and laminated copy for each lift station (14)
• One electronic copy to use as a template for future SOPs (1)
• A training session with your staff on the SOPs
I will provide all of this for the fixed price of $3,750. This work can be
completed and billed to you in any manner you desire and does not have to
be a purchase order for the full amount. We can discuss any payment ideas
you may have.
I appreciate this opportunity to work with you and your staff again.
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
WAIVER REQUEST FORM
FACTORS IN SUPPORT OF REQUEST TO MODIFY INSURANCE REQUIREMENT(S)
Generally, a modification to the coverage requirement will be accepting a lower limit of coverage or waiving the
requirement(s).
Requested by: Ken Burtech, PW Water M&O 7/6/09
(Name and Department) Date
Proposed modification(s) to the All Insurance requirement(s) for Tony Lipka Consultant and
Trainer
(Type of insurance) (Name of contract)
I I Reduce coverage to the amount of:
IXI Waive coverage
D Other:
FACTOR(S) IN SUPPORT OF MODIFICATION(S)
(check those that apply)
I [Significance of Contractor: Contractor has previous experience with the City that is important to the
efficiency of completing the scope of work and the quality of the work-product, [explain]
[X]Significance of Contractor: Contractor has unique skills and there are few if any alternatives, [explain:
include number of candidates RFP sent to and number responded if applicable] Very few qualified trainers are
available to teach Cal/OSHA lockout/tagout safety training. Contractor has been highly recommended by
SDG&E and City of Oceanside. SDG&E no longer does in house training but hires Mr. Lipka to train their staff.
We feel that the price is extremely low for the training and writing of the program and we will be receiving
extensive work for the low price. Mr. Lipka travels all over the United States training employees in various types
of business. Our department feels that hiring Mr. Lipka will be very helpful to our employees that are required to
work with electrical equipment safely. 2 other safety contractors were contacted for this work but Tony Lipka is
the only contractor that will provide site specific training.
^Contract Amount/Term of Contract: $3,750.00 Work will be completed over a period of 60 days
[^Professional Liability coverage is not available to this contractor or would increase the cost of the contract by
$ [explain].
I [Other (e.g. explain why exposures are minimal, how exposures are covered in another policy, exposure
control mechanisms, and any other information pertinent to your request):
Approved by Risk Manager for this contract only:
(Signature) (Date)
H:\WORD\Insurance\Admin Order #68 waiver modify insurance requirements.doc